iii.
setting up a Working Group to prepare the Prevention of Torture Bill to
implement the CAT and Constitutional provisions on the absolute
prohibition of torture; criminalization of torture and other cruel,
inhuman and degrading treatment and has heavy penalties for
contravention.
Extractive Industries and the Environment
26. The Commission commends Kenya for:
i.
ii.
iii.
iv.
v.
having legislations safeguarding and protecting exploitation of natural
resources and the environment which provide a legislative framework
to manage and regulate the energy sector, and provide strategic
oversight over all mining activities in the country;
its Mining Strategy 2030 which uses the Africa Mining Vision as model
framework to improve mining activities in the country;
the establishment of the Environment and Land Court to hear and
determine disputes relating to the environment and the use and
occupation of, and title to land, and to make provision for its jurisdiction,
functions and powers;
the social and environmental impact assessment which enables
participation of affected communities; and
availing public hearings to enable people give their views about issues
of compensation, as well as free and informed consent.
Border Security
27. The Commission commends Kenya for:
i.
increased border security control including inter-agency officials such as
Immigration Officials, Kenya Revenue Authority and the Security
Organs that have enhanced border security by ensuring that those
entering the country are vetted at the border; and
ii.
intelligence-led policing which has enabled better access to actionable
information on impending attacks especially along the borders at the
Coastal and Northern Kenya.
III.
Factors restricting the enjoyment of human rights guaranteed by the
African Charter
28. Acts of terrorism in Kenya has seriously impeded the promotion and protection of
human rights in the country.
29. The Security Laws (Amendment Act) of 2014 which inhibits the protection of human
rights in the country, in particular freedom of expression.
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