CAT/C/KEN/CO/1
page 7
impediments that non-governmental organizations face in their attempts to document cases
of disappearance and death. (arts. 2, 11 and 12)
The Committee urges the State party to conduct immediate, prompt and impartial
investigations into these serious allegations, and to ensure that perpetrators are
prosecuted and punished with penalties appropriate to the grave nature of their acts
as required by the Convention. The State party should take all possible steps to
prevent acts such as the alleged extrajudicial killings and enforced disappearances.
Violence by State agents and access to land
21. While taking note of the inclusion of the issue of land reform in item 4 of the Kenya National
Dialogue and Reconciliation Agenda, the Committee is concerned about the persistent
linkage between widespread violence and torture by State agents and the problem of land in
the State party. The lack of access to land, paired with other social and economic injustices,
are frequently considered as root causes of torture and violence. In this connection, the
Committee is deeply concerned about allegations of mass arrests, persecution, torture and
unlawful killings by the military in the Mount Elgon region during the “Operation Okoa
Maisha” conducted in March 2008. (arts. 12 and 16)
The Committee urges the State party to take immediate action to ensure prompt,
impartial and effective investigations into the allegations of use of excessive force
and torture by the military during the “Operation Okoa Maisha” in March 2008.
The Sate party should further ensure that perpetrators are prosecuted and
punished according to the grave nature of their acts, that the victims who lost their
lives are properly identified and that their families, as well as the other victims, are
adequately compensated.
22. The Committee is further concerned about reports of the use of excessive force, sometimes
resulting in violent deaths, by the police during evictions, particularly in urban areas, which
often result in the destruction of homes and other personal belongings. (arts. 12, 13 and 16)
The State party should adopt effective measures to prevent the use of excessive force
during evictions. Furthermore, the State party should provide specific training on
such actions as evictions for police officers, and ensure that complaints concerning
forced evictions are thoroughly investigated and that those found responsible are
brought to trial.
Impunity
23. The Committee is concerned about the absence of a specific legal framework to ensure
prompt and impartial investigations into acts of torture and other cruel, inhuman and
degrading treatment or punishment committed by law enforcement personnel. The
Committee is further concerned that acts of torture and ill-treatment are seldom investigated
and prosecuted and that perpetrators are either rarely convicted or are sentenced to lenient
penalties not in accordance with the grave nature of their crimes. In this connection, the
Committee expresses its concern over the culture of impunity for perpetrators of acts of
torture and ill-treatment throughout the country. (arts. 2, 4 and 12)