Kenya is facing increased scrutiny from the US on its record of protecting international human and labour rights, as the two countries race to stitch together a landmark bilateral trade deal.
Washington and Nairobi are keen on concluding the talks for the proposed US-Kenya Strategic Trade and Investment Partnership (STIP) by the end of the year, the first one by an African country.
The US has raised concerns over loopholes in Kenya’s implementation of laws and policies to protect freedom of expression and respect for human rights, including those for homosexuals.
“The enforcement of labour laws, including with respect to occupational safety and health, continues to be a significant challenge, particularly in the informal economy,” the US Trade Representative Katherine Tai’s office wrote in the 2024 Biennial Report on the Implementation of the African Growth and Opportunity Act.
“Other concerns include restrictions on free expression and media, interference with the freedom of peaceful assembly and freedom of association, lack of accountability for gender-based violence, and laws criminalising consensual same-sex conduct between adults, although there were no reports of the law being enforced.”
Kenyan authorities, especially the internal security agencies, have in recent weeks come under a spotlight for the use of excessive force in quelling youth-led anti-government protests over the now-dropped Finance Bill, 2024 and elevated cost of living.
The police have been under fire from human rights groups, including the State-funded Kenya National Commission on Human Rights, for using live bullets on unarmed demonstrators amid increased cases of abductions and torture of youth, seen as leading the protests.
The protests, led by youth also prompted President William Ruto to fire almost his entire Cabinet last week.
