Police officers and individuals who engage in any form of torture and inhuman acts risk life imprisonment or 25 years in Jail.
According to the Anti-torture law assented to by President Uhuru Kenyatta yesterday, any order from a superior officer or a public authority may not be used as justification for torture.
The new anti torture is categorical that those individuals who attempt, aids, abets, counsels, procures or conspires with another person to commit an offense will be liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding fifteen years or both.
A person either accused of the offense of torture or cruel, inhuman treatment according to the new law will not be granted immunity.
However, the new law protects individuals from being held liable to disciplinary action or criminal prosecution for failing to obey an order from a superior officer or public authority to commit, aid or abet torture.
Reads the new law: “any person who tortures another person commits an offense and shall be liable, on conviction, to imprisonment for a term not exceeding twenty five years.”
Consequently the new law now provides an avenue to the Victims of torture as well as other inhumane acts an avenue to seek for compensation.
The victims alleging that an offense was committed will be able to either file complaints with the National Police Service; Kenya National Commission on Human Rights (KNCHR) or any other relevant institution
The law that gives effect to provisions of the Constitution of Kenya that guarantees freedom from torture, cruelty and punishment also provides for reparations to victims of torture and cruel, inhuman or degrading treatment.
The legislation law also empowers the KNCHR to investigate alleged violations as well as monitor compliance by the State with international treaty obligations relating to torture and inhuman treatment.
In addition, the commission will also get the role to advise Government, liaise with public entities and work with enforcement agencies in matters relating to torture.
Further the commission will also have powers to issue summons requiring the attendance of any person before the Commission or the production of any document or record required by the Commission;
Police officers are responsible for 61.4 per cent of torture cases in the country, a report released on Monday has stated.
The move by the police comes after a report released last year showed that Police officers were responsible for 61.4 per cent of torture cases in the country.
The National Torture Prevalence Survey released in October last year also showed that AP officers account for 20 per cent of the cases whereas local chiefs, county askaris took part in 13.5 per cent of the same while 4.7 per cent were found to have been perpetrated by prison warders.
The National Survey showed that that torture cases were prevalent in Nairobi, Western and Nyanza regions.
Meanwhile the President also signed into law other Bills including one to provide for the retirement age of judges as seventy years.
Also signed by President Kenyatta, was another Bill to reinstate vacation for judges and another one to deal with retirement benefits for the Chief Justice and Deputy Chief Justice. The law on retirement will address the issue of benefits for the immediate former CJ and DCJ.
The President also signed into law another Bill that gives the Head of State the powers to appoint a suitable officer to act in case the office of the Deputy Inspector General of Police is vacant.
The Refugees Act 2006, (No 13 of 2006), which places administration of refugees under the Refugees Secretariat. and the Persons with Disabilities Act 2003 (No 14 0f 2003), which streamlines membership of the Board, were also signed.
