Public legal information

Business and human rights in Kenya: prevent harm and enable remedy

How the State duty to protect, the business responsibility to respect and access to remedy apply to workers, recruitment and supply chains.

The protect, respect and remedy framework

The UN Guiding Principles on Business and Human Rights provide the globally recognised framework. States should adopt and enforce measures that protect people from abuse. Businesses should avoid causing or contributing to harm and address impacts directly linked to their operations, products or services through business relationships.

Access to remedy is a shared imperative. Company grievance processes can be useful, but they should not obstruct courts, labour mechanisms, regulators, trade unions or other legitimate routes.

Human rights due diligence

Due diligence is an ongoing process for identifying, preventing, mitigating and accounting for impacts on people. It should be proportionate to the severity and likelihood of harm and informed by meaningful engagement with potentially affected groups.

Where a business caused or contributed to harm, it should provide for or cooperate in remediation. Contractual clauses and supplier audits do not by themselves discharge responsibility.

  • Assess actual and potential impacts.
  • Integrate findings and take action.
  • Track whether responses work.
  • Communicate how impacts are addressed.
  • Provide or cooperate in remedy where appropriate.

Recruitment and labour migration

Recruitment agencies, employers, service providers and lead firms can influence risks through fees, deceptive terms, document control, subcontracting and grievance design. Responsible practice requires transparent recruitment, fair contracts, protection from retaliation and credible remedy across the worker’s journey.

Evidence from individual cases should inform prevention: fixing the underlying policy, commercial incentive or institutional failure is part of preventing repetition.

Information notice

General information, not individual legal advice.

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