CHAPTER FOUR –– THE BILL OF RIGHTS

Part 1—General Provisions relating to the Bill of Rights

28. Human dignity.

Every person has inherent dignity and the right to have that dignity respected and protected.

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 1—General Provisions relating to the Bill of Rights

29. Freedom and security of the person

Every person has the right to freedom and security of the person, which includes the right not to be —

(c) subjected to any form of violence from either public or private sources ;
(d) subjected to torture in any manner, whether physical or psychological ;
(e) subjected to corporal punishment ; or
(f) treated or punished in a cruel, inhuman or degrading manner.

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.

THIRD SCHEDULE
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR DATED THE 12TH AUGUST, 1949

PART III – CAPTIVITY

SECTION VI – RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES

CHAPTER III – PENAL AND DISCIPLINARY SANCTIONS

III – JUDICIAL PROCEEDINGS

Article 99 – Essential Rules
I. General principles

No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Questioning persons

8 5. (1) Where there are grounds to believe that a person who is to be questioned by a Kenyan agency following a request under paragraph 1 (c) of article 91 the Rome Statute has committed a crime within the jurisdiction of the ICC, the person—

(b) shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;