Police and individuals who perpetrate torture risk life imprisonment and a penalty or 15 years in jail.
These details form the draft Bill criminalising all forms of mental and physical torture. The proposed Prevention of Torture Bill demands Kenya implement the UN Convention against Torture, Other Cruel, Inhuman or Degrading Treatment of any wrongdoer by police in obtaining information.
Officers are also cautioned against forcing suspects to admit to an offense to amount to court proceeding. “Any information, confession or admission obtained from a person by means of torture shall be inadmissible in evidence against that person,” reads the bill.
“A person who knowingly uses information obtained through torture and cruel, inhuman and degrading treatment or punishment commits an offence and is liable upon conviction to a fine not exceeding Sh500,000 or a term of imprisonment not exceeding seven years or both.” Kibra MP Ken Okoth, the sponsor of the Bill awaiting publication, states that any person who, by an act of commission or omission, intentionally inflicts severe pain or suffering, intimidates or coerces a victim, shall be liable to Sh2 million fine or 25 years in jail or both.
Okoth said foreigners will be equally charged like any other Kenyan. It will be applied in any territory under Kenya’s control, on Kenyan operated aircraft or a government’s corporate body.