Prevention of Torture Act

6. No justification for torture.

Edition: 2022-12-31 · In force

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6. No justification for torture.

(1)No exceptional circumstances, including—

(a)a state of war or a threat of war;

(b)internal political instability; or

(c)a public emergency,

may be invoked as justification of torture or cruel, inhuman or degrading treatment or punishment.

(2)An order from a superior officer or a public authority may not be invoked as justification for torture or cruel, inhuman or degrading treatment or punishment.

(3)A person shall not be held liable to disciplinary action or criminal prosecution only on account of refusing to obey an order from a superior officer or public authority to commit, aid or abet in the torture or cruel, inhuman or degrading treatment or punishment or an offence under this Act.

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Source: Kenya Law