with the broader society. The Independent Policing Oversight Authority Act, enacted in 2011 establishes the Independent Policing Oversight Authority whose objectives are to hold the police accountable to the public in the performance of their functions and ensure independent oversight of the handling of complaints by the service. Article 5: Right to dignity, prohibition of torture and slavery 40. Torture and slavery are prohibited and outlawed in Kenya. The right to be protected from torture, cruel, degrading and inhuman punishment or treatment, cannot at any time be limited under any circumstances. Article 25 of the Constitution of Kenya, 2010 states that despite any other provision in this Constitution, freedom from torture and cruel, inhuman or degrading treatment or punishment; and freedom from slavery or servitude shall not be limited. Article 28 of the Constitution of Kenya, 2010 provides that “every person has inherent dignity and the right to have that dignity respected and protected.” Article 29 adds that “every person has the right to freedom and security of the person, which includes the right not to be deprived of freedom arbitrarily or without just cause; subjected to any form of violence from either public or private sources; subjected to torture in any manner, whether physical or psychological; subjected to corporal punishment; or treated or punished in a cruel, inhuman or degrading manner. Article 30(1) states that “a person shall not be held in slavery or servitude” while Article 30(2) that “a person shall not be required to perform forced labour.” 41. The Government of Kenya is committed to the prevention of torture and other ill-treatment in the country and has taken various legislative, judicial and administrative steps to give effect to the provisions of the Charter and other relevant Conventions. In line with the Robben Island Guidelines Kenya has ratified or acceded to various international and regional instruments that prohibit torture. These include: a) The Protocol to the African Charter on Human and Peoples Rights establishing The African Court on Human and Peoples Rights b) United Nations Convention against Torture, and Other Cruel Inhuman and Degrading Punishment or Treatment. c) The International Convention on Economic, Social and Cultural Rights d) The International Convention on Civil and Political Rights e) The Rome Statute of the International Criminal Court 42. Further, the country promotes and supports the work of various international mechanisms on the prevention of torture. The Constitution of Kenya safeguards the freedom and security of the person and contains an absolute prohibition of torture and other, cruel, inhuman or degrading treatment. Several pieces of legislation have been enacted to criminalize torture and other ill treatment. a) The National Police Service Act, 2011, criminalizes torture and other cruel, inhuman and degrading treatment or punishment committed by the police, and proscribed heavy sanctions. . b) The Children’s Act 2001, offers protection to children against torture, cruel treatment or punishment, unlawful arrest or deprivation of liberty, c) The Prohibition of Female Genital Mutilation Act, 2011 provides new opportunities for the total elimination of female genital mutilation, 14

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