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. 9

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