The Human Truth Foundation

Human Rights and Freedom in Kenya

https://www.humantruth.info/kenya_human_rights_and_freedom.html

By Vexen Crabtree 2018

#freethought #kenya #kenya_freethought #religious_tolerance

Kenya
Republic of Kenya

[Country Profile Page]
Flag
StatusIndependent State
Social and Moral Index130th best
LocationAfrica
Population51.4m1
Life Expectancy61.43yrs (2017)2

Kenya is generally poor at ensuring human rights and freedom compared to the rest of the world. Kenya does better than average for freethought3 and in combatting modern slavery4. When it comes to most other metrics, Kenya does not do well. It does worse than average in the rate of gender bias (from 7 indicators)5 (yet still one of the best in Africa), its success in fighting anti-semitic prejudice6, commentary in Human Rights Watch reports7 (still good for Africa), supporting personal, civil & economic freedoms8 (still good for Africa), its average Freedom in the World rating (still low for Africa), its nominal commitment to Human Rights9, supporting press freedom10, opposing gender inequality11 and in LGBT equality in the 2020s12. Security forces and law enforcement staff can veer into abusive, including physically violent, tactics in order to suppress human rights, government critics, journalists and opposition politicians, including extrajudicial killings13.


1. Kenya's Human Rights, Equality & Tolerance

#equality #freedom #gender_equality #human_rights #kenya #morals #politics #prejudice #tolerance

Compared to Africa (2025)14
Pos.Lower is better
Avg Rank14
1Cape Verde66.3
2S. Africa70.7
3Mauritius74.9
...
20Ivory Coast110.4
21Sao Tome & Principe111.8
22Tanzania112.4
23Kenya114.0
24Congo, (Brazzaville)114.4
25Morocco114.4
26Gambia115.0
27Guinea-Bissau115.8
28Uganda119.2
Africa Avg110.04
q=54.
Human Rights, Equality & Tolerance (2025)14
Pos.Lower is better
Avg Rank14
1Sweden7.8
2Netherlands8.7
3Denmark8.8
...
140Laos113.3
141China113.4
142Vatican City113.6
143Kenya114.0
144Congo, (Brazzaville)114.4
145Morocco114.4
146Gambia115.0
147Guinea-Bissau115.8
World Avg89.80
q=199.

The best countries in the world at ensuring human rights, fostering equality and promoting tolerance, are Sweden, The Netherlands and Denmark15. These countries are displaying the best traits that humanity has to offer. The worst countries are Somalia, Eritrea and Saudi Arabia15.

31 datasets are used to calculate points for each country, including multiple decades of data on supporting press freedom, combatting modern slavery, supporting personal, civil & economic freedoms, its average Freedom in the World rating, commentary in Human Rights Watch reports, its nominal commitment to Human Rights, speed of uptake of HR treaties, opposing gender inequality, the rate of gender bias (from 7 indicators), the year from which women could participate in democracy, its success in fighting anti-semitic prejudice, LGBT equality and freethought. The regions with the best average results per country are Scandinavia, Baltic States and Europe15, whereas the worst are The Middle East, Africa and Asia15.

For more, see:

Amnesty International's 2023-23 summary on human rights in Kenya stated:

The police used excessive and sometimes lethal force to break up protests. The right to life continued to be violated. Over 100 people were unlawfully killed; the incoming president disbanded a police unit he said was responsible for such killings. Millions suffered hunger due to prolonged drought. The government continued to struggle to protect social and economic rights, including to housing and health. Steps were made towards the realization of women€s and girls€ rights. The High Court directed parliament to enact legislation allowing abortion in some circumstances.

"The State of the World's Human Rights 2022/23" by Amnesty International (2023)16

Between 2016 and 2017 Human rights observers documented "a range of rights abuses by the security forces in military and law enforcement operations ... including extrajudicial killings"13.

2. Human Rights & Tolerance Datasets

2.1. Press Freedom

#democracy #freedom #Freedom_of_Speech #Good_Governance #mass_media #politics #UK

Press Freedom
Higher is better
10
Pos.202510
1Norway92.31
2Estonia89.46
3Netherlands88.64
...
113Georgia50.53
114Colombia49.80
115Philippines49.57
116Kenya49.41
117Equatorial Guinea48.68
118Mali48.23
119Morocco48.0417
120Togo48.03
Africa Avg52.30
World Avg54.65
q=179.
Kenya comes 116th in the world regarding supporting press freedom.

The freedom to investigate, publish information, and have access to others' opinion is a fundamental part of today's information-driven world, and is linked with Freedom of Speech and Good Governance. Scores on the Press Freedom Index are calculated according to indicators including pluralism - the degree to which opinions are represented in the media, media independence of authorities, self-censorship, legislation, transparency and the infrastructure that supports news and information, and, the level of violence against journalists which includes lengths of imprisonments. The index "does not take direct account of the kind of political system but it is clear that democracies provide better protection for the freedom to produce and circulate accurate news and information than countries where human rights are flouted". The rankings are used as one of the datasets of the Social and Moral Development Index18

It must be noted that press freedom is not an indicator of press quality and the press itself can be abusive; the UK suffers in particular from a popular brand of nasty reporting that infuses several of its newspapers who are particularly prone to running destructive and often untrue campaigns against victims. The Press Freedom Index notes that "the index should in no way be taken as an indicator of the quality of the media in the countries concerned".

For more, see:

Over the past five years, Kenyan authorities have used legal, administrative, and informal measures to restrict media [including beatings and threats]. In the lead up to the 2017 elections, journalists and bloggers reporting on sensitive issues such as land, corruption, and security faced threats, intimidation, arbitrary arrests, and physical assaults.

"World Report 2018" by Human Rights Watch (2018)13

Averages by decade for Kenya (for the ranks, lower is better):

Press Freedom2000s 
Average
2010s 
Average
Kenya:24.4769.12
World Rank:97th ⇡  94th
World Avg:27.4465.91

2.2. Slavery in the 2020s

#burundi #eritrea #human_rights #indonesia #slavery

Slavery in the 2020s
Lower is better
4
Pos.Total
Per 10004
1=Switzerland0.50
1=Norway0.50
3=Germany0.60
...
69Malawi4.90
70=Zimbabwe5.00
70=Cambodia5.00
70=Kenya5.00
70=Brazil5.00
74Zambia5.10
75=Mali5.20
75=Laos5.20
Africa Avg6.90
World Avg7.15
q=160.
In terms of combatting modern slavery, Kenya ranks 70th in the world.

Modern slavery includes forced labour (often of the under-age), debt bondage (especially generational), sexual slavery, chattel slavery and other forms of abuse, some of which can be surprisingly difficult to detect, but often target those fleeing from warzones, and the poverty-stricken vulnerable.19. Some industries (diamond, clothing, coal) from some countries (Burundi20, Eritrea20, Indonesia21) are a particular concern. The Walk Free Foundation, say in their 2023 report, that 50 million people are living in modern slavery20, and, nearly two-thirds of those in forced labour are employed at the end of supply chains working for large multinationals that creating products consumed by rich countries22.

For more, see:

Averages by decade for Kenya (for the ranks, lower is better):

Slavery2010s 
Average
2020s 
Average
Kenya:6.905.00
World Rank:124th ⇡  70th
World Avg:6.547.15

2.3. Personal, Civil & Economic Freedom

#freedom #politics

Personal, Civil & Economic Freedom
Lower is better
8
Pos.2014
Rank8
1Hong Kong1
2Switzerland2
3New Zealand3
...
86=Rwanda85
87India87
88=Burkina Faso88
88=Kenya88
88=Bahrain88
91Jordan91
92Cape Verde92
93Botswana93
Africa Avg114.2
World Avg79.7
q=159.
With respect to supporting personal, civil & economic freedoms, Kenya is positioned 88th in the world.

The Human Freedom Index published by the Fraser Institute is...

... a broad measure of human freedom, understood as the absence of coercive constraint. It uses 79 distinct indicators of personal and economic freedom in the following areas: Rule of Law, Security and Safety, Movement, Religion, Association, Assembly, and Civil Society, Expression, Relationships, Size of Government, Legal System and Property Rights, Access to Sound Money, Freedom to Trade Internationally, Regulation of Credit, Labor, and Business. [...]

The highest levels of freedom are in Western Europe, Northern Europe, and North America (Canada and the United States. The lowest levels are in the Middle East and North Africa, South Asia, and sub-Saharan Africa. [...]

Countries in the top quartile of freedom enjoy a significant higher per capita income ($37,147) [compared with] the least-free quartile [at] $8,700). The HFI finds a strong correlation between human freedom and democracy.

"The Human Freedom Index" by The Fraser Institute (2016)23

For more, see:

2.4. Freedom in the World

#freedom #human_rights #hungary #politics #USA

Freedom in the World
Lower is better
Pos.2024
Score
1=Norway1.0
1=Canada1.0
1=Cape Verde1.0
...
111=Georgia4.0
111=Guatemala4.0
111=Zambia4.0
111=Kenya4.0
111=Ivory Coast4.0
111=Honduras4.0
111=Bosnia & Herzegovina4.0
111=Armenia4.0
Africa Avg4.8
World Avg3.7
q=205.
Still low for Africa Kenya comes 110th in the world regarding its average Freedom in the World rating.

Freedom House's long-standing annual report has been running since the 1970s, collecting data on political rights (PR) and civil liberties (CL). Their reports rate countries as "Free", "Partially Free" or "Not Free", however the results here are based on their numerical values. Many countries score the best combination of scores (1 and 1), which is why the table of results show many places equally placed in 1st place. In the past two decades, some well-established democracies like the USA and Hungary have been falling. Whilst most of the world in general is improving rights and freedoms over time, the 2020s has seen some regression.

For more, see:

Averages by decade for Kenya (for the ranks, lower is better):

Freedom in the World1970s 
Average
1980s 
Average
1990s 
Average
2000s 
Average
2010s 
Average
Kenya:4.75.45.83.83.9
World Rank:81st ⇣  113th ⇣  165th ⇡  121st ⇣  122nd
World Avg:4.34.23.63.43.4

2.5. Human Rights Watch Comments

#human_rights

Human Rights Watch Comments
Higher is better
7
Pos.2017
Score7
1=UK9
1=France9
1=Germany9
...
66=Ecuador-3
66=Colombia-3
66=Bolivia-3
69=Kenya-4
69=Philippines-4
69=Nigeria-4
69=Vietnam-4
69=Morocco-4
Africa Avg-5.6
World Avg-1.9
q=123.
Kenya ranks 69th in the world regarding commentary in Human Rights Watch reports.

Human Rights Watch comments concentrate mostly on negative issues, however, they also make positive comments for those countries that engage in human rights defence around the world, or who make improvements at home. By adding up positive and negative comments (including double-points for negatives that involve large scales and crimes against humanity), the Social and Moral Index turns HRW commentary into quantified values. Some countries may be unfairly penalized because HRW have not examined them, and, some countries "get away" with abuses if they manage to hide it, or if it goes unnoticed - a negative point has been given for those countries in which HRW specifically state that access to investigators has been barred. The points were limited to a minimum of -10 because there are some points at which things are so bad, with abuses affecting so many, it is difficult to be more specific about the depths of the issues.

For more, see:

2.6. Nominal Commitment to HR

#human_rights

Nominal Commitment to HR
Higher is better
9
Pos.2009
Treaties9
1Argentina24
2=Chile23
2=Costa Rica23
...
110=Bangladesh15
110=Mozambique15
112=Dominican Rep.14
112=Kenya14
112=Japan14
112=Jamaica14
112=Jordan14
112=China14
Africa Avg14.8
World Avg15.1
q=194.
Kenya ranks 112th in the world regarding its nominal commitment to Human Rights.

There are many international agreements on human rights, and, many mechanisms by which countries can be brought to account for their actions. Together, these have been the biggest historical movement in the fight against oppression and inhumanity. Or, putting it another way: these are rejected mostly by those who wish to oppress inhumanely. None of them are perfect and many people object to various components and wordings, but, no-one has come up with, and enforced, better methods of controlling the occasional desires that states and peoples have of causing angst for other states and peoples in a violent, unjust or inhumane way. Points are awarded for the number of human rights agreements ratified by the country, plus the acceptance of the petition mechanisms for disputes. The maximum possible score in 2009 was 24.

For more, see:

2.7. HR Treaties Lag

#human_rights #international_law #micronesia #politics #small_islands

HR Treaties Lag
Lower is better
24
Pos.2019
Avg Yrs/Treaty24
1Ecuador2.15
2Uruguay2.25
3Tunisia3.65
...
67Netherlands8.29
68Belgium8.30
69Greece8.44
70Kenya8.58
71Eritrea8.66
72=Paraguay8.78
72=Burkina Faso8.78
74Belize8.88
Africa Avg9.88
World Avg10.02
q=195.
Kenya is positioned 70th in the world with regard to speed of uptake of HR treaties.

Human Rights (HR) Treaties Lag is a count of how long it took each country to sign each of 11 key HR treaties. From the date of the first signatory of each treaty, all other countries have one point added to their score for each day they delayed in signing. Results are presented as average time in years to sign each one. The lower a country's score, the more enthusiastically it has taken on international Human Rights Treaties - which are, of course, minimal standards of good governance. The slowest are the countries of Micronesia, Melanesia, Australasia and Polynesia all lagged by over 12 years per treaty. The best regions are The Americas, Scandinavia and the Mediterranean.

For more, see:

3. Gender Equality Datasets

Kenya is an unequal country, with male rights dominating those of women.

See:

3.1. Gender Inequality

#gender #gender_equality #human_rights #misogyny #women

Gender Inequality
Lower is better
11
Pos.202211
1Denmark0.01
2Norway0.01
3Switzerland0.02
...
135Angola0.53
136Gabon0.53
137Uganda0.53
138Kenya0.54
139Tonga0.55
140Sudan0.55
141Cameroon0.56
142Lesotho0.56
Africa Avg0.53
World Avg0.34
q=166.
Kenya ranks 138th in the world regarding opposing gender inequality.

The UN Human Development Reports include statistics on gender equality which take into account things like maternal mortality, access to political power (seats in parliament) and differences between male and female education rates. Gender inequality is not a necessary part of early human development. Although a separation of roles is almost universal due to different strengths between the genders, this does not have to mean that women are subdued, and, such patriarchalism is not universal in ancient history. Those cultures and peoples who shed, or never developed, the idea that mankind ought to dominate womankind, are better cultures and peoples than those who, even today, cling violently to those mores.

For more, see:

Note there was only 1 datapoint in the 1990s but it's consistent with the following decades' trends, so its still listed as an 'average' for the 1990s.

Averages by decade for Kenya (for the ranks, lower is better):

Gender Inequality1990s 
Average
2000s 
Average
2010s 
Average
Kenya:0.680.650.56
World Rank:101st ⇣  132nd ⇣  138th
World Avg:0.440.410.37

3.2. Gender Biases

#gender #gender_equality #prejudice #women

Gender Biases
Lower is better
5
Pos.2022
%5
1Sweden31.825
2New Zealand34.426
3Australia37.026
...
53Thailand95.526
54Iran95.526
55Lebanon95.626
56Kenya95.726
57Tunisia96.826
58Zambia97.127
59S. Africa97.125
60Mongolia97.426
Africa Avg98.10
World Avg83.93
q=88.
Kenya comes 56th in the world when it comes to the rate of gender bias (from 7 indicators) (amongst the lowest in Africa).

The Gender Social Norms Index (GSNI) looks at gender biases across seven criteria; the % given here is for the total people who are biased across any of those criteria. By subtracting the value from 100%, you can see that those who do well on this index, you are seeing a count of those who do not appear to be biased against women in any of the criteria, and so, doing well on this index is a very positive sign for any country.

The data was included in UN (2022) with full results in Annex table AS6.7.1; their data stems for ranges between 2005 and 2022, depending on the country in question.

3.3. Year Women Can Vote

#christianity #gender_equality #human_rights #politics #women

Year Women Can Vote
Lower is better
Pos.Total
Year
1New Zealand1893
2Australia1902
3Finland1906
...
138=Algeria1962
139=Morocco1963
139=Iran1963
139=Kenya1963
139=Fiji1963
139=Afghanistan1963
139=Equatorial Guinea1963
139=Bahamas1963
Africa Avg1961
World Avg1930
q=189.
Kenya is positioned 139th in the world regarding the year from which women could participate in democracy.

Women now have equal rights in the vast majority of countries across the world. Although academic literature oftens talks of when a country "grants women the right to vote", this enforces a backwards way of thinking. Women always had the right to vote, however, they were frequently denied that right. The opposition to women's ability to vote in equality with man was most consistently and powerfully opposed by the Catholic Church, other Christian organisations, Islamic authorities and some other religious and secular traditionalists.

For more, see:

4. Prejudice Datasets

4.1. Anti-Semite Opinions

#antisemitism #christianity #germany #indonesia #jordan #judaism #laos #morocco #netherlands #pakistan #philippines #religion #religious_violence #saudi_arabia #spain #sweden #turkey #UK #vietnam

Anti-Semite Opinions
Lower is better
6
Pos.2014
%6
1Laos0
2Philippines3
3Sweden4
...
58=Romania35
58=Cameroon35
58=Paraguay35
58=Kenya35
62=Lithuania36
62=Guatemala36
64=France37
64=Chile37
Africa Avg45.9
World Avg36.8
q=101.
With regard to its success in fighting anti-semitic prejudice, Kenya comes 59th in the world.

Anti-Semitism is the word given to irrational racism against Jews. It's not the same as anti-Judaism (arguments against the religion) nor the same as anti-Zionism (arguments against Israel). In history, influential Christian theologians concocted the arguments against Jews that led, very early on, to widespread Christian action against Jews28,29,30,31. As Christianity rose to power in the West and presided over the Dark Ages, there were repeated violent outbursts against Jews of the most horrible kind. Entire Crusades were aimed at them and the feared Spanish Inquisition paid Jews particular attention. The horror of the holocaust instigated by German Nazis in the 1940s was followed (finally) by the era of European human rights and a movement against racism in general.

The places that are the least anti-Semitical are a few countries of south-east Asia (Laos, the Philippines and Vietnam) and some of the secular liberal democracies of Europe (Sweden, the Netherlands and the UK). The worst countries for antisemitism are Islamic states of the Middle East32, which are undergoing their own Dark Age. Saudi Arabia, Jordan, Morocco, Indonesia, Pakistan and Turkey see the most oppressive and violent actions towards Jews33,34. Jews in Muslim countries face a host of restrictions and "ceaseless humiliation and regular pogroms"35. In 2004 the European Union Monitoring Center on Racism and Xenophobia reported on violent anti-Jew crimes in the EU and found that that largest group of perpetrators were young Muslim males36.

For more, see:

4.2. LGBT Equality in the 2020s

#equality #homosexuality #human_rights #ICCPR #intolerance #kenya #sexuality #tolerance

Kenya's legal system is needlessly prejudiced against LGBT folk and government fails to tackle homophobia and other social ills.

Constitutional challenges regarding Kenya´s anti-homosexuality laws and the use of forced anal examinations remained pending before the courts. The Kenya Medical Association condemned forced anal exams. The attorney general established a task force in May 2017 to study policy reforms regarding intersex persons.

"World Report 2018" by Human Rights Watch (2018)13

LGBT Equality in the 2020s
Higher is better
12
Pos.Total
Score12
1=Germany4.88
1=Spain4.88
3Portugal4.81
...
168Grenada-4.83
169=Sri Lanka-4.87
169=Liberia-4.87
169=Kenya-4.87
169=St Vincent & Grenadines-4.87
169=Jamaica-4.87
174Solomon Islands-4.88
175=Tanzania-5.00
Africa Avg-3.78
World Avg-1.21
q=215.
Kenya is 169th in the world in terms of LGBT equality in the 2020s.

Discrimination against Lesbian, Gay, Bisexual and Transgender (LGBT) folk is rife across the world. Legal restrictions co-exist alongside social stigmatisation and physical violence37. LGBT tolerance and equal rights have been fought for country-by-country against tightly entrenched cultural and religious opposition. Adult consensual sexual activity is a Human Right and protected by privacy laws38. Despite this, it is illegal to be homosexual in over 60 countries (as of 2025)39. The Vexen LGBT Equality Index as part of the Social and Moral Development Index grants points to each country depending on its LGBT stance since the 1970s40,41. Europe is by far the least prejudiced region, but in the Middle East and Africa cultural prejudice goes hand-in-hand with state intolerance, all too often including physical violence.

For more, see:

Penal Code Sections 162€“165 criminalize €carnal knowledge€; up to 14 years

ILGA researchers in 2017 found that Kenya had no legal protections against anti-LGBT discrimination. They documented cases of LGBT folk being arrested as a result of discriminatory laws within the previous few years. They documented cases of LGBT folk being arrested as a result of discriminatory laws within the previous few years.

Actions taken at the United Nations:

Averages by decade for Kenya (for the ranks, lower is better):

LGBT Equality1970s 
Average
1980s 
Average
1990s 
Average
2000s 
Average
2010s 
Average
2020s 
Average
Kenya:-5.00-5.00-5.00-6.00-7.05-4.87
World Rank:136th ⇣  138th ⇣  148th ⇣  163rd ⇣  193rd ⇡  169th
World Avg:-2.98-2.87-2.60-2.15-1.10-1.21

4.3. Freedom of Thought

#europe #freedom_of_belief #freethought #human_rights #netherlands #religion #religious_tolerance #secularism #the_enlightenment

Freedom of Thought
Lower is better
3
Pos.20213
1=Belgium1.0
1=Taiwan1.0
1=Netherlands1.0
...
46=Fiji2.5
46=Niger2.5
46=Senegal2.5
46=Kenya2.5
46=Romania2.5
46=Mali2.5
46=Bhutan2.5
46=Tonga2.5
Africa Avg3.1
World Avg3.0
q=196.
With regard to freethought, Kenya is positioned 44th in the world.

Freedom of Religion and Freedom of Belief are upheld in Article 18 the United Nation's Universal Declaration of Human Rights42. It affirms that it is a basic human right that all people are free to change their beliefs and religion as they wish43. No countries voted against this (although eight abstained). This right was first recognized clearly in the policies of religious toleration of the Netherlands and elsewhere in Europe in the post-enlightenment era44 of the 19th century. In democratic countries, freedom of belief and religion is now taken for granted45. In 2016 a study found that over 180 countries in the world had come to guarantee freedom of religion and belief46. The best countries at doing so are Belgium, The Netherlands and Taiwan3,47 and the worst: Afghanistan, N. Korea, Pakistan and Saudi Arabia3,48.

Long-term studies have shown that religious violence and persecution both decrease in cultures where religious freedom is guaranteed49. Despite this, there still are many who are strongly against freedom of belief43, including entire cultures and many individual communities of religious believers. Their alternative is that you are not free to believe what you want and they often state that you cannot change religion without being punished (often including the death penalty): this is bemoaned as one of the most dangerous elements of religion50 and "the denial of religious freedoms is inevitably intertwined with the denial of other freedoms"51 and the solution is, everywhere, to allow religious freedom and the freedom of belief.

For more, see: