CAT/C/KEN/CO/1
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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 illtreatment. (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 zerotolerance 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.
Conditions of detention
15. The Committee is concerned about the dire conditions of detention in Kenyan prisons,
particularly the overcrowding, lack of appropriate health services and high levels of violence
inside the prisons, including inter-prisoner violence. The Committee notes the relevant work
undertaken by the Kenya National Commission on Human Rights in monitoring the
conditions of prisons. The Committee is nevertheless concerned that visiting judges play a
limited role in inspecting the conditions of detention. (art. 11)