CAT/C/KEN/CO/2
provide adequate funding to the Commission to enable it to carry out its mandate. It further
regrets the lack of information on the dissemination of reports on the Commission’s visits
to places of deprivation of liberty (art. 2).
The State party should unconditionally commit to providing the Commission with
sufficient financial resources necessary to enable it to carry out its mandate in
accordance with the Principles relating to the status of national institutions (the Paris
Principles) (General Assembly resolution 48/134, annex). In addition, the reports
produced by the KNCHR on its visits to places of detention should be made public.
Pretrial detention
15.
While welcoming the information provided by the State party on the measures to
reduce the length of pretrial detention, the Committee remains concerned by the high
number of detainees awaiting trial, and the long period of pretrial detention – up to four
years. The Committee acknowledges the improvements to the bail system, but is concerned
that the bail conditions are still too prohibitive to be effective in practice (arts. 2, 11 and
16).
The State party should take all necessary measures to reduce overcrowding in places
of detention, in particular by:
(a)
Strengthening its efforts to reduce the backlog of cases, including by
increasing judicial capacity and reviewing the current criminal justice policy;
(b)
Enacting the Bail Information and Supervision Bill (2011);
(c)
Affording non-custodial sentencing measures and sensitizing the relevant
judicial personnel to the use of such measures, in accordance with the United Nations
Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules) (General
Assembly resolution 45/110, annex).
Arbitrary arrests and police corruption
16.
The Committee is concerned by persistent allegations of the widespread practice of
arbitrary detention by the police, frequently connected to extortion of those detained and
particularly targeting economically disadvantaged neighbourhoods (arts. 2, 11 and 16).
With reference to the recommendations made in paragraph 11 of the present
concluding observations, the State party should also take all necessary measures to
determine cases where vulnerable persons are prone to arbitrary arrest, prevent such
acts and put in place systems to ensure that police corruption is promptly, effectively
and impartially investigated. Perpetrators should be suspended from duties while
under investigation and brought to justice.
Lynchings
17.
The Committee is concerned by reports on cases of lynchings, in particular of
elderly women accused of witchcraft, and by the allegations that these acts have not been
effectively investigated, prosecuted and punished, even in cases where there is video
evidence of the lynching (arts. 2 and 12).
The Committee urges the State party to amend the Witchcraft Act (1925) to bring it
into conformity with the Constitution and international human rights standards in
order to eliminate the practice of lynching. The State party should investigate,
prosecute and appropriately punish the perpetrators of such acts, in order to ensure
the security and safety of all persons.
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