CAT/C/KEN/CO/1
page 6
for, inter alia, international human rights law, including the Convention. The
Committee calls upon the State party to investigate these allegations in order to
establish responsibilities and ensure compensation to victims.
Human rights training of law enforcement personnel
18. While acknowledging the existing training programmes on human rights for law enforcement
personnel, the Committee remains concerned that such trainings do not include the
prohibition of torture as specific crime of grave nature and do not reach all relevant personnel
who are in direct contact with detainees, including police officers, prison staff, judges and,
including the military and health personnel. (art. 10)
The State party should reinforce and expand the human rights training
programmes with the objective of bringing about a change in attitudes and
behaviour. Training should include the prohibition of torture as specific crime of
grave nature and should be made available to all law enforcement personnel
enumerated in article 10 of the Convention, at all levels, including to the military
and health personnel who are in direct contact with persons deprived of their
liberty.
Use of force by police during post-election violence
19. The Committee notes with serious concern the numerous reports and allegations of
disproportionate use of force and widespread torture and other cruel, inhuman and degrading
treatment or punishment by members of the police forces during the 2007-2008 post-election
violence, including sexual violence and gang rape. In this respect, the Committee welcomes
the establishment of the Commission of Enquiry into Post-Election Violence, takes note of
its recently published report, also known as the “Waki report”, and acknowledges its
important findings. (arts. 11 and 12)
While taking note of the recently established special task force by the police to
enquire on sexual-related crimes during the post-election violence, the Committee
urges the State party to take immediate action to ensure prompt, impartial and
effective investigation of all allegations of excessive use of force and torture by the
police during this period, including sexual violence and gang rape, with the aim of
prosecuting and punishing perpetrators with penalties appropriate to the grave
nature of their acts. The State party should ensure that the victims of post-election
violence obtain redress and adequate compensation.
Extra-judicial killings and enforced disappearances
20. The Committee is disturbed to learn about consistent allegations of ongoing extrajudicial
killings and enforced disappearances by law enforcement personnel, particularly during
special security operations, such as the “Chunga Mpaka” Operation in the Mandera district in
September 2008, and operations against criminal bands, such as the “Mathare Operation” in
June 2007. The Committee is further concerned about the lack of investigation and legal
sanctions in connection with such allegations , as well as about information regarding