A/HRC/4/33/Add.2
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lodges an official complaint before the court. KNCHR seeks to raise awareness amongst the
judiciary by conducting training workshops and conferences.
330.
Recommendation (l) stated: The system for appointment of the judiciary should be
reviewed with a view to ensuring genuine independence of the judiciary. The Government
is urged to consider inviting the Special Rapporteur on the independence of judges and
lawyers to visit the country.
331.
According to information received from NGOs and other sources, no major legal
changes have been made regarding the system for appointment of the judiciary and the executive
maintains considerable influence in the appointment process. The new Government has removed
judges and magistrates it deemed to be corrupt or incompetent. The independence and
effectiveness of the judicial system remains a matter of concern.
332.
Recommendation (m) stated: A general opening up of the prison system is required,
in a way that would welcome rather than deter access by civil society. In particular,
impediments to access by lawyers, doctors and family members should be removed. Civil
society should be brought in as partners to help humanize an under-resourced and
overpopulated system. Once this happens, the international community should also be
willing to lend assistance, for example, by helping provide education and vocational
training.
333.
According to information received from NGOs and other sources, in 2001 the Kenya
Prison Service introduced an “open door policy”, declaring the prisons open for access to civil
society, the media and the general public. These positive reforms with regard to penal facilities
have yet to be undertaken also with respect to places of police detention, where civil society and
other interested groups’ access remains restricted.
334.
Recommendation (n) stated: The judiciary should be more diligent in visiting and
inspecting prisons and more circumspect in its readiness to remand suspects or sentence
offenders to deprivation of liberty. This applies particularly in respect of non-violent, firsttime, suspected offenders and juveniles.
335.
According to information received from NGOs and other sources, there are two judicial
visiting systems in force. However, both systems do not function effectively, as the judges have
to wait for special events, like the outbreak of an epidemic or deaths of prisoners, before they can
visit a prison. Moreover, many judges do not see this function as part of their core
responsibilities. Constraints in time, financial resources and lack of training further weaken the
judicial visiting systems.
336.
Recommendation (o) stated: Corporal punishment as a criminal penalty should be
abolished at once. The same applies, despite its obsolescence, to corporal punishment for
prison disciplinary offences.
337.
According to information received from NGOs and other sources, the Criminal Law
Amendment Act, 2003 has abolished corporal punishment as a legal criminal penalty.
Accordingly, prison authorities have also banned corporal punishment by issuance of official
circulars. Laws referring to corporal punishment have been amended or are currently under
review.
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