Kenya's anti-torture framework: rethinking Kenya's legal approach

Submitted in partial fulfilment of the requirements of the Bachelor of Laws Degree, Strathmore University Law SchoolOn 10th December 1984 the UN General Assembly adopted the UN CAT (herein referred to as the UN Convention against Torture) 1. The main aim of the Convention was the prevention of torture and other acts of cruel, inhuman, or degrading treatment or punishment on a global scale2 an effort that had been long in the making especially since the inception of the 1949 Geneva Conventions. The Convention came into force on 26th June 1987 and Kenya became a State Party to it in 1997 and thus took on the responsibility that requires states to take effective measures to ensure the prevention of torture in any territory under their jurisdiction and also forbids states to transport people to any country where there is reasonable ground to believe the person will be subject to acts of torture3. In Kenya’s 2010 Constitution, having taken into account the historical mistreatment of people in the country primarily at the hands of the state, provisions against torture are provided as a means of safeguarding the people4. Under the belief that certain freedoms are inalienable human rights, the Constitution guarantees the Bill of Rights for every individual5. The Constitution also provides for the freedom from torture and cruel, inhuman or degrading treatment or punishment being unlimited and guaranteed by the constitutio