CAT/C/KEN/CO/1
page 8
The State party should take vigorous steps, including the setting up of a specific
legal framework, to eliminate impunity for perpetrators of acts of torture and
ill-treatment by ensuring that all allegations are investigated promptly, effectively
and impartially, that perpetrators are prosecuted and convicted in accordance with
the gravity of the acts, and that victims are adequately compensated, as required by
the Convention.
In this connection, the Committee welcomes the assurances provided by the
delegation that information will be submitted regarding the status of individual
cases of torture pending in court as well as torture related deaths without inquest
listed in the annexes of one of the alternative reports submitted by a coalition of
national non-governmental organizations.
Lack of accessible complaints mechanism
24. While acknowledging the recent establishment of a Public Complaints Standing Committee,
the Committee is very concerned about the impediments faced by individuals who may have
been subject to torture and ill-treatment to complain and have their cases promptly and
impartially examined by the competent authorities. In this connection, while taking note that
the complaint forms (including the “P3 form���) are now available free of charge on the
website of the Kenyan police department as well as in public hospitals, the Committee is
concerned that the practice of medical practitioners of charging fees for completing P3 forms
may reduce the possibility of persons with limited economic resources to file and corroborate
complaints. (arts. 12 and 13)
The Committee urges the State party to take the necessary measures to ensure that
all individuals who may have been subject to torture and ill-treatment have the
possibility to complain and their case promptly and impartially examined by the
competent authorities. The State party should ensure that all necessary steps to file
a complaint are facilitated, including access to medical assessment as required by
the “P3 form”.
Redress and compensation
25. The Committee is concerned at the problems and delays, acknowledged by the State party, in
providing compensation to victims of torture, including the victims of special police and
military operations. The Committee is also concerned at the lack of data and statistical
information on the number of cases of compensation to victims of torture or to members of
their families. (art. 14)
The State party should take all appropriate measures to ensure that a victim of an
act of torture obtains redress and has the right to an fair and adequate
compensation, including the means for as full rehabilitation as possible. The State
party should provide the Committee with statistical data on cases of compensation
provided to victims or to members of their families.
Violence against women and children