PART I – PRELIMINARY
Interpretation

“torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for the purpose of—

(I) obtaining information or a confession from the person or from a third person;

(ii) punishing the person for the act which that person or a third person has committed or is suspected of having committed;

(iii) intimidating or coercing that person or a third person; or

(iv) for any reason based on discrimination of any kind, when such pain or suffering is afflicted by or at the instigation of or with the consent or acquiescence of a public official or with the
consent or acquiescence of a public official or other person acting in an official capacity.

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.

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;