Practice Relating to Rule 88. Non-Discrimination
Kenya’s LOAC Manual (1997) states:
Persons not involved in the fighting because they are not taking part in hostilities, or because they are wounded or have surrendered, or have been detained, must be treated … without adverse discrimination.
Kenya’s Constitution (1992) provides that every person in Kenya is entitled to the fundamental rights and freedoms of the individual whatever his or her race, tribe, place of origin or residence or other local connection, political opinions, colour, creed or sex.
In 1981, during a debate in the UN General Assembly, Kenya recalled that the practice of apartheid was considered a crime against humanity by international law and the international community.