Redress and compensation
(25) The Committee is concerned at the problems and delays, acknowledged by the State party, in providing
compensation to victims of torture, including the victims of special police and military operations. The Committee is
also concerned at the lack of data and statistical information on the number of cases of compensation to victims of
torture or to members of their families (art. 14).
The State party should take all appropriate measures to ensure that a victim of an act of torture
obtains redress and has the right to an fair and adequate compensation, including the means for as full
rehabilitation as possible. The State party should provide the Committee with statistical data on cases
of compensation provided to victims or to members of their families.
Violence against women and children
(26) While noting the enactment of the Sexual offences Act in 2006, the Committee notes with concern the
persistence of widespread violence against women and children in Kenyan society, including sexual exploitation and
trafficking, as well as the high levels of impunity for such crimes. The Committee is particularly concerned about
the difficulties that women face when accessing the justice system to denounce cases of sexual violence due inter
alia to the existing provisions in section 38 of the Sexual Offences Act. The Committee is further concerned about
the delays in enacting the relevant legislation intended to protect women, including Domestic Violence (Family
Protection) Bill, the Anti-trafficking in Persons Bill, the Equal opportunities Bill and the Matrimonial Property Bill.
The Committee notes with satisfaction the development of reference manual as the basis for training of law
enforcement personnel at different levels, which addresses violence against women, but it remains concerned that
not enough attention has been paid to the training of personnel who are in direct contact with victims (arts. 12
and 16).
The State party should, as a matter of urgency, take all necessary legal and administrative measures to
protect women and children from all forms of violence. In particular, the Committee encourages the
State party to facilitate the access to justice for women, including, inter alia, through the revision of
section 38 of the Sexual Offences Act. The State party should also ensure the speedy enactment of the
relevant legislation, including the Domestic Violence (Family Protection) Bill, the Anti-Trafficking in
Persons Bill, the Equal Opportunities Bill and the Matrimonial Property Bill.
The State party should provide the necessary specific training to all law enforcement personnel,
particularly to the personnel who are in direct contact with women victims of violence.
Female genital mutilation
(27) While acknowledging the fact that female genital mutilation is outlawed in the State party, the Committee
notes with concern that the practice still persists among certain ethnic groups (art. 16).
The State party should take all necessary steps to eradicate the practice of female genital mutilation,
including through the intensification of nationwide awareness raising campaigns, and to punish the
perpetrators of such acts.
Human rights defenders
(28) The Committee notes with concern allegations of reprisals, serious acts of intimidation and threats against
human rights defenders, especially those who report acts of torture and ill-treatment, and in particular human right
defenders involved in addressing the post-election violence (art. 16).
The State party should take effective steps to ensure that all persons reporting on acts of torture and
ill-treatment are protected from intimidation and from any form of reprisal as a result of their
activities. The Committee encourages the State party to seek closer cooperation with civil society in
preventing torture, in particular in the ongoing process of investigating and holding persons
accountable for the post-election violence.
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