United Nations claims Kenya continues to issue death penalty to minor offenders

By RAWLINGS OTIENO

Nairobi, Kenya: Judges and Magistrates in Kenya have continued to hand judgements of the death penalty even in minor offences that require lesser sentences, the UN committee has said.

The verdict was arrived at after Kenya gave a Report to the Committee against Torture on the Review of Kenya’s Second Periodic Report on Implementation of the Provisions of the International Covenant against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment.

The report says that there is legal uncertainty following High Court judgements by the high number of death sentences passed.

While acknowledging that the death penalty has not been applied in the State party since 1987, the de facto moratorium on the death penalty and the President’s initiative to commute 4,000 death sentences in 2009.

“The Committee remains concerned by the legal uncertainty following the High Court judgements, by the high number of death sentences passed, including for minor offences, and by the conditions of the 1,600 persons still on death row,” says part of the report.

The Committee recommends that the State party reconsider the possibility of reviewing its policy, with a view of abolishing the death penalty and that the State party should ensure that all persons on death row are afforded the protection provided by the Convention and are treated humanely.

And to add another responsibility, the Committee in its report recommends that the State party should support the efforts of the Kenya National Commission on Human Rights (KNCHR) on conducting a survey and awareness raising measures regarding the public opinion on the death penalty.

The government was also put on spotlight on issues pertaining to the rights of arrested persons, detained and those in remand prisons awaiting their trial.

Attorney General Githu Muigai defended the accusation that police officers are still on torture spree and claimed that human rights education feature is a key of the curriculum of the police that incorporates training on the prohibition of torture and ill-treatment.

To this end, the AG disclosed that more than 25,000 police officers have undergone training.

Apart from the training of the police officers, the AG said that government had developed measures in line with abolishing torture and other inhumane acts that include: the development of draft legislation on the humane treatment of persons detained, held in custody or imprisoned and use of Community Service Orders to reduce overcrowding in prisons.

Others are: enactment of the Power of Mercy Act 2011; access to improved diet, health and humane social services and professional training for prisoners.

KNCHR is also mandated to visit prisons and other places of detention or related facilities to access and inspect the conditions under which inmates are held and make appropriate recommendations thereon.

“Kenya shall adapt domestic legislation in order to guarantee the right to access to a lawyer or a family member for persons arrested within a time frame compatible with international standards," said the AG during his submission before the International Committee in Geneva.

The AG promised that the country shall amend its legislation to bring the minimum age of criminal responsibility in line with international standards and ensure that an 'habeas corpus' petition is an accessible, effective and expeditious resource available to relatives or other persons close to persons arrested or detained.

While acknowledging that the criminal justice system plays a central role in securing the protection of rights guaranteed in the Convention, Githu painted a rosy picture that the Government had undertaken major reform measures within the entire system aimed at enhancing its effectiveness.

“Comprehensive police reforms have been undertaken in the period under review. The National Police Service, National “Police Service Commission and the Independent Police Oversight Authority have been established and are operational. We are convinced the institutions will enhance the efficiency, effectiveness, accountability and fairness of the Police service,” said the AG.

The National Police Service Act defines and makes it unlawful for any police officer to commit torture or any cruel, inhuman and degrading treatment or punishment.