A/HRC/4/33/Add.2 Page 67 lodges an official complaint before the court. KNCHR seeks to raise awareness amongst the judiciary by conducting training workshops and conferences. 330. Recommendation (l) stated: The system for appointment of the judiciary should be reviewed with a view to ensuring genuine independence of the judiciary. The Government is urged to consider inviting the Special Rapporteur on the independence of judges and lawyers to visit the country. 331. According to information received from NGOs and other sources, no major legal changes have been made regarding the system for appointment of the judiciary and the executive maintains considerable influence in the appointment process. The new Government has removed judges and magistrates it deemed to be corrupt or incompetent. The independence and effectiveness of the judicial system remains a matter of concern. 332. Recommendation (m) stated: A general opening up of the prison system is required, in a way that would welcome rather than deter access by civil society. In particular, impediments to access by lawyers, doctors and family members should be removed. Civil society should be brought in as partners to help humanize an under-resourced and overpopulated system. Once this happens, the international community should also be willing to lend assistance, for example, by helping provide education and vocational training. 333. According to information received from NGOs and other sources, in 2001 the Kenya Prison Service introduced an “open door policy”, declaring the prisons open for access to civil society, the media and the general public. These positive reforms with regard to penal facilities have yet to be undertaken also with respect to places of police detention, where civil society and other interested groups’ access remains restricted. 334. Recommendation (n) stated: The judiciary should be more diligent in visiting and inspecting prisons and more circumspect in its readiness to remand suspects or sentence offenders to deprivation of liberty. This applies particularly in respect of non-violent, firsttime, suspected offenders and juveniles. 335. According to information received from NGOs and other sources, there are two judicial visiting systems in force. However, both systems do not function effectively, as the judges have to wait for special events, like the outbreak of an epidemic or deaths of prisoners, before they can visit a prison. Moreover, many judges do not see this function as part of their core responsibilities. Constraints in time, financial resources and lack of training further weaken the judicial visiting systems. 336. Recommendation (o) stated: Corporal punishment as a criminal penalty should be abolished at once. The same applies, despite its obsolescence, to corporal punishment for prison disciplinary offences. 337. According to information received from NGOs and other sources, the Criminal Law Amendment Act, 2003 has abolished corporal punishment as a legal criminal penalty. Accordingly, prison authorities have also banned corporal punishment by issuance of official circulars. Laws referring to corporal punishment have been amended or are currently under review.

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