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;