The Kenyan republic is dominated by a strong presidency. In 2002 the leader of the National Rainbow Coalition (NRC) was elected as the country's third president in an election that broke the stranglehold of the Kenya African National Union (KANU), which had controlled the presidency and Parliament for nearly 40 years, since 1963. The NRC coalition of more than a dozen political parties is now in power. Elections, although flawed, were considered to reflect the will of the electorate. The NRC coalition won 132 seats and the opposition KANU 68; 5 other parties also hold seats in the 222-member National Assembly.

15 women serve as members of Parliament (7 elected and 8 nominated), and 3 of 29 ministers are women. Minorities are represented in Parliament, with the 5 largest ethnic groups representing 70% of the population holding 167 seats; 37 ethnic groups that make up 30% of the population have 55 seats; 4 of 29 ministers are from minority ethnic groups. The judiciary is independent in law but subject to executive branch influence. The 2003 judiciary reforms are said to have reduced judicial corruption.

Discrimination on the basis of race, tribe, place of origin, political opinions, colour or creed is prohibited, but the law is not enforced. Government officials are accused of tolerating and, at times, instigating ethnic violence.

When all parties in a dispute are Muslim, Islamic courts use Shari'a law in questions relating to personal status, marriage, divorce or inheritance. Marriage or other contracts can be determined in national or customary law. Women's groups seek the elimination of customary law, arguing it favours men.

Torture is illegal, though still reported, and steps are being taken to stop prisoner abuse. Impunity is a serious problem. Police use excessive force to disperse demonstrations and strikes, and deaths have resulted. Vigilante justice continues.

NGOs report unemployment at more than 40%. Donors had stopped official development assistance after reports of corruption surfaced, but anti-corruption measures adopted in 2003 paved the way for the return of international financial institutions. 56% of the population live on less than $1 per day.

The spread of HIV/AIDS is reported to be responsible for an increase of homeless street children. An estimated 250,000 children live on the streets in Nairobi, Mombasa, Kisumu and Nakuru. Street children face harassment and physical and sexual abuse.

Use of the legal system to harass government critics has lessened since the new government came to power. Freedom of speech and of the press are guaranteed, but restrictions of these rights are reported, and members of the media cite harassment and violence. Use of criminal libel laws by government officials intimidates journalists into practising self-censorship.

The country is a point of origin, destination and transit for victims trafficked for the purposes of sexual exploitation and forced labour. Internal trafficking is also a problem.

HIV/AIDS carries a stigma that makes it difficult for people to reveal HIV-positive status. The incidence of HIV/AIDS infection in adults is reported at 7%, down from the estimated peak of 23% in the mid-1990s.

The government's Free Universal Primary Education Programme began in 2003. Ministry of Education data show an increase in primary school enrolment from 6.1 million to 7.2 million, about 78% of the primary school cohort. The policy has resulted in overcrowded classrooms, insufficient teachers and an inadequate budget. Fewer than half of primary school graduates attend secondary school.

Boys and girls differ widely in levels of education. Boys substantially outnumber girls in higher education. 8,000 to 13,000 girls are reported to drop out of school each year due to pregnancy. Women constitute 70% of the country's illiterate population.

Corporal punishment of students has been banned, but reports indicate it is still used. Teachers have been arrested for caning schoolchildren. Newspapers contain reports of molestation or rape of children by teachers, police, clergy and others.

A 3-year programme begins at age 3. At this level, 10% of education is private. The net enrolment rate (NER) is 29%. Of the 70,058 teachers working at this level, 87% are women, and 70% are trained. The pupil/teacher ratio (PTR) is 23 : 1.

Education is compulsory for ages 6 to 13. Primary school begins at age 6 and continues for 6 years. 48% of students are girls. The NER is 76%. Of students who enrol in Grade 1, 73% reach the last grade of primary school. 6% of students repeat grades. 149,893 teachers (44% female) work at this level, and 99% of them are trained. The PTR is 40 : 1.

Secondary education begins at age 12 and is completed in 6 years. 2% of students in upper secondary education study in technical vocational programmes. Secondary NER is 40%. Secondary teachers total 76,709, of whom 28,293 work in lower secondary (44% female) and 48,416 in upper secondary (34% female). The PTR is 52 : 1 in lower and 20 : 1 in upper secondary.

108,407 students (37% female) study in tertiary institutions. The Gross Enrolment Rate is 3%. 14,123 Kenyan students study overseas, mainly in the USA (7,381), the United Kingdom (3,083), Australia (1,115), India (521) and Canada (341).

The Persons with Disabilities Act prohibits discrimination in education and in the provision of other state services; progress is being made to implement the legislation. The government has adopted an inclusive approach in its national policy and has indicated it will give more priority to education for disabled children. Efforts have been made to reduce understaffing and overcrowding at youth detention centres. Reports show a reduction of corporal punishment of juvenile detainees.

The law does not provide for the granting of asylum or refugee status in accordance with the 1951 U.N. Convention Relating to the Status of Refugees or its 1967 Protocol, but the government works closely with the UNHCR to provide protection to refugees. Temporary protection for some 200,000 refugees is provided.

Refugees in camps are provided with education and other basic services. Permission is given to attend higher education institutions for those achieving the academic standard. An undetermined number of refugees live outside the camps in cities and rural areas. Somalis and Sudanese are the largest groups of refugees

More than 40 ethnic groups are recognised in Kenya. Allegations of discrimination and violence among different groups are reported. City neighbourhoods are often segregated ethnically. All children have the right to education and are permitted to attend school. Despite the removal of tuition fees in primary school, financing of education remains problematic for families because there are substantial other costs in sending children to school.

Fewer reports of limitations of academic freedom are noted. Foreign lecturers have the opportunity to lecture publicly. After 22 years of self-imposed exile, the writer Ngugi wa Thiong'o returned and delivered lectures at universities throughout the country. The banned academic staff union was reinstated and took part in salary negotiations. However, publications such as The Quotations of Chairman Mao Zedong and Salman Rushdie's Satanic Verses remain banned. Internet access is not restricted.

Men and women have equal rights in law, and discrimination on grounds of gender is prohibited, though only men can transmit citizenship to their wives and children. Male and female children have equal inheritance rights, but widows, unlike widowers, lose their inheritance if they remarry. Customary law in some ethnic groups does not permit women to own land. Widows are inherited by family members, increasing the risk of sexually transmitted disease, including HIV/AIDS, from which the husband may have died.

5% of the agricultural work force is made up of women, and small businesses are often run by women. The average monthly income of women is two-thirds that of men. Women are promoted more slowly and are more likely to be laid off.

All forms of violence against women are illegal, but domestic violence is widespread. Female genital mutilation is prohibited for girls under 18 but remains widespread in rural areas.

Children under age 16 are protected from working, except for the agricultural sector or children serving as apprentices. The trade union confederation, COTU, and the ILO have developed a programme to help eliminate the worst forms of child labour. Though the Free Universal Primary Education Programme has seen over 1 million working children return to school, there are still more than 1 million children working.

Abuse of children serving as domestic servants is reported. Tea, coffee, sugar and rice plantations employ children as part of family units. The deteriorating economic conditions and the effects of the HIV/AIDS pandemic have resulted in more child labour in the informal sector, where it is difficult to monitor and control. Underage children are active in the sex industry. The ILO reports that approximately 30,000 girls under age 19 are engaged in prostitution.

Workers, except police, have the right to form and join unions. 42 unions represent some 600,000 workers in the formal sector. The Central Organisation of Trade Unions (COTU) is the largest confederation. The 240,000-member Kenya National Union of Teachers is not a member of the confederation.

Anti-union discrimination is reported in the export processing zones in Mombasa. Collective bargaining on wages and conditions of work takes place. Employers in industries experiencing financial difficulty can dismiss workers regardless of the provisions of their collective bargaining agreements. Workers have the right to strike, except for military services, police, prison guards and the National Youth Service. Forced and bonded labour is prohibited, but it occurs.

The minimum wage is circa US$50 (3,908 Kshillings) per month in urban areas and US$42 (3,252 Kshillings) in rural areas. The minimum wage does not provide a decent standard of living for a worker and family. Workers covered by a collective agreement receive better wage and benefits packages. The law limits the normal work week to 52 hours.