comes to minimizing insecurity.
Alleged violation of Article 14
107. According to the Respondent State, Section 75 of the Constitution guarantees the right to protection
from deprivation of property and provides that an individual may not be deprived of their property unless by
law and when the state may compulsorily acquire property for public purposes by compensating the person
deprived of the property. It maintains that members of the Nubian community are not exempted from
enjoying this right as is reflected by a number of them who have titles to land as proof of ownership of
property and security of tenure.
Alleged violation of Article 15
108. The Respondent State outlines various policies and programs aimed at creating jobs in both the
formal and informal sectors in Kenya. It also outlines legislative measures aimed at promoting an enabling
environment for business and industrial development. The Respondent State points out that it has various
ILO conventions and enacted domestic legislation which guarantee just and favorable conditions of work. In
the Respondent State's view, only the registration of an individual as a Kenyan citizen guarantees to them
the right to work in any part of the country without any restrictions; a guarantee which it says extends to the
Nubians.
Alleged Violation of Article 16
109. The Respondent State outlines various programs and mechanisms which it has put in place to ensure
better and affordable healthcare for all Kenyans. These include access to free malaria treatment; the supply
of free mosquito nets; access to free anti-retroviral treatment; the construction of new dispensaries and
health clinics etc. It avers that these health benefits are available to all persons living in Kenya without
distinction and denies the allegation that it has infringed the right of Nubians to access quality healthcare.
Alleged violation of Article 17
110. The Respondent State brings to the attention of the Commission various legislative and administrative
measures adopted to give effect to the right to education. It points out that free and compulsory primary
education has been offered in Kenya since 2003 and has at the time to [sic!] the Communication was
submitted, benefitted about 7.6 million children. The Respondent State points out further that these benefits
accrue to all children without distinction, contrary to the Complainant's allegations.
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