Click Here for Larger Image >> A Somali refugee woman and her daughter walk hand in hand in the Hagadhera refugee camp outside Dadaab, some 400 kilometers (250 miles) north east of the Kenyan capital, Nairobi, Nov. 3, 2006. Geoff Wordley of the U.N. High Commissioner for Refugees said the Kenyan government is fingerprinting the new arrivals so they can crosscheck them with records in the capital, Nairobi, to make sure that none of the Kenyan Somali residents around Liboi try to register as refugees.  (AP Photo/Karel Prinsloo)

Background

Prior to the 2007 elections, Kenya represented one of Africa's more politically stable countries, with President Mwai Kibaki (Party of National Unity) serving as head of government and chief of state after being elected in 2002.  However, the December 2007 general elections failed to meet regional and international standards and are widely believed to have been rigged in favor of Kibaki.  Following the Electoral Commission of Kenya's declaration of Kibaki as winner, widespread destructive and violent protests ensued.  Kibaki's opponent, Raila Odinga (Orange Democratic Movement) declared himself the "people's president" and called for Kibaki to resign.  The political violence led to the death of over 1,000 people, while 300,000 were displaced from their homes, causing immense social and economic upheaval.  Following negotiations between ODM and PNU, a coalition government was formed as a solution to the crisis, and on Feb. 28, 2008, Kibaki became president and Odinga prime minister.

In February of 2008, the Kenyan government formed the Waki Commission to investigate the political violence sparked by the elections.  In October, the Waki Commission Report was released, detailing the causes and facts of the violence, the government's response to it, along with recommendations for how to prosecute those involved.  Importantly, the commission reported that the violence did not just involve spontaneous reactions to the rigged elections but systematic and organized attacks on Kenyans based on ethnicity and political views.  Moreover, the organization and prevalence of the violence was in part made possible through the reactivation of armed militias from the ethnic clashes of the 1900's that were never completely demobilized.

The crisis has sparked additional violence and serious human rights abuses. On March 5, 2009, two Kenyan human rights activists of the Oscar Foundation Free Legal Aid Clinic were shot and killed in Nairobi.  The organization has filed complaints against the government and has brought attention to abuses and killings by Kenyan police (Amnesty International).  Such abuses by police continue to constitute a grave area of concern.

Freedom of the Press

Recent events and political developments indicate a tightening of restrictions on the media, which has led to tensions between journalists and policymakers.  In 2007 and 2008, Parliament passed several pieces of legislation that would further restrict media and allow the government to have much tighter regulation over the industry.  Notably, the 2008 Kenya Communications Bill would give the state powers to invade media houses, seize broadcast equipment, control broadcast content, or take a station off the air.

Such efforts followed in the wake of several attacks on media stations in 2006.  On May 12, 2006, one person was killed and three seriously injured at a raid on Hope FM, a Christian radio station in Nairobi. The event attracted attention around the world and was condemned by Reporters Without Borders and major world media. Station management blamed the raid on Muslim extremists. The attack took place soon after a broadcast that advocated converting from Islam to Christianity.

The attack came two months after a raid at the Kenya Television Network and the Standard Group in March 2006. In this case, police carrying AK-47 weapons raided two separate Standard Group locations simultaneously. At one location, guards were assaulted, journalists harassed, and equipment damaged. The station was off the air for more than 12 hours. Several journalists were arrested then later released.
On March 2, 2006, police seized copies of the Standard newspaper from the printer and set them on fire. The media later reported that high-ranking government officials were fully aware of the raid. In fact, several government officials met at the president's office to discuss plans for the raid. Minister of Internal Security John Michuki acknowledged the government ordered the raid to safeguard Kenyan security, saying "if you rattle a snake, you must be prepared to be bitten."

Click Here for Larger Image >> Mathare residents flee their homes in the Mathare slum in  Nairobi  Kenya, Nov. 8 2006 after gang violence erupted last Sunday killing up to seven people. Hundreds of families are seeking shelter from the marauding gangs and rain.(AP Photo/Khalil Senosi)

Torture and Punishment

Police continued to use violence and torture during interrogations and as punishment, according to a U.S. State Department report. According to the Independent Medico Legal Unit (IMLU), a Kenyan human rights organization promoting the rights of torture victims, common torture methods included whipping, burning with cigarettes, and beatings by blunt force including gun butts and clubs.

Claims of torture or abuse by detainees were common, which made it difficult to separate real from fabricated incidents. Kenyan human rights organizations, churches, and the media documented numerous cases of torture and indiscriminate police beatings. IMLU received 380 cases alleging torture by security officers in 2006, compared to 397 cases in 2005, though they noted the numbers were likely below actual incidences.

Police occasionally abused street children, according to the Kenyan National Commission for Human Rights (KNCHR). A 2006 KNCHR report said that street children often formed cooperatives where each member contributed regularly to a fund to bribe police.

Prison Conditions

Prison conditions in Kenya are harsh and sometimes life-threatening, though the government attempted to improve conditions between 2005 and 2006, according to a U.S. State Department report. Most prisons were severely overcrowded. In 2006, 93 prisons were home to at least 50,000 inmates, more than three times their intended capacity. Meru Prison had three times more inmates than its intended capacity.

Click Here for Larger Image >> A policeman kicks a man to the ground during fighting between police and the Mungiki sect, June 7, 2007 in the Mathare slum in Nairobi, Kenya. Gun battles erupted in a Nairobi slum, killing at least 10 people, as police conducted house-to-house searches for members of an outlawed sect accused of terrorizing Kenyans and leaving behind a string of beheaded corpses. An Associated Press reporter saw 10 corpses in the Mathare shantytown, considered a stronghold for the Mungiki sect. Police sealed off the slum and rounded up more than 100 people, ordering them to kneel on the ground as gunshots whizzed by. (AP Photo/Karel Prinsloo)

Rapes of both male and female prisoners, primarily by fellow inmates, continued to be a problem in 2006, according to prison personnel. A June 2006 media report indicated that the rape of female inmates by prison officials was common. It is thought that HIV infections were increasing among the prison population, though statistics were difficult to gather because there were no voluntary testing services in many prisons. Hundreds of prisoners die each year from infectious diseases caused by overcrowding and inadequate medical treatment. A July 2006 court ruling said the 2004 deaths of five prisoners at Meru G. K. Prison were a result of prison overcrowding, that prison conditions had been inhumane, and that the government should expand the prison.

Freedom of Peaceful Assembly

There were cases where police forcibly dispersed demonstrators, though fewer reports were noted than in the previous year. For example, in December 2006, tear gas was used by police to disperse a demonstration by opposition leaders.

By late 2006, the government still had not prosecuted any police officers involved in four deaths that occurred at a November 2005 Kisumu rally that police disrupted for being held without permission. Police did not respond publicly to a KNCHR report declaring their responsibility.

Refugees

Security at refugee camps remained a problem, particularly at the Kakuma camp, where rape was a frequently reported crime. Rapes took place when women and girls left the camps to herd goats or collect water and firewood. Most rapes were committed by other refugees or by local community members, with a small number by security force members.

Security problems also resulted from the persecution of those converting to Christianity from Islam, community pressure opposing female genital mutilation, forced marriages, and family resistance to out-of-clan marriages, which often resulted in kidnapping of spouses or children.

Acts of violence like banditry and shootings occurred frequently near refugee camps and elsewhere in the weapons-rich, resource-poor areas where camps were located. Refugees were mistreated by local citizens and residents of other refugee camps because of ethnic or religious differences. Violence sometimes erupted between rival Somali clans at the refugee camps. Refugees who married non Muslims or openly supported religions other than Islam were abused. 

Click Here for Larger Image >> Somali women and men wait for food distribution at Dadaab refugee camp in Northern Kenya, Aug. 7, 2006. For the Somali refugees who have been in Dadaab longest, the recent takeover of much of southern Somalia by an Islamic militia has sapped any lingering hope they had of going home. The refugees watch new arrivals stream in - 18,000 so far this year. (AP Photo/Karel Prinsloo)

Domestic violence against women was a widespread problem in Kenya. Police typically did not investigate cases because they considered it a private family matter.

A 2004 Kenya demographic and health survey reported that more than half of women had experienced domestic violence. Wife beating was prevalent and largely ignored by much of society.

In July 2006, President Kibaki signed the Sexual Offenses Act, which criminalized defilement, rape, child pornography, child sex tourism, and sexual harassment. It had not yet been implemented by the end of 2006.

The act also prohibits female genital mutilation, though it is still practiced in rural areas. According to UNICEF, 32 percent of women had undergone FGM. According to the nongovernmental organization Maendeleo Ya Wanawake (Development of Women), 80 to 90 percent of girls had undergone FGM in some provinces.

Children

In 2004, Kenya's People Daily reported that 38 percent of children under 18 were sexually abused. The 2005 Chambers of Justice report "The Defilement Index" said that incestuous defilement was responsible for about 75 percent of abuse against young girls in urban areas. The report also said that six of 10 people who worked with abused children thought the most vulnerable girls were 1 to 10 years old. Defilement is defined in Kenya as having sexual intercourse with a child younger than 14 against their will. It is considered a lesser offense then rape.

Child prostitution is increasing because of poverty and the number of children orphaned due to HIV/AIDS. According to the International Labor Organization, around 30,000 girls under 19 years old were engaged in prostitution.

Child labor is also a big problem in Kenya, with nearly 1.9 million children working. A UNICEF report said that 26 percent of children were child laborers and approximately 30 percent of girls aged 12 to 18 years who were living in cities surveyed were part-time or full-time sex workers as an income-generating activity.

Working Conditions for Human Rights Defenders

Click Here for Larger Image >> Mount Kilimanjaro rises above the clouds as  a Gazelle graze at the foot of the mountain in the Amboseli national park 250 km south of Nairobi, Kenya, April 14, 2007 (AP Photo/Odd Andersen)

Most domestic and international human rights organizations investigated and published findings on human rights cases without government restrictions. There were some reports of intimidation and threats by government officials to disrupt NGO activities. Smaller NGOs in mostly rural areas were subjected to interference from provincial administrators and security forces, according to a report by the U.S. State Department.

In 2006, there were approximately 15 NGOs in Kenya that actively advocated for human rights. Several maintained thorough files on human rights abuses. Attorneys could only handle a small percentage of those who needed assistance and were concentrated mainly in Nairobi and other large cities.

During 2006, government members publicly criticized some NGOs, accusing them of fraud and incompetence and requesting increased regulation of them.
There were no reports that police raided local NGOs, seized documents, or interrogated staff members. 

U.S. Policy/Other Concerns:

Kenya Human Rights Commission

MADRE

Breaking News:

Daily Nation - published by the Nation Media Group, the paper claims to have three-quarters of the Kenyan newspaper market. It is widely regarded as being independent and balanced.

East African Standard - privately owned daily and Kenya's oldest newspaper.

East African - English-language weekly published by the Nation Media Group.
Taifa Leo - Kenya's only Swahili-language daily, published by the Nation Media Group.

Kenya Times - KANU party paper, daily.

Kenya Broadcasting Corporation (KBC)

Metro TV

Family TV



Links: Human Rights Watch

U.S. State Department country report

UPDATED APRIL 2009