CAT/C/KEN/CO/2
(a)
The Independent Police Oversight Authority (IPOA) has sufficient
financial and human resources to effectively carry out its mandate, including the
collection of independent data on complaints, investigations, prosecutions, convictions
and penalties against law enforcement officials for acts of torture and ill-treatment;
(b)
The National Police Service Commission is sufficiently funded and that it
prioritizes the use of a vetting system, whereby alleged offenders are suspended from
duty, pending investigation, and appropriately prosecuted;
(c)
The Coroner’s Service Bill (2011) is enacted and the independent
medical examiners service, proposed therein, promptly established.
Conditions of detention
12.
While acknowledging the steps taken by the State party to improve conditions in all
places of detention, including the enactment of the Power of Mercy Act (2011), allocation
of additional financial resources and measures taken to reduce overcrowding, the
Committee remains deeply concerned about detention conditions, in particular the
persistent levels of overcrowding, lack of appropriate health services, prevalence of prison
violence, including inter-prisoner violence and sexual abuse, and the practice of detaining
children under the age of 4 with their mothers (arts. 2, 11 and 16).
Recalling its previous recommendation (CAT/C/KEN/CO/1, para. 15), the Committee
urges the State party to strengthen its efforts to bring detention conditions into line
with the United Nations Standard Minimum Rules for the Treatment of Prisoners
and, in particular, to:
(a)
Take all appropriate measures to address the high level of violence in
prisons, including sexual violence, prevent sexual exploitation of detainees and punish
those found responsible of such acts;
(b)
Further reduce overcrowding in prisons by increasing the use of noncustodial measures and Community Service Orders, especially for minor offences;
(c)
Adopt the draft Correctional Policy with a view to effectively improving
conditions in all places of detention and ensuring that adequate health services are
made available.
In addition, the State party should reduce the practice of imprisoning children with
their mothers by increasing the use of non-custodial measures, and ensure that, if
detention is unavoidable, their detention conditions are in accordance with the United
Nations Rules for the Treatment of Women prisoners and Non-custodial Measures for
Women Offenders (the Bangkok Rules) (General Assembly resolution 65/229, annex).
13.
While welcoming the information provided by the delegation on the measures taken
to address the issue of HIV in prisons, the Committee remains concerned by the prevalence
of HIV in places of detention and by allegations of transmission of HIV among detainees
(art. 16).
The Committee urges the State party to adopt all necessary measures to protect
detainees from contracting HIV, including through awareness-raising campaigns and,
when appropriate, by making condoms available.
National human rights institution
14.
The Committee welcomes the re-establishment of the Kenya National Commission
on Human Rights (KNCHR) in 2011, following the enactment of the KNCHR Act (2011),
and its work in monitoring the conditions in prisons and detention centres, but remains
concerned by the lack of an unconditional commitment on the part of the State party to
4