KENYAN GOVERNMENT ASKED OVER TORTURE ALLEGATIONS

The Kenyan Government has been taken to task by the United Nations Committee Against Torture on its commitment to implementing reforms to address various forms of torture.

Members of the UN body on Wednesday questioned a report submitted by the government saying it contained information that contradicts to the reality on the ground.

According to Satyabhoosun Gupt Domah, the report portrays a perfect country which is not the case.

"There is the official side and then there is the reality on the ground.

"It (Kenya) used to be highly respected and it had high potential but despite that it smirks of corruption, torture and other forms of abuses," he said.

Government commitment to improve the justice system through reforms was a key concern at the two-hour Kenya review meeting at Palais Wilson in Geneva.

Attorney General Prof Githu Muigai, who led the Kenyan delegation, presented the report where the government indicated progress in reforms on torture-related issues.

The committee said since its last review in 2008 and with the adoption of a new Constitution for Kenya in 2010, one would expect a better report.

"The way it looks, Kenya has carried out important reforms at almost 100 per cent. When you look at the official side of Kenya, everything looks perfect. It indicates that better than this cant exist. But at the grassroots the more it changes, the more it remains the same and gives the same picture," he stated.

The government was accused of failing through the State, to deal with with extra-judicial killings, prison conditions and challenges that victims go through when seeking redress.

The officials cited the Tana Delta attacks that left about 200 people dead and others injured, the Mandera and Mathare killings, shooting in Dadaab camp, extradition policy and burning of suspected witches in Kisii.

Other cases they highlighted were claims of torture at mental institutions, detention of mothers in maternity institutions over unpaid bills and individual cases of extra-judicial killings.

They demanded an explanation from the government officials for the case in Mathare where a woman was killed by a stray bullet during a police operation and the family advised to seek redress through the court system.

"Why do you ask the victim to pursue a civil right through court, who not just act? It is for the state to recognise, to accept and to apologise to pay the family," said Mr Domah.

He said the committee learnt from credible sources that the country is still faced with a systemic culture where those who exercise power over others are in complicity with those who are mandated to execute justice to defeat the justice system.

"There is a perception that the state is failing and it is failing through the police. The credibility of a state is like the credibility of an individual. It is gained by ethical practice," he said.

Committee members questioned government's delay in enacting the Prevention of Torture Bill which gives specific provisions for handling torture and related issues.

"There was commitment to present it to Parliament, but now your report says it is being reviewed by the Commission for Constitution implementation, what for? Is that not an excuse despite showing commitment? We want an explanation and justification," he stated.
DAILY NATION