In recent years, the conversation around business practices world over has shifted from the lens of profit-driven imperatives to a broader framework of responsible, rights-based human development. At the cog of this evolution is the concept of Business and Corporate Human Rights Due Diligence (HRDD), a process that ensures companies identify, prevent, mitigate, and account for their impact on human rights across their operations and value chains.

Kenya, a country of many firsts but with faltered implementation momentum due to shifting national priorities reaffirmed its leadership on the continent by launching Sub-Saharan Africa’s first National Action Plan on Business and Human Rights (2020–2025). This demonstrates a strong commitment to aligning corporate practices with the UN Guiding Principles on Business and Human Rights (UNGPs).
However, implementation remains uneven. Many businesses particularly in sectors like extractives, agriculture, construction, and digital technology continue to face challenges related to land rights, labor abuses, gender inequality, and environmental harm. Informal employment, weak regulatory oversight, and conflict dynamics further complicate efforts to embed meaningful due diligence.

In November 27, 2024 the Kenyan government announced the sale of stakes in 11 public companies in order to replenish the state coffers, at a time when tax revenues were falling short of its targets.

Although the high court stopped the privatization citing constitutional and legal issues of public importance the move would have kickstarted a vigorous profit maximization contract terms and ethics to a workforce that has been on a very lenient permanent and pensionable government contract.

Why were parastatal workers happy with the court’s decision? How would they have adapted to the new environment? Are government institutions inherently agents of inefficiency? David Ndii the chairperson of the President’s Council of Economic Advisors (CEA) dully agrees.

In this context, HRDD is not just a compliance mechanism but a strategic tool for risk management, stakeholder trust, and long-term sustainability. Companies that proactively conduct human rights assessments, engage affected communities, and build transparent grievance mechanisms are better positioned to operate ethically and competitively in a global economy increasingly shaped by ESG (Environmental, Social, and Governance) standards.

Whether its full impact will unfold as intended remains to be seen but one thing is clear: Human Rights Due Diligence is no longer optional. It is fast becoming a cornerstone of responsible business, propelled by global norms, investor scrutiny, and the unwavering voice of civil society.
The momentum is real and the time to act is NOW