Kenya on collision course with UN

A former detainee of the infamous Nyayo house torture chambers during a visit to the underground which were opened to the public by the Narc government. PHOTO/ FILE

What you need to know:

  • Government fails to submit report on measures to curb torture as pledged

Kenya could once again find itself in a United Nations agency’s bad books for failing to submit a crucial report on torture.

The UN Convention Against Torture and other cruel, inhumane, degrading treatment or punishment (UNCAT) last November gave the government a year to put in place measures to guard against state-sanctioned torture as well as opening avenues for justice to victims.

However, the Independent Medico-Legal Unit (IMLU), a non-governmental organisation that seeks to promote the rights of torture victims, yesterday said the government had not met its international obligations.

“Save for collaborative efforts with civil society in developing a draft anti-torture Bill that will define and deal with torture, IMLU is concerned by the indifference in complying with UNCAT,” executive director Joan Nyanyuki said.

Kenya ratified the convention in 1997 and was expected to submit its first report to the UNCAT Committee within a year of ratification but this only happened almost a decade later in February 2007.

Following this first report, the committee tasked the government to implement reforms in the police force, prosecute perpetrators of torture and compensate victims.

Serious crimes

In addition, the government was to enact new legislation that defined torture and specified appropriate penalties.

Dr Nyanyuki said rights activists suspected that the government was deliberately delaying the second report for fear of retribution after serious crimes against humanity in post-2007 poll violence.

Meanwhile, the lobby has begun collecting statements from fishermen on Migingo Island who were allegedly tortured by Ugandan forces. The lobby will use the evidence for litigation at the East African Court of Justice.