Part I NHRIs and the Paris Principles CASE STUDY Kenya: National Commission on Human Rights The Kenya National Commission on Human Rights (KNCHR) is an autonomous national human rights institution, established under article 59 of the Constitution of Kenya 2010, with the core mandate of furthering the promotion and protection of human rights in Kenya. It has the dual responsibility of ensuring that all State organs observe democratic values and principles, as well as promote constitutionalism. It implements two key broad mandates: first, it acts as a watchdog over the Government in the area of human rights (the protection mandate); secondly, it plays a key leadership role in advising and moving the country towards becoming a human rights State (the promotion mandate). These mandates are implemented through various strategies including research, advocacy, lobbying, education and training, outreach, investigations and redress, issuing advisories and publications, and through building partnerships and networking. It has broad functions and powers, including powers to summons witnesses, obtain information and documents, enter premises and conduct audits. It can also adjudicate on any matter concerning human rights.114 4.3. THE OMBUDSMAN MODEL 114 The ombudsman model is built on one member who is full-time and supported by a significant number of staff. The position is variously named: ombudsman or ombuds, provedor(a), defensor(a) or public defender. These NHRIs principally undertake investigations of complaints or situations of human rights violations. For that reason, the final section of the Paris Principles – ‘Additional principles concerning the status of commissions with quasi-jurisdictional competence’ – is especially relevant to their operations. Ombudsman institutions that are NHRIs need to be distinguished from the traditional administrative ombudsman now found in many countries. Administrative ombudsman offices primarily deal with maladministration by government agencies and may or may not include human rights within their mandate. For them, any human rights work is simply a part of the broader administrative mandate. Ombudsman offices that are NHRIs have explicit mandates, as broad as possible, for the promotion and protection of human rights. Only three APF member NHRIs have been established on this model.115 The model is principally found in Latin America and some European and Central Asian countries.116 About a third of all NHRIs are established on the ombudsman model.117 114 Kenya National Commission on Human Rights, Annual Report 2012–2013, 2014, pp. 11-13. See also www.knchr.org. 115 The Provedor for Human Rights and Justice of Timor Leste, the Ombudsman of Samoa and the Commissioner for Human Rights of Kazakhstan have been established on the ombudsman model. So has the Ombudsman of Tuvalu which is not yet an APF member. 116 One major exception in Latin America is the National Human Rights Commission of Mexico, which is established on the commission model. European countries with ombudsman-model NHRIs include Poland, Portugal and Spain. 117 OHCHR, National Human Rights Institutions: History, Principles, Roles and Responsibilities, Professional Training Series No. 4 (Rev. 1), 2010, p. 15. Chapter 4: Models of NHRIs | 31