Held on July 30, 2025, in Nairobi, Kenya, the forum convened legal experts, civil society actors, and members of the public to discuss the proposed 2025 Complaints and Enforcement Regulations. These regulations, anchored in the KNCHR Act Cap 71, seek to streamline how complaints are received, investigated, and enforced, in line with Kenya’s constitutional commitment to upholding the dignity and rights of all. Notably, the process comes at a time when many young Kenyans, particularly Gen Z, have openly expressed a sense of political and institutional leaderlessness.

The Kenya National Commission on Human Rights (KNCHR) has initiated public consultations on new Complaints and Enforcement Regulations aimed at improving how the state handles human rights violations—marking a major step in reforming access to justice for victims across Kenya.

As part of a wide-reaching reform process, the Kenya National Commission on Human Rights (KNCHR) has embarked on a public engagement campaign to seek views on the Draft Complaints and Enforcement Regulations, 2025—a legal framework designed to enhance the effectiveness of its mandate under the Kenya National Commission on Human Rights Act (Cap 71).

The public forum, convened at Olive Gardens Hotel in Nairobi on July 30, brought together a cross-section of Kenya’s human rights community. Lawyers, civil society representatives, and members of the public gathered to scrutinize the draft regulations that are expected to shape how the Commission handles complaints and enforces human rights standards in the country.

Under Section 8 of Cap 71, KNCHR is empowered to “receive, investigate, and provide redress for human rights violations.” However, the absence of clear procedural regulations has long been cited as a barrier to swift and effective enforcement. The newly proposed regulations aim to close that gap.

A Response to Structural Challenges

Speaking on the sidelines of the forum, Abdikadir Osman, a Senior Human Rights Officer at KNCHR and an Advocate of the High Court, said the draft regulations are intended to “make the Commission’s work more structured and accessible.”

“We want people—especially marginalized and vulnerable groups—to know that the Commission is not just symbolic. These regulations create mechanisms that are responsive, timely, and grounded in law,” Osman said.

He noted that over the years, the Commission has received thousands of complaints from citizens, ranging from police brutality and land evictions to labor injustices and denial of social services. However, not all cases have moved efficiently due to procedural uncertainties and limited enforcement tools.

“What we are trying to do with these new regulations is ensure that when a Kenyan walks into KNCHR with a human rights complaint, there is a predictable and rights-based process they can rely on,” Osman added.

From Complaint to Enforcement

The Draft KNCHR (Complaints and Enforcement) Regulations, 2025 outline the step-by-step procedures for lodging complaints, timelines for responses, investigatory powers, and how enforcement recommendations are to be made and followed up.

Specifically, the regulations are designed to give effect to Sections 8–29 of the KNCHR Act, which describe the Commission’s core functions—including investigation, mediation, public inquiry, and recommendation for prosecution or compensation where appropriate.

If enacted, the regulations would formally introduce:

• A 30-day timeline for acknowledgment of complaints
• Case triage protocols to categorize urgency and severity
• Expanded powers of inquiry, including witness summons and documentary access
• A framework for follow-up and enforcement of KNCHR decisions, including referrals to the Director of Public Prosecutions (DPP) and relevant state agencies

Legal analysts say these provisions will offer clarity on what victims and the public can expect when they file complaints—while also protecting the Commission from accusations of inaction or inconsistency.

The Relevance for Today’s Kenya

The public forum comes at a time when many Kenyans—especially youth—have expressed growing disenchantment with state institutions and limited recourse when rights are violated.

Recent social media campaigns and protests, including those around police brutality, land displacement, and suppression of protestors, have exposed systemic weaknesses in redress mechanisms. Many Gen Z Kenyans, in particular, have publicly declared their disillusionment with what they describe as a “leaderless” state that rarely listens.

In this context, KNCHR’s efforts to codify a transparent and citizen-centric process may serve to bridge the trust gap between the public and state institutions.

“We recognize that people want to see action, not just statements,” Abdikadir Osman told Migrant Narratives Africa. “This is about making the human rights architecture tangible for ordinary people—especially those who have been silenced or sidelined.”

Constitutional Alignment

The proposed regulations are also a response to Article 59(2)(d) of the Constitution of Kenya, which mandates national human rights institutions to “act as the principal organ of the State in ensuring compliance with obligations under international and regional human rights instruments.”

By formalizing complaint-handling procedures, KNCHR aligns itself more closely with international best practices, including the Paris Principles, which guide the independence and effectiveness of national human rights institutions.

Furthermore, the public participation forum is in line with Article 10 of the Constitution, which obliges public bodies to ensure transparency, accountability, and public involvement in all key decision-making processes.

Next Steps

Following the Nairobi forum, KNCHR plans to hold additional consultations in other counties before finalizing the regulations. A revised draft will then be submitted to the Attorney General and Parliament for approval and gazettement.

The Commission also emphasized that public awareness campaigns and civic education efforts will follow to ensure the general public understands how to engage with the new system.

In the meantime, the KNCHR has published the draft regulations on its website and is inviting written submissions from the public, civil society, and the legal fraternity.

Conclusion

As Kenya continues to grapple with evolving human rights challenges—from digital surveillance to state violence and institutional failure—the KNCHR’s move to strengthen its regulatory framework is a significant development. If successfully implemented, the 2025 Complaints and Enforcement Regulations could mark a shift toward a more accountable and responsive human rights environment in Kenya.

But for these reforms to be more than just paperwork, consistent implementation and genuine political will remain critical.

“This is not just about regulations—it’s about building public trust,” Osman affirmed. “Justice must not only be done—it must be seen to be done. That’s what we’re working toward.”