CAT/C/KEN/CO/2 cases of deportations effected without due process and of Somali asylum seekers being turned back at the border for reasons of national security (art. 3). The State party should amend its legislation and bills, including the Refugee Bill (2006), the Extradition (Contagious and Foreign Countries) Act (2010), the Extradition (Commonwealth Countries) Act (2010), the Kenya Citizenship and Immigrations Act (2011) and the Refugee Bill (2012) to ensure that its law conforms to its non-refoulement obligation under article 3 of the Convention. The State party should enact the amended Refugee Bill (2012) and adopt the Draft National Refugee Policy (2012) to ensure that all asylum applicants are afforded due process. The State Party should also ensure that, in practice, foreigners are not expelled, returned or extradited under any circumstances to countries where there are substantial grounds for believing that the person would be in danger of being subjected to torture in the country of destination. Witness protection 21. The Committee welcomes the enactment of the Witness Protection (Amendment) Act (2010) and the establishment of the Witness Protection Agency (2011). However, it is concerned that, in practice, witnesses and their families are reportedly still vulnerable to threats and reprisals by law enforcement personnel who seek to eliminate evidence that could be used against them under this Act. The Committee is concerned that the Agency’s budget overemphasizes administrative matters and allocates an insufficient amount of resources for the purpose of witness protection (arts. 2, 13 and 16). The State party should take immediate and effective measures to ensure that the provisions of the Witness Protection Act are upheld in practice in order to effectively protect witnesses and their families, all allegations of violations are promptly, effectively and impartially investigated, and alleged perpetrators are prosecuted and punished. The State party should allocate sufficient resources to the Witness Protection Agency to enable it to function effectively in practice. Complaints mechanisms 22. While the Committee acknowledges the steps taken by the State party to improve the quality and access to the “P3” form, it remains concerned by the impediments inhibiting its effective use by a victim of torture and ill-treatment, such as the high fees charged by medical professionals to complete the form and the insistence that the complaint form be first filled in at a police station (art. 13). Recalling its previous recommendation (CAT/C/KEN/CO/1, para. 24), the Committee urges the State party to take effective measures to ensure that all victims of torture and ill-treatment have effective access to complaint mechanisms and their cases are promptly, effectively and impartially investigated. In particular, the State party should: (a) Review the “P3” form to ensure compliance with the standards of the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) and make the form available free of charge at all public hospitals; (b) Ensure that the medical professionals filling in the “P3” form are adequately remunerated, including for giving testimony in court, to ensure that the right of a complainant is not tied to his economic situation; (c) Take measures, including training medical professionals, to integrate forensic medical services in the mainstream health framework; 7

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