d) The Independent Police Oversight Authority is an independent complaint mechanism empowered to
receive, investigate and take appropriate action on allegations of torture and other ill-treatment, and
e) The Counter Trafficking in Persons Act, 2010, No. 8 of 2010 also prohibits torture and slavery, The
Prevention of Torture Bill 2011 provides a comprehensive legislative framework for the prevention,
prohibition and punishment of acts of torture and other cruel, inhumane or degrading treatment or
punishment and rehabilitation of victims of torture.
Similarly, the following laws have been prepared to protect the rights of persons to dignified treatment
and freedom from torture and slavery in line with the Constitution of Kenya and other international
standards:
a) The Persons Deprived of Liberty Bill 2014, which has been tabled in Parliament gives effect to
constitutional safeguards on the rights of persons detained, held in custody or imprisoned. The United
Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules) have informed the
preparation of the Bill.
b) The Prevention of Torture Bill 2014 provides a legislative framework for the prevention, prohibition and
punishment of acts of torture and other cruel, inhumane or degrading treatment or punishment and
rehabilitation of victims of torture.
c) The Victim Protection Act 2014 is a critical framework for the reparation and compensation of victims of
crime and abuse of power.
43. The independence and impartiality of the Courts in Kenya to adjudicate on matter involving torture
and other ill treatment has been strengthened due to radical judicial reforms undertaken in the last few
years.
44. The Constitution of Kenya, 2010 explicitly provides that the Kenya Police shall “comply with
constitutional standards of human rights and fundamental freedoms” and that police staff shall be
trained “to respect human rights and fundamental freedoms and dignity”. In October 2012, the
Government created the Police Reform Implementation Committee to spearhead the transformation in
the police service. Police Officers now receive training that inculcates respect for human rights in law
enforcement activities.
Article 6: Right to liberty and security of person
45. The Constitution of Kenya, 2010 contains specific provisions that promote the right to liberty and
security of person. Article 29 states 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;
detained without trial, except during a state of emergency, in which case the detention is subject to
Article 58; 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.
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