Kenya Act or statute

Parliament of Kenya

Prevention of Torture Act

Jurisdiction: Kenya
Structure: 31 provisions
Citation: Cap. 88
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the Prevention of Torture Act.”

This Act may be cited as the Prevention of Torture Act. Section 2 provides definitions for terms used in the Act, including "Board", "Cabinet Secretary", "Commission", "cruel, inhuman and degrading treatment or punishment", "intermediary", "public officer", "torture", "victim", and "victim impact statement". Applies when the alleged offender is a citizen of Kenya. No immunity or amnesty may be granted to a person accused of torture or cruel, inhuman or degrading treatment or punishment. When sentencing for an offence under this Act, the court must take into consideration the severity of the act and specific factors including duration, lasting physical and mental effects, and the victim's sex, religion, age and state of health.

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PRELIMINARY - 1. Short title.

This Act may be cited as the Prevention of Torture Act.

Section 1

CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - 7. Offence of cruel, inhuman or degrading treatment or punishment.

It is an offence to commit or to induce another person to commit cruel, inhuman or degrading treatment or punishment.

Section 7

REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 16. Vulnerable witness.

Defines who is a vulnerable witness, permits courts to summon intermediaries and order protective measures, requires appointment of an intermediary once a witness is declared vulnerable (unless justice requires otherwise), prohibits publishing or revealing a…

Section 16

MISCELLANEOUS PROVISIONS - 24. General penalty.

A person who commits an offence under this Act for which no penalty is prescribed is liable on conviction to a fine up to one million shillings, or imprisonment up to five years, or both.

Section 24

MISCELLANEOUS PROVISIONS - 31. Conflict of laws.

If this Act conflicts with any other law concerning the crimes of torture or cruel, inhuman or degrading treatment or punishment, the provisions of this Act prevail.

Section 31

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Showing 31 of 31 provisions

Provision 15Offence 14Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short title.Short title

This Act may be cited as the Prevention of Torture Act.

Section 1. Short title. Section This Act may be cited as the Prevention of Torture Act.

Section 1Verify source

§ 2PRELIMINARY - 2. Interpretation.Interpretation

Section 2 provides definitions for terms used in the Act, including "Board", "Cabinet Secretary", "Commission", "cruel, inhuman and degrading treatment or punishment", "intermediary", "public officer", "torture", "victim", and "victim impact statement".

Section 2. Interpretation. Section In this Act, unless the context otherwise requires— "Board" means the Board of Trustees appointed under section 30 of the Victim Protection Act (Cap. 79A); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to justice; "Commission" means the Kenya National Commission on Human Rights established under section 3 of the Kenya National Commission on Human Rights Act (Cap. 7I); "cruel, inhuman and degrading treatment or punishment" includes a deliberate and aggravated treatment or punishment not amounting to torture, inflicted by a public officer or a person acting on behalf of a public officer against a person under their custody, causing suffering, gross humiliation or degradation to the person; "intermediary" means a person authorized by a court, on account of their expertise or experience, to give evidence on behalf of a vulnerable witness and may include a parent, relative, psychologist, counsellor, guardian, children's officer or social worker; "public officer" means a public officer as defined under Article 260 of the Constitution; "torture" has the meaning assigned to it in section 4 ; "victim" means a person subjected to torture or cruel, inhuman or degrading treatment or punishment or any other person who has suffered harm as a result of an act of torture or cruel, inhuman and degrading treatment or punishment; and "victim impact statement" means a statement by the victim or where incapacitated, the victim's representative, on the psychological, emotional, physical, economic or social impact of the offence committed against the victim and includes any recording, summary, transcript or copy thereof.

Section 2Verify source

§ 3PRELIMINARY - 3. Application of the Act.Provision

Applies when the alleged offender is a citizen of Kenya.

Section 3. Application of the Act. Section the alleged offender is a citizen of Kenya;

Section 3Verify source

Part II

CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

§ 10CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - 10. No immunity or amnesty.Offence

No immunity or amnesty may be granted to a person accused of torture or cruel, inhuman or degrading treatment or punishment.

Section 10. No immunity or amnesty. Section There shall be no immunity or amnesty granted to a person accused of the offence of torture or cruel, inhuman or degrading treatment or punishment.

Section 10Verify source

§ 11CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - 11. Sentencing.Offence

When sentencing for an offence under this Act, the court must take into consideration the severity of the act and specific factors including duration, lasting physical and mental effects, and the victim's sex, religion, age and state of health.

Section 11. Sentencing. Section 11(1) In sentencing a person convicted for an offence under this Act, the court shall take into consideration the severity of the act of torture or cruel, inhuman or degrading treatment or punishment. Section 11(2)(a) the duration of the treatment or punishment; Section 11(2)(b) the duration of the physical and mental effects of the treatment or punishment; and Section 11(2)(c) the victim's sex, religion, age and state of health.

Section 11Verify source

§ 4CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - 4. Torture.Provision

Torture described as obtaining information or a confession from a person.

Section 4. Torture. Section obtaining information or a confession from him or her or any other person;

Section 4Verify source

§ 5CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - 5. Offence of torture.Offence

Any person who tortures another person commits an offence punishable by up to twenty-five years' imprisonment; if the victim dies, the offence is punishable by life imprisonment.

Section 5. Offence of torture. Section 5(1) Any person who tortures another person commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding twenty-five years. Section 5(2) If as a result of torture referred to under subsection (1) the victim dies, the person is liable, on conviction, to imprisonment for life.

Section 5Verify source

§ 6CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - 6. No justification for torture.Offence

No justification exists for torture; refusing to obey an order to commit torture does not make a person liable to disciplinary action or prosecution.

Section 6. No justification for torture. Section 6(1)(a) a state of war or a threat of war; Section 6(1)(b) internal political instability; or Section 6(1)(c) a public emergency, Section 6(2) An order from a superior officer or a public authority may not be invoked as justification for torture or cruel, inhuman or degrading treatment or punishment. Section 6(3) A person shall not be held liable to disciplinary action or criminal prosecution only on account of refusing to obey an order from a superior officer or public authority to commit, aid or abet in the torture or cruel, inhuman or degrading treatment or punishment or an offence under this Act.

Section 6Verify source

§ 7CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - 7. Offence of cruel, inhuman or degrading treatment or punishment.Offence

It is an offence to commit or to induce another person to commit cruel, inhuman or degrading treatment or punishment.

Section 7. Offence of cruel, inhuman or degrading treatment or punishment. Section commits or induces another person to commit cruel, inhuman or degrading treatment or punishment; or

Section 7Verify source

§ 8CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - 8. Aiding and Abetting.Offence

A person who attempts, aids, abets, counsels, procures or conspires to commit an offence under this Act commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for up to fifteen years, or both.

Section 8. Aiding and Abetting. Section A person who attempts, aids, abets, counsels, procures or conspires with another person to commit an offence under this Act commits an offence and shall be liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding fifteen years or both.

Section 8Verify source

§ 9CRIMES OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - 9. Offence of using information obtained through torture.Offence

Using information obtained through torture is an offence and may lead to a fine up to five hundred thousand shillings or imprisonment up to seven years.

Section 9. Offence of using information obtained through torture. Section 9(1) Any information, confession or admission obtained from a person by means of torture or cruel, inhuman or degrading treatment or punishment is inadmissible evidence in any proceedings. Section 9(2) A person who knowingly uses information which is obtained through torture or cruel, inhuman or degrading treatment or punishment commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding seven years or to both. Section 9(3) Despite subsections (1) and (2), any information, confession or admission obtained by means of torture or cruel, inhuman or degrading treatment may be admitted against a person accused of torture or cruel, inhuman or degrading treatment as evidence that the information, confession or admission was obtained by torture or cruel, inhuman or degrading treatment.

Section 9Verify source

Part III

POWERS AND FUNCTIONS OF THE COMMISSION

§ 12POWERS AND FUNCTIONS OF THE COMMISSION - 12. Powers and functions of the Commission.Provision

Section 12 lists the Commission's functions (investigate, promote, monitor, call for information, issue summons, recommend prevention measures, create public awareness, receive and assess reports, advise Government, work with enforcement agencies, liaise with public entities, perform other functions) and provides that the Commission has all powers necessary to perform its functions and must be guided by national values and principles.

Section 12. Powers and functions of the Commission. Section 12(1)(a) investigate alleged violations of the provisions of this Act upon receipt of a complaint or on its own initiative; Section 12(1)(b) promote the right to freedom from torture and cruel, inhuman and degrading treatment and punishment pursuant to the provisions of the Constitution and this Act; Section 12(1)(c) call for information from a public entity or private body to facilitate monitoring of compliance with the provisions of this Act; Section 12(1)(d) monitor the compliance by the State with international treaty obligations relating to torture and cruel, inhuman and degrading treatment and punishment. Section 12(1)(e) issue summons or other orders requiring the attendance of any person before the Commission or the production of any document or record required by the Commission; Section 12(1)(f) recommend effective measures for prevention of torture and cruel, inhuman and degrading treatment and punishment; Section 12(1)(g) create awareness among the public on their right to freedom from torture and cruel, inhuman and degrading treatment or punishment, by means of continuing civic awareness programs, symposia, publications and other means as may be determined by the Commission; Section 12(1)(h) receive reports from public entities with respect to the implementation of this Act, assess and act on the reports with a view to assessing the violation of the right to freedom from torture and cruel, inhuman and degrading treatment and punishment; Section 12(1)(i) advise the Government on matters relating to the prevention of torture and cruel, inhuman and degrading treatment and punishment by public and private agencies; Section 12(1)(j) work with enforcement agencies towards the promotion of compliance with international best practices on prevention of torture and cruel, inhuman and degrading treatment and punishment; Section 12(1)(k) liaise with public entities on the implementation of the right to freedom from torture and cruel, inhuman and degrading treatment or punishment by public and private agencies; and Section 12(1)(l) perform other functions as may be determined by the Cabinet Secretary in consultation with the National Assembly. Section 12(2) The Commission shall have all powers necessary for the performance of its functions under this Act. Section 12(3) In the performance of its functions under this Act, the Commission shall be guided by the national values and principles of governance as set out in Article 10 of the Constitution.

Section 12Verify source

Part IV

REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS

§ 13REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 13. Procedure for reporting and registration of offences under this Act.Offence

Section 13 sets procedures for reporting and registering offences: specified actors may report; police officers must receive complaints and forward them without delay; the Officer-in-charge must send complaints to the Directorate of Criminal Investigation for prompt investigation; the person receiving a complaint must register it in writing for allegations of torture; courts must record complaints, order investigations immediately and require reports within seven days, including medical and psychological assessments.

Section 13. Procedure for reporting and registration of offences under this Act. Section 13(1)(a) the National Police Service; Section 13(1)(b) the Commission; or Section 13(1)(c) any other relevant institution. Section 13(2)(a) reduce the complaint into writing; and Section 13(2)(b) forward the matter to the police or other investigating authorities for investigation. Section 13(3) A police officer shall receive a complaint of an offence under this Act and forward it, without delay, to the Officer-in-charge of the police station in whose jurisdiction the offence has taken place for initiating investigations. Section 13(4) Upon receipt of the complaint referred to in subsection (3), the Officer-in-charge of the police station shall immediately forward the complaint to the Directorate of Criminal Investigation which shall investigate the offence without delay. Section 13(5) Despite anything in the Criminal Procedure Code (Cap. 75) as to reporting and investigation of crimes, whenever a complaint of torture or other cruel, inhuman or degrading treatment or punishment is received, the person receiving the complaint shall register it in writing. Section 13(6) Where an allegation of torture is made in respect of a police officer, the procedures for investigation provided for under section 87 of the National Police Service Act (Cap. 84) and sections 25, 26, 27, 28 and 29 of the Independent Policing Oversight Authority Act (Cap. 86) shall apply. Section 13(7) Where a complaint regarding an offence under this Act is reported to a court or raised in the process of a trial, the court shall record the complaint and order investigation immediately and order submission of an investigation report within seven days of the court's order. Section 13(8) An order for investigation by the court shall include medical and psychological assessment of harm suffered by the alleged victim. Section 13(9)(a) protect any complainant and witness from intimidation and reprisals during the course of investigations; and Section 13(9)(b) ensure their physical and psychological integrity before, during and after the proceedings.

Section 13Verify source

§ 14REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 14. Procedure of investigation.Offence

An offence under this Act must be investigated in accordance with the provisions of the Criminal Procedure Code (Cap. 75).

Section 14. Procedure of investigation. Section Subject to section 13 (5), an offence under this Act shall be investigated in accordance with the provisions of the Criminal Procedure Code (Cap. 75).

Section 14Verify source

§ 15REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 15. Victim impact statement.Offence

Section 15 is titled "Victim impact statement" and refers to proving that an offence was committed.

Section 15. Victim impact statement. Section in order to prove that an offence was committed; and

Section 15Verify source

§ 16REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 16. Vulnerable witness.Offence

Section 16. Vulnerable witness. Section 16(1)(a) the alleged victim in the proceedings pending before the court; Section 16(1)(b) a child; or Section 16(1)(c) a person with a mental disability; Section 16(1)(d) a person who is under protection by the Witness Protection Agency established by section 3A of the Witness Protection Act (Cap. 79). Section 16(2)(a) age; Section 16(2)(b) intellectual, psychological or physical impairment; Section 16(2)(c) trauma; Section 16(2)(d) cultural differences; Section 16(2)(e) the possibility of intimidation; Section 16(2)(f) race; Section 16(2)(g) religion; Section 16(2)(h) language; Section 16(2)(i) the relationship of the witness to any party to the proceedings; Section 16(2)(j) the nature of the subject matter of the evidence; or Section 16(2)(k) any other factor the court considers relevant. Section 16(3) The court may, if it is in doubt as to whether a witness should be declared a vulnerable witness in terms of subsection (2), summon an intermediary to appear before the court and advise the court on the vulnerability of the witness. Section 16(4)(a) allowing the witness to give evidence under the protective cover of a witness protection box; Section 16(4)(b) directing that the witness shall give evidence through an intermediary; Section 16(4)(c) directing that the proceedings may not take place in open court; Section 16(4)(d) prohibiting the publication of the identity of the witness or of the family of the witness, including the publication of information that may lead to the identification of the witness or the family of the witness; or Section 16(4)(e) any other measure which the court deems just and appropriate. Section 16(5) Once a court declares any person a vulnerable witness, the court shall direct that an intermediary referred to in subsection (3) be appointed in respect of the witness unless the interests of justice justify the non-appointment of an intermediary, in which case the court shall record the reasons for not appointing an intermediary. Section 16(6) An intermediary referred to in subsection (3) shall be summoned to appear in court on a specified date, place and time to act as an intermediary and shall, upon failure to appear as directed, appear before the court to advance reasons for the failure, upon which the court may act as it deems fit. Section 16(7)(a) convey the general purport of any question to the relevant witness; Section 16(7)(b) inform the court at any time that the witness is fatigued or stressed; and Section 16(7)(c) request the court for a recess. Section 16(8)(a) any views expressed by the witness, but the court shall accord the views the weight it considers appropriate in view of the age of the witness and maturity; Section 16(8)(b) any views expressed by a knowledgeable person who is acquainted with or has dealt with the witness; Section 16(8)(c) the need to protect the dignity of the witness and safety and protect the witness from trauma; and Section 16(8)(d) the question whether the protective measures are likely to prevent the evidence given by the witness from being effectively tested by a party to the proceedings. Section 16(9) A court may at anytime, on its own initiative or upon the request of the prosecution, revoke or vary a direction given in terms of subsection (4), and the court shall, if the revocation or variation has been made on its own initiative, furnish reasons therefor at the time of the revocation or variation. Section 16(10) A court shall not convict an accused person charged with an offence under this Act solely on the uncorroborated evidence of an intermediary. Section 16(11) A person, including a juristic person, who publishes information in contravention of this section or contrary to any direction or authority under this section or who reveals the identity of a witness in any manner in contravention of a direction under this section, commits an offence and is liable, on conviction, to imprisonment for a term of not less than three years or to a fine of not less than two hundred thousand shillings or to both if the person in respect of whom the publication or revelation of identity was done is under the age of eighteen years and in any other case to imprisonment for a term of not less than three years or to a fine of not less than fifty thousand shillings or to both. Section 16(12) A juristic person convicted of an offence under this section shall be liable to a fine of one million shillings. Section 16(13) An accused person in criminal proceedings involving the alleged commission of an offence under this Act who has no legal representation shall put any questions to a vulnerable witness by stating the questions to the court and the court shall repeat the questions accurately to the witness.

Section 16Verify source

§ 17REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 17. Remedies.Provision

If a victim dies as a result of torture or other cruel, inhuman or degrading treatment or punishment, the victim's dependants are entitled to reparation.

Section 17. Remedies. Section 17(1)(a) adequate reparation, including restitution; Section 17(1)(b) adequate compensation; and Section 17(1)(c) rehabilitation. Section 17(2) In the event of the death of the victim as a result of an act of torture or other cruel, inhuman or degrading treatment or punishment, the victim's dependants shall be entitled to reparation. Section 17(3)(a) the costs of medical and psychological treatment; and Section 17(3)(b) any other relief that the court may consider just.

Section 17Verify source

§ 18REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 18. Civil action.Provision

A person may start civil proceedings for compensation even if criminal proceedings or an order under section 17 about restitution or compensation exist.

Section 18. Civil action. Section Despite any criminal proceedings instituted under this Act or any order made under section 17 as to restitution or compensation, a person may institute civil proceedings for compensation.

Section 18Verify source

§ 19REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 19. Medical treatment and counselling of victim.Offence

A court may order medical treatment or counselling for a victim on request; medical records belong to the victim and may only be used as court evidence with the victim's prior informed consent; expenses are charged to the Victim Protection Trust Fund.

Section 19. Medical treatment and counselling of victim. Section 19(1) A court may at anytime, at the request of a victim of torture or cruel, inhuman or degrading treatment or an intermediary, grant an order for the treatment or counselling of a victim of torture or cruel, inhuman or degrading treatment or punishment. Section 19(2) The expenses incurred for the treatment or professional counselling of a victim granted under this section shall be charged on the Victim Protection Trust Fund established under section 27 of the Victim Protection Act (Cap. 79A). Section 19(3) All medical records relating to treatment pursuant to subsection (1) are the property of the victim and shall only be used as evidence before any court with regard to any offence under this Act pursuant to the prior and informed consent of the victim.

Section 19Verify source

§ 20REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 20. Transfer of detainees.Provision

A person with lawful custody of a prisoner or detainee must not transfer or release them to any place where there are reasonable grounds to believe they will be subjected to torture or cruel, inhuman or degrading treatment or punishment.

Section 20. Transfer of detainees. Section 20(1) A person having lawful custody of a prisoner or detainee shall not transfer or release the prisoner or detainee, to any place if there are reasonable grounds to believe that the prisoner or detainee is likely to be subjected to torture or cruel, inhuman or degrading treatment or punishment. Section 20(2)(a) citizenship of the prisoner or detainee; Section 20(2)(b) location in which the prisoner or detainee is being held in custody or control; or Section 20(2)(c) location in which or to which the transfer or release is to take place or has taken place.

Section 20Verify source

§ 21REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 21. Restriction on extradition or deportation.Offence

Prohibits expelling, returning or extraditing a person to another country if there is reason to believe they would face torture or cruel, inhuman or degrading treatment; requires courts to consider patterns of gross human-rights violations when deciding.

Section 21. Restriction on extradition or deportation. Section 21(1) Torture is an extraditable offence. Section 21(2) A person shall not be expelled, returned or extradited to another country where there is reason to believe that the person is in danger of being subjected to torture or cruel, inhuman or degrading treatment or punishment. Section 21(3) When determining whether there is reason to believe that a person has been tortured or is in danger of being subjected to torture or cruel, inhuman or degrading treatment or punishment under subsection (2), the court shall take into account all factors including the existence of a consistent pattern of gross, flagrant or mass violations of human rights in the state seeking extradition of the person. Section 21(4) Where a person is not extradited as a consequence of the provisions of this section, the person shall be prosecuted in Kenya.

Section 21Verify source

§ 22REMEDY FOR VICTIMS AND TRIAL OF OFFENDERS - 22. Assistance to communicate with representative.Provision

If a person in custody is stateless, the detaining authority must assist them to communicate with the representative of the State where they usually reside.

Section 22. Assistance to communicate with representative. Section 22(1)(a) a family member; Section 22(1)(b) the nearest representative of the person; or Section 22(1)(c) the State of which the person is a national. Section 22(2) If the person in custody is stateless, the person shall be assisted by the detaining authority to communicate with the representative of the State where the person usually resides.

Section 22Verify source

Part V

MISCELLANEOUS PROVISIONS

§ 23MISCELLANEOUS PROVISIONS - 23. Regulations.Provision

The Cabinet Secretary may, in consultation with the Board, make regulations for the administration of the Victim Protection Trust Fund in relation to the implementation of this Act.

Section 23. Regulations. Section The Cabinet Secretary may, in consultation with the Board, make regulations for the administration of the Victim Protection Trust Fund in relation to the implementation of this Act.

Section 23Verify source

§ 24MISCELLANEOUS PROVISIONS - 24. General penalty.Offence

A person who commits an offence under this Act for which no penalty is prescribed is liable on conviction to a fine up to one million shillings, or imprisonment up to five years, or both.

Section 24. General penalty. Section A person who commits an offence under this Act for which a penalty is not prescribed, shall be liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years or to both.

Section 24Verify source

§ 25MISCELLANEOUS PROVISIONS - 25. Commission to submit annual report to National Assembly.Provision

The Commission must submit an annual report to the National Assembly; the Commission may submit special reports to the Cabinet Secretary at any time; the annual Commission report must include an assessment of Government performance on preventing torture and similar treatment; the Cabinet Secretary must each year report to the National Assembly on steps taken to implement the Commission's recommendations.

Section 25. Commission to submit annual report to National Assembly. Section 25(1) The Commission shall submit an annual report to the National Assembly and may, at any time submit special reports to the Cabinet Secretary on any matter relating to its functions. Section 25(2) The annual report submitted by the Commission under sub-section (1) shall include an overall assessment of Government's performance with regard to prevention of torture and cruel, inhumane and degrading treatment during the period under review by the Commission. Section 25(3) The Cabinet Secretary shall every year be required to report to the National Assembly, steps which the government has taken in implementing the recommendations made by the Commission.

Section 25Verify source

§ 26MISCELLANEOUS PROVISIONS - 26.SpentProvision

Section 26: "Spent".

Section 26.Spent

Section 26Verify source

§ 27MISCELLANEOUS PROVISIONS - 27.SpentProvision

Section 27.Spent

Section 27Verify source

§ 28MISCELLANEOUS PROVISIONS - 28.SpentProvision

Section 28 is spent.

Section 28.Spent

Section 28Verify source

§ 29MISCELLANEOUS PROVISIONS - 29.SpentProvision

Section 29 is spent.

Section 29.Spent

Section 29Verify source

§ 30MISCELLANEOUS PROVISIONS - 30. Limitation of actions.Provision

A person concerned may bring an action for reparation or an action for damages or claim against the government or any public body in respect of acts of torture or cruel, inhuman or degrading treatment or punishment (including death caused thereby) at any time within six years from when it first became reasonably practicable to bring the action.

Section 30. Limitation of actions. Section 30(1) Despite the provisions of the Limitation of Actions Act (Cap. 22), an action for reparation under this Act in respect of an act of torture or cruel, inhuman or degrading treatment or punishment or death caused by an act of torture or cruel, inhuman or degrading treatment or punishment may be brought at any time within the period of six years beginning with the date when it first became reasonably practicable for the person concerned to bring an action. Section 30(2) Despite the limitation of proceedings against the Government as provided in the Government Proceedings Act ( Cap. 40 ) and the Public Authorities Limitation Act (Cap. 39), an action for damages or claim against the government or any public body in respect of an act of torture or cruel, inhuman or degrading treatment or punishment or death caused by an act of torture or cruel, inhuman or degrading treatment or punishment may be brought at any time within the period of six years beginning with the date when it first became reasonably practicable for the person concerned to bring an action.

Section 30Verify source

§ 31MISCELLANEOUS PROVISIONS - 31. Conflict of laws.Provision

If this Act conflicts with any other law concerning the crimes of torture or cruel, inhuman or degrading treatment or punishment, the provisions of this Act prevail.

Section 31. Conflict of laws. Section Where there is a conflict between the provisions of this Act and the provisions of any other law in regard to the crimes of torture or cruel, inhuman or degrading treatment or punishment, the provisions of this Act shall prevail.

Section 31Verify source

Legislative relationships

10 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Act. Applies when the alleged offender is a citizen of Kenya. Section 3. Application of the Act
Section 3
Commission. Section 12(1)(a) investigate alleged violations of the provisions of this Act
Section 12
Criminal Procedure Code
Section 14

G–M

1 instrument

Limitation of Act
Section 30

N–S

1 instrument

National Police Service Act
Section 13

T–Z

5 instruments

Torture Act
Section 1
Trustees appointed under section 30 of the Victim Protection Act
Section 2
Victim Protection Act
Section 19
Victim Protection Trust Fund in relation to the implementation of this Act
Section 23
Witness Protection Act
Section 16

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