CAT/C/KEN/CO/2
(d)
Take effective measures to ensure that victims alleging abuse in places of
detention can complain to an independent and impartial institution.
Adequate compensation
23.
While acknowledging the information on modalities of compensation, civil court
decisions awarding compensation to victims of torture and ill-treatment or their families
and the Victims of Offences Bill, the Committee regrets the continued absence of a
comprehensive legislative framework providing for effective redress for victims of torture
and ill-treatment and that health care for victims of torture is not covered by the National
Hospital Insurance Fund. The Committee is also concerned that victims are directed to
lengthy and costly civil procedures to realize their rights. It remains particularly concerned
that most victims of the 2007 and 2008 post-election violence and the “special security
operations” are still awaiting redress and compensation (art. 14).
The Committee draws the attention of the State party to its recently adopted general
comment No. 3 (2012) on the implementation of article 14 of the Convention, which
explains the content and scope of State parties’ obligation to provide full redress to
victims of torture. In particular, it defines victims of torture or ill-treatment as
persons who have individually or collectively suffered harm, including physical or
mental injury, emotional suffering, economic loss or substantial impairment of their
fundamental rights, through acts or omissions that constitute violations of the
Convention, and states that such persons should be considered victims, regardless of
whether the perpetrator of the violation is identified, apprehended, prosecuted or
convicted (para. 3).
The Committee urges the State party to:
(a)
Repeal, as a matter of urgency, the one-year limitation for tort claims
against government officials;
(b)
Strengthen its efforts to reduce delays in civil compensation cases;
(c)
Enact the Victims of Offences Bill with a view to establishing a
comprehensive legislative framework to give effect to the right to redress, including
compensation and medical rehabilitation;
(d)
Consult with relevant stakeholders to properly and effectively regulate
the National Fund for Victims of Torture as soon as possible;
(e)
Ensure that the right to rehabilitation is included in the Prevention of
Torture Bill (2011), that adequate resources are allocated for effective rehabilitation
treatment and programmes, including medical and psychological programmes as well
as those provided by non-State services. Rehabilitation services should be duly
covered under the National Hospital Insurance Fund.
Training
24.
While the Committee notes with appreciation the 50 per cent increase in the budget
allocation for the police training programme and the progress made in training over 25,000
police officers, it remains concerned by the limited scope of the programme and the lack of
an effective evaluation mechanism of the training programme as well as the absence of
training for military and relevant medical personnel (art. 10).
The Committee recommends that the State party redouble its efforts to train the
police on human rights, especially the provisions of the Convention, and extend the
training programme to all law enforcement and military personnel and carry out an
effective evaluation of the impact of the training programme. It further recommends
8