APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA 141. There has been an increased focus on victim-centered justice beyond the narrow parameters of criminal justice. The Victim Protection Act 17 of 2014 operationalizes Article 50 (9) of the Constitution addresses barriers to justice often faced by vulnerable people and the law focuses on overcoming them through material and psychosocial support and due process rights to victims. 142. Transitional justice for victims of the post-election violence has been faced with procedural challenges. Following the recommendations of the Truth, Justice and Reconciliation Commission, Government undertook to recompense victims of election related violence reaching as far back as 1963; Ksh10 billion (US$9.5 million) was earmarked for this. However out of the 6000 cases that had been lodged on post-election violence, by 2012 only 445 cases had been prosecuted to completion with only 26 convictions; government cautioned that most cases would not be prosecuted for want of evidence.5 143. Right to life: The right to life is guaranteed in the Constitution. However, unlawful deaths at the hands of non-state actors or state security agents have registered significantly on the national scene. The police in Kenya have been victims of criminality and terrorism in which officers too have suffered fatalities. 144. Extra judicial killings, torture and enforced disappearances in Kenya have been associated for a while with police impunity, neglect and abuse of office. 6The Truth, Justice and Reconciliation Commission documented allegations of massacres, unlawful killings, enforced disappearances, torture and ill-treatment perpetrated mainly by the Police and Military forces particularly in the post-election violence, tribal clashes and military operations. The Kenya National Human Rights Commission reported that 264 complaints received and investigated between 2010 and 2014 related to deaths occasioned by disappearance of persons, extra- judicial killings, police shootings and murder; 10 of these complaints alleged involvement of the Anti-terrorist police unit.7 The Government committed to investigate and punish occurrences, provide remedies to victims and build the capacity of the security forces but the accountability mechanisms have not effectively addressed these issues. 145. Functional reviews by the Police Task Force indicated high levels of distrust and low confidence in the police force arising from corruption, excessive use of force and harshness to the public and ineffectiveness.8 On the other hand, police morale has been low due to low material and financial resources required to function optimally. The National Taskforce on Police Reforms in 2009 made over 200 recommendations on areas for reform, some of which significantly featured in the Constitution of 2010 and many others which are still ongoing. The police is emphasising a paradigmatic shift from its image as a police force to a police service and has been in the process of vetting police officers recruitment to ensure the right calibre of officers are employed. However the August 2015 timelines for completion of vetting have been exceeded and the police are facing challenges with verifying the character of the police officers without public participation in providing much needed information. Kenya Government ‘Universal Periodic Review of the United Nations Human Rights Council: National Mid Term Report’ September 2012 6 Kenya National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1* A/HRC/WG.6/8/KEN/1 7 Kenya National Human Rights Commission ‘A country under siege: The state of security in Kenya- an occasional report (2010 – 2014)’ 2014 8 Report of the Kenya National Taskforce on Police Reforms, 2009 5 | 96 |