Other inhumane acts - crimes against humanity

Kenya

Kenya - Defence Forces Act 2012 (2018) EN

PART I – PRELIMINARY
Interpretation
“cruel, inhuman or degrading treatment or punishment” means a deliberate and aggravated treatment or punishment not amounting to torture, inflicted by a person in authority or the agent of the person in authority against a person under his or her custody, causing suffering, gross humiliation or debasement to the person;

PART VI – SERVICE OFFENCES

Offences concerning Courts Martial and other Authorities

133A. Prohibition of torture or cruel treatment
(1) A member of the Defence Forces shall not subject any person to torture, cruel, inhuman or degrading treatment.
(2) A member of the Defence Forces who subjects a person to torture, cruel, inhuman or degrading treatment commits an offence and is liable on conviction to a fine not exceeding ten million shillings or imprisonment for a term not exceeding twenty-five years or to both.
(3) A member of the Defence Forces who subjects a person to cruel, inhuman and degrading treatment commits an offence and is liable on conviction to a fine not exceeding five million shillings or imprisonment for a term not exceeding fifteen years or to both.

Kenya - International Crimes Act 2008 EN

PART I—PRELIMINARY

International Crimes

6. (4) In this section—
"crime against humanity" has the meaning ascribed to it in article 7 of the Rome Statute and includes an act defined as a crime against humanity in conventional international law or customary international law that is not otherwise dealt with in the Rome Statute or in this Act;

Rome Statute

Article 7 Crimes against humanity

1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.