Age of criminal responsibility
(11) The Committee is deeply concerned that the age of criminal responsibility in the State party is still set
at 8 years of age despite the recommendations made by the Human Rights Committee in 2005 (CCPR/CO/83/KEN)
and by the Committee on the Rights of the Child in 2007 (CRC/C/KEN/2) (art. 2).
The State party should, as a matter of urgency, raise the minimum age of criminal responsibility in
order to bring it in line with the generally accepted international standards.
Arbitrary arrest and police corruption
(12) The Committee is deeply concerned about the common practice of unlawful and arbitrary arrest by the police
and the widespread corruption among police officers, which particularly affects the poor living in urban
neighbourhoods. The Committee is also concerned about the bail system currently in place (arts. 2 and 11).
The Committee urges the State party to address the problem of arbitrary police actions, including
unlawful and arbitrary arrest and widespread police corruption, particularly in slums and poor urban
neighbourhoods, through clear messages of zero-tolerance to corruption from superiors, the imposition
of appropriate penalties and adequate training. Arbitrary police actions must be promptly and
impartially investigated and those found responsible punished. The State party should also reform the
bail system currently in place with a view to ensuring that it is more reasonable and affordable.
Torture and ill-treatment and safeguards while in custody
(13) While taking note of the ongoing revision of the Administration Police Act, the Committee notes with deep
concern the numerous and consistent allegations of widespread use of torture and ill-treatment of suspects in police
custody. The Committee also notes with concern the challenges reported by the State party in providing people
under arrest with the appropriate legal safeguards, including the right to access a lawyer, an independent medical
examination and the right to contact family members. In this connection, the Committee regrets the lack of detailed
statistical data disaggregated on the number of prosecutions and of criminal and disciplinary actions taken against
law enforcement officials found guilty of torture and ill-treatment (arts. 2 and 11).
As a matter of urgency, the State party should take immediate steps to prevent acts of torture and
ill-treatment of suspects in police custody and to announce a zero-tolerance policy of all acts of torture
or ill-treatment by State officials or others working in their capacity. The State party should promptly
adopt effective measures to ensure that all persons detained are afforded, in practice, with the
fundamental legal safeguards during detention, including the right to a lawyer, to an independent
medical examination and to notify a relative.
Furthermore, the State party should keep under systematic review interrogation rules, instructions,
methods and practices with a view to preventing cases of torture.
The State party should provide detailed statistical data disaggregated by crime on prosecution as well
as criminal and disciplinary actions against law enforcement officials found guilty of torture and
ill-treatment.
(14) The Committee notes with concern the reported difficulties experienced by the Kenya National Commission
on Human Rights to freely access and monitor places of detention, particularly police stations (arts. 2 and 11).
The State party should take all appropriate measures to ensure that the Kenya National Commission
on Human Rights, without exception, is provided with the necessary conditions to carry out its
mandate to independently monitor all places of detention, including police stations.
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