Kenya must take Further Action to Bring itself into Compliance with the Convention on the Rights of the Child

Firstly, the violations of children’s rights – including violations which amount to torture and other cruel, inhuman or degrading treatment or punishment – are widespread in Kenya. For example, in its alternative report, the OMCT informed the Committee that corporal punishment still occurs in homes, schools and care institutions and that many children remain victims of sexual violence, harassment and exploitation in these places. Other contexts which demonstrate a high frequency of violations of children’s rights include for instance the sex tourism industry and child prostitution in the coastal region. The OMCT welcomes the Committee’s recommendation that Kenya explicitly prohibit violence in all settings, even in the home, and that it take measures to eradicate the use of corporal punishment through awareness raising campaigns and to improve oversight of persons working with children. OMCT also welcomes the fact that the Committee discusses the phenomenon of rape by law enforcement officials under the section which deals with Torture or other cruel, inhuman or degrading treatment or punishment because it has been OMCT’s consistent position that sexual violence in the custodial setting constitutes torture.

Furthermore, as described in OMCT’s alternative report, the Committee identified several problems in the administration of the juvenile justice system in Kenya, where child offenders are too often treated as adults and where punishments are not appropriate for their young age. For instance, the minimum age for criminal responsibility is set very low in Kenya, corresponding to the age of 8. The OMCT welcomes the fact that the Committee confirms that the minimal age for criminal responsibility should be raised at least to the age of 12 (with suggestion of further increase).

In addition, in its alternative report, the OMCT notes that most police stations and other settings where children are deprived of their liberty still do not separate children who have been charged with criminal wrongdoing from those in need of care and protection. Moreover, children in pre-trial detention are not separated from adult detainees, thus increasing the risk of their being subjected to violence. These concerns were reiterated by the Committee in its recommendation that children under the age of 18 only be deprived of liberty as a last resort and, if detained, remain separated from adults. The Committee also emphasized that children in need of care should be separated from children detained on criminal grounds.

In its report, the OMCT also denounced the excessive use of force by officials on children. Specifically, OMCT pointed to situations where police officers have shot, harassed and beat children who were arrested for minor violations of the law or who where below the age of criminal responsibility. In that regard, it is significant that the Committee suggested measures to end impunity.

While we welcome Kenya’s recent efforts to bring its legislation in line with international standards, further action by the Government is indispensable if Kenyan children are to enjoy the full set of rights set out under the Convention on the Right of the Child.

The World Organisation Against Torture (OMCT) is the world’s largest coalition of non-governmental organisations fighting against arbitrary detention, torture, summary and extrajudicial executions, forced disappearances and other forms of violence. Its global network comprises nearly 300 local, national and regional organisations, which share the common goal of eradicating such practices and enabling the respect of human rights for all.

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Contact:

Cécile Trochu Grasso
Children’s Rights Programme
OMCT
P.O. 21 – 8, rue du Vieux Billard
CH- 1211 Geneva – Switzerland
Tel : 0041 (0)22 809 49 39
Fax : 0041 (0)22 809 49 29
ct@omct.org