CAT/C/KEN/CO/1
page 9
26. While noting the enactment of the Sexual offences Act in 2006, the Committee notes with
concern the persistence of widespread violence against women and children in Kenyan
society, including sexual exploitation and trafficking, as well as the high levels of impunity
for such crimes. The Committee is particularly concerned about the difficulties that women
face when accessing the justice system to denounce cases of sexual violence due inter alia to
the existing provisions in section 38 of the Sexual Offences Act. The Committee is further
concerned about the delays in enacting the relevant legislation intended to protect women,
including Domestic Violence (Family Protection) Bill, the Anti-trafficking in Persons Bill,
the Equal opportunities Bill and the Matrimonial Property Bill.
The committee notes with satisfaction the development of reference manual as the basis for
training of law enforcement personnel at different levels, which addresses violence against
women, but it remains concerned that not enough attention has been paid to the training of
personnel who are in direct contact with victims. (arts. 12 and 16)
The State party should, as a matter of urgency, take all necessary legal and
administrative measures to protect women and children from all forms of violence.
In particular, the Committee encourages the State party to facilitate the access to
justice for women, including, inter alia, through the revision of section 38 of the
Sexual Offences Act. The State party should also ensure the speedy enactment of the
relevant legislation, including the Domestic Violence (Family Protection) Bill, the
Anti-Trafficking in Persons Bill, the Equal Opportunities Bill and the Matrimonial
Property Bill.
The State party should provide the necessary specific training to all law
enforcement personnel, particularly to the personnel who are in direct contact with
women victims of violence.
Female genital mutilation
27. While acknowledging the fact that female genital mutilation is outlawed in the State party,
the Committee notes with concern that the practice still persists among certain ethnic groups.
(art. 16)
The State party should take all necessary steps to eradicate the practice of female
genital mutilation, including through the intensification of nationwide awareness
raising campaigns, and to punish the perpetrators of such acts.
Human rights defenders
28. The Committee notes with concern allegations of reprisals, serious acts of intimidation and
threats against human rights defenders, especially those who report acts of torture and illtreatment, and in particular human right defenders involved in addressing the post-election
violence. (art. 16)
The State party should take effective steps to ensure that all persons reporting on
acts of torture and ill-treatment are protected from intimidation and from any form
of reprisal as a result of their activities. The Committee encourages the State party