CAT/C/KEN/CO/1
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to seek closer cooperation with civil society in preventing torture, in particular in
the ongoing process of investigating and holding persons accountable for the postelection violence.
Death penalty
29. While acknowledging that the death penalty has not been applied in the State party since
1987 as well as taking note of the practice of the President of the Republic to commute death
sentences, as well as the existence of a de facto moratorium of the death penalty, the
Committee remains concerned, however, about the situation of uncertainty of those who
serve on death row, which could amount to ill-treatment. (art. 16)
The Committee urges the State party to take the necessary steps to establish an
official and publicly known moratorium of the death penalty with a view of
eventually abolishing the practice. The State party should take the necessary
measures to improve the conditions of detention for persons serving on death row in
order to guarantee basic needs and rights.
Data collection
30. The Committee regrets the lack of data and statistical information, especially on cases of
torture, the type and number of complaints, prosecution and conviction of perpetrators as
well as on compensation and rehabilitation of victims.
The Committee welcomes the additional information provided by the delegation
after the consideration but it nevertheless requests the State party to provide in its
next periodic report further information, including disaggregated data on the
number of people held in custody, including remandees and prisoners, and length of
sentences.
The State party should also provide detailed statistical data, disaggregated by crime,
ethnicity and gender, on complaints relating to torture and ill-treatment allegedly
committed by law enforcement officials, as well as on the related investigations,
prosecutions and criminal and disciplinary sanctions.
31. The Committee encourages the State party to consider making the declaration under article
22 of the Convention, thereby recognizing the competence of the Committee to receive and
consider individual communications.
32. The Committee encourages the State party to ratify the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as soon as
possible.
33. The Committee invites the State party to ratify the core United Nations human rights treaties
to which it is not yet a party, namely the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families and the International
Convention for the Protection of All Persons from Enforced Disappearance.