CAT/C/KEN/CO/2 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 19 June 2013 Original: English Committee against Torture Concluding observations on the second periodic report of Kenya, adopted by the Committee at its fiftieth session (6 to 31 May 2013) 1. The Committee considered the second report of Kenya (CAT/C/KEN/2) at its 1146th and 1149th meetings, held on 15 and 16 May 2013 (CAT/C/SR.1146 and 1149), and adopted at its 1164th and 1165th meetings, held on 29 May 2013 (CAT/C/SR.1164 and 1165), the following conclusions and recommendations. A. Introduction 2. The Committee expresses its appreciation to the State party for accepting the optional reporting procedure and for having submitted its periodic report under it, as it improves the cooperation between the State party and the Committee and focuses the examination of the report as well as the dialogue with the delegation. The Committee also welcomes the submission of the State Party’s core document in 2011 (HRI/CORE/KEN/2011). 3. The Committee appreciates the frank dialogue with the State party’s high-level delegation, which covered various areas of concern under the Convention. B. Positive aspects 4. The Committee welcomes the the State party’s efforts to strengthen its legal and institutional framework to safeguard universal human rights protection, including, inter alia, the following: (a) Enactment of the Constitution, in 2010, including especially: (i) The comprehensive Bill of Rights, with the non-derogable right to “freedom from torture and cruel, inhuman or degrading treatment or punishment” (art. 25 (a)); (ii) The principle of direct incorporation of international treaties (art. 2, para. 6) and general rules of international law (art. 2, para. 6), including customary international law, into the domestic legal framework of the State party; (b) GE.13-44668 Ratification of the Treaties Bill, in 2012;

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