ROD

CRIMINAL JUSTICE SYSTEM IN KENYA: An Audit
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Rule 1, 6-10, 36-49, 54, 71 and 111-120 of the UN Standard Minimum Rules for the
Treatment of Prisoners (UNSMR)
Principle 1 of the Basic Principles for the Treatment of Prisoners
Principle 6 of the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment; Principle 1 of the Principles on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
Rule 87(a) of the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty (JDLR)
3.1 Prohibition of torture
The Children’s Act is silent on what the applicable standards of care are at CRH and as far as
could be established, regulations to this effect have not been gazetted. 264 From all nine CRH it
was reported that all staff had received training on the absolute prohibition of torture and at two
of the CRH (Eldoret and Nairobi) it was reported that there has been refresher training to support
the induction training.
Deaths at CRH are rare, but it was reported from all nine that if this were to happen that it must be
reported to the police who will investigate.
3.2 Duration of custody
In section 2 above some basic data on the duration of custody has already been presented and
the following builds on that. Section 36A(4)(c) of the Criminal Procedure Code (CAP 75) allows a
court to remand a person to custody and section 36A(7) places a limit of 30 days on the period
of remand. However, the Child Offenders’ Rules do not place such a limitation for renewal of the
warrant on the Court. The question therefore arises as to whether courts read section 36A(7),
setting the 30-day limit, together with paragraph 10 (placing an overall limit). At none of the CRH
it was found that any children were being detained on an expired warrant.
A child who has been charged with a capital offence and his /her matter is before a court superior
to a children’s court can only be remanded for a maximum period of six months and for matters
before a children’s court or non- capital offence, a child can only be remanded for three months.
Immediately after taking plea, a capital case relating to a child should take six months, failure of
which the child ought to be released unconditionally without being liable to further prosecution on
264 There is a proposed bill on prohibition of torture but it has only been deliberated upon at departmental level. Section
13 of the Children Act provides for protection of children from all forms of abuse i.e. physical, psychological, neglect all any
form of exploitation. Section 18(1) of the Children Act provides that no child shall be subjected to torture, of cruel treatment
or punishment, unlawful arrest or liberty, deprivation of liberty.
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