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post-mortem reports. Some doctors who have criticized the police were said to
have suffered adverse repercussions, including loss of job or government
housing or transferral to another post.
416. Women were reported to be particularly vulnerable to torture or
ill-treatment. Cases of rape by the police or security forces allegedly often
go uninvestigated or are inadequately investigated. Prosecutions of officials
for rape were said to be rare and any punishment was limited to dismissal or
transfer to another post. Women in police custody were sometimes placed in
the same cell as men, rendering them potential targets of sexual abuse by male
detainees.
417. In a reply dated 28 November 1995 the Government stated that it
categorically denied that torture was systematically used by police to obtain
confessions from persons under arrest, persons in police custody or persons
facing criminal charges. The Constitution of Kenya explicitly forbade
torture, confessions obtained thereby were excluded from evidence in criminal
trials and a right of redress by way of a direct petition to the High Court of
Kenya was available to alleged victims. These considerations served as a
deterrent against the use of torture by law enforcement officers, who were
also forbidden by police law and regulations from subjecting suspects to
torture. Contrary to the allegation, women in police custody were placed in
separate cells from those of men.
418. In his above-mentioned letter, the Special Rapporteur also informed the
Government that he had received allegations of torture in the individual cases
described in the following paragraphs. The Government responded to one case,
that of Richard Leakey and Njeri Kabeberi, and indicated that replies to the
other cases would be forthcoming.
419. Rosemary Nyambura reportedly followed some police officers to Ruraka
police station in Nairobi in the early morning of 10 May 1992 after they had
searched and taken money from her. She was allegedly beaten to death by up to
seven officers. The police contended that she had committed suicide, but a
post-mortem report revealed that her death was due to ruptured kidneys and
spleen. Although an investigation began one year later, it was reported that
no police officer had been charged in connection with the incident.
420. Florence Muthoni, aged 16, was reportedly arrested in August 1992 under
accusation of theft from her employer. At Buru-Buru police station in Nairobi
she was allegedly burned and tied up with a rope and a stick was forced into
her vagina. She was hospitalized with a variety of injuries, including
vaginal bleeding, facial swelling, a bruised back and bruised thighs and burnt
fingernails. Although two officers were charged with causing grievous bodily
harm, they were released on bond and have remained on active duty. The case
has reportedly not come to trial, three years after the incident.
421. Joyce Njeri was one of five women reportedly abducted and raped by two or
three General Services Unit (GSU) officers in the Maela camp for displaced
Kikuyu persons from Enosupukia in Narok district. She sustained an injury to
her womb, which did not heal, and died after undergoing an operation. The
incident was said to be only one of a number of rapes and sexual assaults
committed by security personnel in the camps in the area. The abuses were
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