CAT/C/KEN/CO/2
(c)
Enactment of the Judges and Magistrates Vetting Board Act of 2011 with the
on-going judicial reform, including the establishment of office of Director of Public
Prosecutions;
2011.
(d)
Enactment of the National Gender and Equality Commission Act, in 2011;
(e)
Enactment of the Independent Electoral and Boundaries Commission Act, in
5.
The Committee also welcomes the delegation’s commitment to invite the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to
visit Kenya.
C. Principal subjects of concern and recommendations
Definition of torture and appropriate penalties for acts of torture
6.
While noting that the National Police Service Act (2011) criminalizes torture and illtreatment committed by police officers, and provides for appropriate penalties, the
Committee remains deeply concerned that the draft Prevention of Torture Bill (2011) has
still not been enacted (arts. 1 and 4).
Considering that the State party ratified the Convention in 1997, the Committee urges
the State party to table, as a matter of urgency, the Prevention of Torture Bill (2011)
in Parliament, so that its provisions, which include a comprehensive definition of
torture in line with article 1 of the Convention and render all acts of torture
punishable by appropriate penalties, become the applicable law.
7.
The Committee is concerned by the delegation’s statement that while the provisions
of the Convention are incorporated into the national legal system as enforceable rights, in
practice, law enforcement officers, who have committed acts of torture, are not charged
with the offence of torture, but rather with other offences such as murder, assault and rape
(art. 4).
The State party should ensure that, in the presence of evidence of acts of torture,
public officials should be prosecuted for the crime of torture, in accordance with the
definition contained in article 1 of the Convention.
8.
While welcoming the information provided by the State party on the proposed
amendments to the penalties for acts of torture and ill-treatment of children in the Child
Justice Bill (2011), the Committee remains deeply concerned that the current Children Act
(2001) provides for the penalty of “imprisonment not exceeding twelve months or a fine of
fifty thousand Kenya shillings or both” for acts of torture and other forms of ill-treatment of
children, which is not commensurate with the gravity of these crimes (arts. 1 and 4).
The Committee urges the State party to enact the Children’s Act (Amendment) Bill
(2011) and the Child Justice Bill (2011), with a view of ensuring that national
legislation provides for appropriate penalties for acts of torture and ill-treatment of
children, which take into account the grave nature of these offences.
Extrajudicial killings and disproportionate use of force
9.
The Committee remains concerned by the persistent allegations of ongoing
extrajudicial killings, enforced disappearances and excessive use of force by police officers,
especially during “special operations”, as well as by the low rate of investigations and
prosecutions of such acts. The Committee is also particularly concerned by reports of a case
2