The country’s ugly side was exposed by a strong delegation of 14 Non-Governmental Organisations which made a 14 -point presentation which indicts the Government of failing to uphold the 2010 Constitution, more so in upholding the human rights.
The organisations include the Independent Medico Legal Unit, Article 19 East Africa, Kenya Human Rights Commission, Refugee Consortium of Kenya among others.
Among the issues raised and set to be addressed by the Government during the session includes the civil space, transitional justice, corruption, public participation and freedom of expression and access to Information.
It also includes issues of the Internally Displaced People, refugee’s rights, gender equality, statelessness among others.
The organisations pointed out that the criminal justice sector – pretrial detention, prison reform, police reforms, lack of legal aid leading to abuse of power resulting in human rights violations.
The police vetting for example “has not brought about accountability on human rights violations.’’
Among the accusations raised against the National Police Service, and will be addressed by the Kenya Police spokesman Charles Owino on Sunday includes human rights violations, extra judicial killings, arbitrary and summary killings.
“Are there any legal frameworks in place on anti-torture?” queried IMLU executive director Peter Kiama whose organisation recently released a damning report on police.
Between 2009-2014 IMLU documented 1,030 cases of torture and extra judicial killings.
136 were cases of shooting, 232 cases of fatal shooting, 9 cases of burning, 20 cases of sexual violation, 32 cases of physiological torture and 524 cases of beatings among others.
“The state should fast track the passing of the prevention of Torture bill 2014 to ensure protection of all victims of torture and effective prevention and response to torture and ill-treatment in conformity with the holistic perspective envisaged in the Robben Island guidelines,” the organisation recommended.
By formation of the Independent Policing Oversight Authority, Kenya made great strides towards achieving a people’s centred police service.
The African Policing Civilian Oversight Forum however said Kenyans may not after all experience a reformed police service if the independence of IPOA is compromised.
“We are equally concerned by efforts to roll back some of the gains made. The provisions establishing the Board of the Independent Policing Oversight Authority in Kenya is in the best practice,” APCOG executive director Sean Tait said.
He however lamented that: “The current proposed amendments to section 14 of the Independent Policing Oversight Authority Act will undermine this independence by subjecting the chairperson to possible dismissal by the President.”
He urged the Kenya Government to, “reject the amendments and instead protect IPOA.”
Tait who spoke to Capital News on the side-line of the meeting said any political interference to the Oversight Authority will water down all the gainsmade towards a reformed police service.
He said IPOA, just like many other organisations in Africa was understaffed and with few resources to keep on toe a large police service.
“Their presence has to be felt at all parts of the country, but do they have enough personnel?’’ he asked.
He warned that the eroded police image among members of the public cannot be regained with a weak Oversight Authority.
To reverse the current situations, the organisation urged Kenya to ensure prompt, impartial investigations and prosecution of perpetrators of torture.
The state, was also challenged to instutionalise the use of Istanbul Protocol in its forensic documentation for evidence of torture in Kenya.
Kenya was also challenged to fast track the enactment of the National coroner’s bill 2015.
The Government should also ensure the security agencies are properly trained and equipped to handle security challenges more so the difficult terrains.
Kenya through the office of the Attorney-General will present its report on 8th to 11th of this month to the delegates.
During the session, Kenya will respond to allegations made against the Government.
Ahead of the presentation, Kenya through a statement presented to the commission noted the gains made by African states towards achieving democracy saying: “to achieve sustainable peace and security, African states must establish strong institutions to safeguard and uphold democratic principles, the rule of law and human rights.”
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