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.

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

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.

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

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

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.

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 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 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.

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

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

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 vulnerable witness's identity, and sets penalties for such publication.

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.

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

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.

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.

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.

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.

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.

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.

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 26: "Spent".

Section 27.Spent

Section 28 is spent.

Section 29 is spent.

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.

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.