CAT/C/KEN/CO/2
that the State party ensure that all relevant medical and law enforcement personnel
are trained on the Istanbul Protocol (2004) and take measures to ensure that the
standards contained therein are properly applied in practice.
Access to justice
25.
While the Committee takes note of the State party’s national legal aid scheme and
welcomes the information that the Legal Aid Bill (2012) will be “enacted within one year”,
it remains concerned about the persistent problem of access to justice, particularly by those
without economic resources (art. 2).
The State party should promptly table the Legal Aid Bill (2012) in Parliament,
together with the National Legal Aid policy, and ensure that it is operational
countrywide and provide it with adequate resources to function properly so as to
ensure that lack of resources is not an obstacle to accessing justice. Further, the State
party should continue its efforts to increase the number of lawyers throughout the
country.
Female genital mutilation
26.
While the Committee welcomes the enactment in 2011 of the Female Genital
Mutilation Act and the Ministry of Gender, Children and Social Development’s work on
raising awareness against female genital mutilation, it remains concerned by the prevalence
of the practice. The Committee is further concerned that the power to enter premises
without a warrant that is afforded to “chiefs and children’s officers” by the Act does not
have legal safeguards (arts. 2, 11 and 12).
The State Party should redouble its efforts to eradicate the practice of female genital
mutilation, including through awareness-raising campaigns and by prosecuting and
punishing perpetrators of such acts. The State party should ensure that all measures
to combat the practice comply with legal safeguards.
Reproductive health facilities
27.
The Committee welcomes the waiver on maternity fees in public hospitals, but
remains concerned about ill-treatment of women who seek access to reproductive health
services, in particular the ongoing practice of post-delivery detention of women unable to
pay their medical bills, including in private health facilities. The Committee is further
concerned by occurrences of forced and coerced sterilization of HIV positive women and
women with disabilities (arts. 2, 12 and 16).
The Committee urges the State party to strengthen its efforts to end the practice of
forcible detention of post-delivery mothers for non-payment of fees, including in
private health facilities.
The State party should strengthen its efforts to investigate allegations of involuntary
sterilizations or other harmful practices in connection with reproductive health, and
identify and punish those involved in such practices.
The State party should enact the Family Protection Bill to give effect to the right to
health as provided for in article 43 of the State party’s Constitution. The Commission
on the Administrative Justice (Ombudsman) should publish detailed reports on
complaints, follow-up and outcomes. The State party should ensure that the National
Gender and Equality Commission effectively monitors the conditions in reproductive
health facilities by issuing periodic status reports.
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