CAT/C/KEN/CO/1
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(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