Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Kenya’s LOAC Manual (1997) provides: “No physical or mental torture, nor any form of coercion may be used to obtain [information].” It stipulates: “No physical or mental torture of prisoners is permitted.” The manual restates common Article 3 of the 1949 Geneva Conventions.
Kenya’s Geneva Conventions Act (1968) punishes “any person, whatever his nationality, who, whether within or outside Kenya commits, or aids, abets or procures the commission by any other person of any grave breach of any of the [1949 Geneva] Conventions”.
Kenya’s Constitution (1992) provides that no person shall be subjected to torture or inhuman or degrading punishment or other treatment.