Situation during the visit
(E/CN.4/2000/9/Add.4)
Measures adopted in previous years
E/CN.4/2002/76/Add.1; A/HRC/4/33/Add.2;
A/HRC/7/3/Add.2
Information received during the
reporting period
a) Ensure that all
allegations of torture and
similar ill-treatment are
promptly, independently
and thoroughly
investigated by a body
capable of prosecuting
perpetrators;
A major obstacle to the
documentation and
investigation of torture
allegations was the absence
of an independent body in
charge of investigating
alleged cases of torture by
law enforcement officials.
The mechanisms existing to
investigate police abuse
operated within the police
hierarchy and were carried
out by the Criminal
Investigation Department
(CID) under the
responsibility of the
officer-in-charge of a
police station, who would
decide on the continuation
of investigations.
In 2008, the establishment of a Civilian Police
Oversight Body was planned to ensure impartial
and independent investigations against the police,
including allegations of torture.
Non-governmental sources: There are no
specialized procedures for lodging torture
complaints and no authority conferred
with the obligation to promptly and
impartially investigate torture allegations.
Further, no law providing access to
immediate medical examination exists.
Torture accusations against police officers
are usually investigated by fellow officers.
The Kenya National Commission on
Human Rights (KNCHR), obliged to carry
out investigations, is not considered the
competent and impartial authority
contemplated by Article 12 CAT.
The officer-incharge of a police station
was to check the
occurrence book and cells
register on a daily basis as
well as to routinely visit all
Inspections of police stations by senior police
officers took place at irregular intervals and
mainly for administrative reasons.
b) The police, at a level
at least as senior as
Assistant-Commissioner,
should systematically
make thorough,
unannounced visits to
Regarding the incidents at the “Nyayo
Torture Chambers”, perpetrators of
torture are not adequately prosecuted and
victims not provided redress.
Regarding the military operation against
the SLDF in the Mount Elgon District, that
reportedly involved torture and illtreatment, the Government has refused to
independently investigate the allegations
against members of state forces or to task
the Attorney General to commence
proceedings. So far there was only an
internal police investigation that was
neither prompt nor impartial.
A/HRC/13/39/Add.6
97
Recommendations
(E/CN.4/2000/9/Add.4)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents