CAT/C/KEN/CO/1
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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.
Age of criminal responsibility
11. The Committee is deeply concerned that the age of criminal responsibility in the State party
is still set at 8 years of age despite the recommendations made by the Human Rights
Committee in 2005 (CCPR/CO/83/KEN) and by the Committee on the Rights of the Child in
2007 (CRC/C/KEN/2). (art. 2)
The State party should, as a matter of urgency, raise the minimum age of criminal
responsibility in order to bring it in line with the generally accepted international
standards.
Arbitrary arrest and police corruption
12. The Committee is deeply concerned about the common practice of unlawful and arbitrary
arrest by the police and the widespread corruption among police officers, which particularly
affects the poor living in urban neighbourhoods. The Committee is also concerned about the
bail system currently in place. (arts. 2 and 11)
The Committee urges the State party to address the problem of arbitrary police
actions, including unlawful and arbitrary arrest and widespread police corruption,
particularly in slums and poor urban neighbourhoods, through clear messages of
zero-tolerance to corruption from superiors, the imposition of appropriate penalties
and adequate training. Arbitrary police actions must be promptly and impartially
investigated and those found responsible punished. The State party should also