(g) The establishment of the Kenya National Commission on Human Rights in 2003; (h) The launch of the Governance, Justice, Law and Order Programme intended to reform the legal and justice sector; (i) Recent establishment of the civilian independent Police Oversight Board; (5) The Committee also welcomes the information provided by the delegation about the National Human Rights Policy and Plan of Action currently under development aimed at integrating human rights in the national planning process. (6) The Committee notes with satisfaction that relevant reports were submitted to the Committee by the Kenyan National Commission on Human Rights and that representatives from the Commission attended the meetings of the Committee and provided valuable information. (7) The Committee also welcomes the efforts made by the State party to cooperate with non-governmental organizations, particularly national and local organizations, which have provided the Committee with valuable contributions to the review process of the initial report. The Committee encourages the State party to strengthen its cooperation with such organizations with regard to the implementation of the provisions of the Convention. C. Subjects of concern and recommendations Definition of torture and appropriate penalties for acts of torture (8) The Committee takes note that the State party is a dualist state requiring domestication or incorporation of international instruments at the national level through an act of Parliament and it regrets that the State party has not yet incorporated the Convention into its legal framework. While acknowledging that torture is prohibited by section 74 (1) of the Kenyan Constitution, the Committee deeply regrets that the Penal Code and Code of Criminal Procedure do not contain a definition of torture and therefore lack appropriate penalties applicable to such acts, including psychological torture (arts. 1 and 4). The State party should ensure the incorporation of the Convention into its legal framework. Furthermore, the State party should, without delay, include a definition of torture in its penal legislation in full conformity with article 1 of the Convention and ensure that all acts of torture are punishable by appropriate penalties which take into account their grave nature as laid out in article 4, paragraph 2, of the Convention. The Committee urges the State party to seize the Kenya Law Reform Commission of this deficiency with a view to remedy it. Access to justice (9) While the Committee takes into account the efforts made by the State party aimed at consolidating and ensuring the integrity, efficiency and transparency of its justice system, the Committee is concerned that the steps taken so far have not been comprehensive enough (art. 2). The Committee invites the State party to adopt a more comprehensive approach to reform the justice system with a view to enhancing its integrity, efficiency and transparency. (10) While the Committee acknowledges the recent establishment of a national legal aid scheme and an awareness programme, it remains concerned about the persistent problem of access to justice, particularly by those without economic resources (art. 2). The Committee urges the State party to take all necessary measures to ensure that the lack of resources is not an obstacle to accessing justice. The State party should urgently implement the recently established national legal aid scheme, which could be accompanied by the setting up of an Office of Public Defender. 44