CAT/C/KEN/CO/1 page 2 (b) The ratification by the State party, on 15 March 2005, of the Rome Statute of the International Criminal Court; (c) The enactment of the Community Service Order Act in 1998, which establishes the option of community services projects as an alternative to custodial sentences; (d) The enactment of the Children Act in 2002; (e) The enactment of the Witness Protection Act in 2006; (f) The closing down of the infamous Nyayo House torture chambers; (g) The establishment of the Kenya National Commission on Human Rights in 2003; (h) The launch of the Governance, Justice, Law and Order Programme intended to reform the legal and justice sector; (i) Recent establishment of the civilian independent Police Oversight Board; 5. The Committee also welcomes the information provided by the delegation about the National Human Rights Policy and Plan of Action currently under development aimed at integrating human rights in the national planning process. 6. The Committee notes with satisfaction that relevant reports were submitted to the Committee by the Kenyan National Commission on Human Rights and that representatives from the Commission attended the meetings of the Committee and provided valuable information. 7. The Committee also welcomes the efforts made by the State party to cooperate with nongovernmental organizations, particularly national and local organizations, which have provided the Committee with valuable contributions to the review process of the initial report. The Committee encourages the State party to strengthen its cooperation with such organizations with regard to the implementation of the provisions of the Convention. C. Subjects of concern and recommendations Definition of torture and appropriate penalties for acts of torture 8. The Committee takes note that the State party is a dualist state requiring domestication or incorporation of international instruments at the national level through an act of Parliament and it regrets that the State party has not yet incorporated the Convention into its legal framework. While acknowledging that torture is prohibited by section 74 (1) of the Kenyan Constitution, the Committee deeply regrets that the Penal Code and Code of Criminal Procedure do not contain a definition of torture and therefore lack appropriate penalties applicable to such acts, including psychological torture. (arts. 1 and 4) The State party should ensure the incorporation of the Convention into its legal framework. Furthermore, the State party should, without delay, include a definition of torture in its penal legislation in full conformity with article 1 of the Convention and ensure that all acts of torture are punishable by appropriate penalties which

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