CAT status Status under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment State Party since 21 February, 1997

Reviewed 2022 Read review

Kenya

Name: The World Organisation Against Torture
Price range: $

At a glance

Following the post-electoral violence in 2007 that led to the (then Minister of Education) William Ruto trial before the International Criminal Court for crimes against humanity, the country has unfortunately witnessed a second post-electoral unrest in 2016, with another large wave of violence including sexual violence against women, extra-custodial use of violence, and torture. The country has also witnessed normative developments regarding the right to freedom from torture and ill-treatment. Legislation to enable various relevant aspects of the Constitution of Kenya has been enacted, including on the prevention of torture, the protection of the rights of persons in pre-trial detention or post-trial custody, the protection of victims, and the establishment of legal aid for indigent persons.

This contradiction between the legal framework and its materialisation has been favoured by the fight against terrorism, the refugee, asylum seeker, and migrant challenge, as well as by the climate of impunity and accountability that followed the Ruto trial. The OMCT has worked in the country during the last decade with its SOS-Torture Network members International Commission of Jurists (ICJ-Kenya) and Independent Medico-Legal Unit (IMLU), with whom it has jointly submitted an alternative report before the CAT in 2014. Both members are taking part respectively to the OMCT Terrorism and Torture Working Group and Migration and Torture Group in Africa.