Kenya is working towards achieving middle-income country status by the year 2030 through implementation of Vision 2030, Kenya's    blueprint for national development 2008 to 2030. Vision 2030 aims to transform Kenya into a middle-income country through three pillars - economic, social and political - and is being implemented in successive 5-year Medium Term Plans (MTPs). A key objective of the third medium term plan is to implement policies, programmes and projects that will facilitate the attainment of the 17 Sustainable Development Goals (SDGs) to ensure that the global development framework and its implementation is directly linked to achieving both Vision 2030 and the SDGs. All Ministries, Counties, Departments and Agencies (MCDAs) are expected to report on the relevant monitoring indicators identified by the Kenya National Bureau of Statistics (KNBS) out of the 230 Global    indicators. Most importantly, the agenda is not just a call for action, but also includes specific guidance for implementation that provides flexibility for taking into account national circumstances and associated challenges. Achievement    of the SDGs    requires business support through    innovation,    resource mobilisation, inclusion and non-discrimination, collaboration and adoption of sustainable practices. Human rights treaties and standards underpin the entire 2030 Agenda and over 90% of SDGs targets can be linked to human rights standards. Thus, business respect for human rights will be a key means of ensuring progress towards achievement of the SDGs in a manner that contributes to equal outcomes for all, and the realisation of human rights.
The Constitution of Kenya, 2010, provides the normative framework for the respect of human rights by businesses in Kenya. Article 20 provides that the Bill of Rights binds all state organs and all persons, who are defined in Article 260 to include a "company, association or other body of persons whether incorporated or unincorporated." The courts have interpreted this as imposing human rights obligations on businesses, which approach has potentially given victims of business related human rights abuses an extensive range of options for remedy. This constitutional imperative for businesses supports the state's commitment to protect human rights and is consistent with the state's obligations under regional and international human rights instruments. In this respect, Articles 2(5) and (6) of the 2010 Constitution provide that the general rules of international law, and any treaty or convention ratified by Kenya, form part of the laws of Kenya. Therefore, treaties and international agreements that Kenya has signed and international normative frameworks such as the United Nations Guiding Principles on Business and Human Rights (UNGPs), are a part of the domestic legal framework.
At the international level, the 2011 endorsement of the UNGPs by the United Nations Human Rights Council was a pivotal point in building consensus about the required standard of business conduct that ensures respect for human rights. The UNGPs are based on three pillars i.e. State Duty to Protect Human Rights, Corporate Responsibility to Respect Human Rights and Access to Remedy.
Pillar 1; State Duty to Protect Human Rights: Describes the duty of the State to protect those under its jurisdiction from human rights violations whether committed by public or private sectors. This can be achieved through legislative and administrative measures.
Pillar 2; Corporate Responsibility to Respect Human Rights: Spells out the responsibility of businesses to respect human rights by ensuring that due diligence is exercised in their operations to avoid causing harm to individuals or communities. It further calls on businesses to take positive measures to enhance the enjoyment of human rights.
Pillar 3; Access to Remedy: Emphasizes the responsibility of States and the corporate sector to ensure that victims of human rights violations have access to effective remedies. This can be achieved through judicial and non-judicial grievance handling mechanisms.
The three pillars are elaborated in 31 guiding principles on how to operationalize each of them. The working group on the issue of human rights and transnational corporations and other business enterprises (the Working Group on business & human rights) which is the body mandated by the UN Human Rights Council to promote the implementation of the UNGPs, has recommended that states adopt NAPs on business and human rights to guide on the implementation of the UNGPs.
The Government is committed to protecting individuals and communities against the adverse impacts of business-related operations and expects businesses to respect human rights in the course of their operations. This NAP presents the Government's commitment to address adverse business-related human rights impacts. The NAP brings more clarity to the relevance of human rights for business, emphasizing practical solutions and proposes the development of useful tools and guidance materials. It will facilitate the identification of approaches that have been recognized by a number of businesses and stakeholders as being good both for business and for human rights. Embracing the action plan is in keeping with the goal of showing that advancing human rights is not just about managing risks and meeting standards and expectations but also about realizing new opportunities for sustainable growth and development.