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Freedom House has ranked Kenya 48 out of 100 countries in upholding political rights and civil liberties in the latest report.

The report notes that the Judiciary is considered to be independent, but judicial procedures are inefficient with the government occasionally refusing to comply with court orders.

It paints a grim picture of failure to follow the laid judicial procedures.

“Freedom in the World” is an annual global report on political rights and civil liberties, composed of numerical ratings and descriptive texts for each country and a select group of territories.

Armed groups

The 2021 edition covers developments in 195 countries and 15 territories from January 1, 2020, through December 31, 2020.

The report’s methodology is derived in large measure from the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948. 

The report is based on the premise that these standards apply to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development and operates from the assumption that freedom for all people is best achieved in liberal democratic societies.

The report assesses the real-world rights and freedoms enjoyed by individuals, rather than governments or government performance per se.

Both State and non-State actors, including insurgents and other armed groups, can affect political rights and civil liberties.

Territories are selected for assessment based on whether the area is governed separately from the rest of the relevant country or countries.

“Freedom House takes no position on territorial or separatist disputes as such, focusing instead on the level of political rights and civil liberties in a given geographical area, “ the report states.

A case in point is the government decision to deport political activist Miguna Miguna in the aftermath of the 2017 repeat election and mock swearing in of ODM leader Raila Odinga.

The report also cites retired Chief Justice David Maraga’s recommendation that President Uhuru Kenyatta dissolves Parliament, because it had failed to meet the constitutionally required two-thirds gender quota, a move the High Court suspended pending further deliberation.

“After the High Court annulled the first 2017 presidential election, members of the ruling Jubilee Coalition threatened and intimidated judges,” the report reads.

The report also notes that the National Assembly’s Budget and Appropriations Committee further reduced allocations to the Judiciary for the 2020/21 Financial Year, adding that the constitutional guarantees of due process are poorly upheld.

The report further suggests that Raila’s decision to boycott the repeat election over a lack of reforms at the electoral agency left President Uhuru’s opponents without a viable candidate to vote for, effectively guaranteeing his re-election.