Human rights in Kenya
Encyclopedia
Human rights in Kenya are far better than in most of Africa
, though political freedom is still curtailed.
, state security forces harassed dissidents and were suspected of complicity in several murders of prominent personalities deemed as threats to his regime, including Pio Gama Pinto
, Tom Mboya
and J.M. Kariuki
. MP and Lawyer C.M.G. Argwings-Kodhek and former Kadu Leader and minister Ronald Ngala
also died, in suspicious car accidents.
administration consistently received international criticism of its record on human rights. Under Moi, security forces regularly subjected opposition leaders and pro-democracy activists to arbitrary arrest, detention without trial, abuse in custody, and deadly force. International donors and governments such as the United States
, Germany
, the United Kingdom
, and Norway
periodically broke off diplomatic relations and suspended aid allocations, pending human rights improvement.
presidency, politically motivated human rights violations have diminished, but other serious human rights abuses persist, a great many at the hands of security forces, particularly the police. The police force is widely viewed as the most corrupt entity in the country, given to extorting bribes, complicity in criminal activity, and using excessive force against both criminal suspects and crowds. Most police who commit abuses still do so with impunity
. Prison conditions remain life threatening.
Apart from police and penal system abuses, infringements of rights in the course of legal proceedings are widespread, despite recent pressure on judicial personnel. Freedom of speech
and of the press continue to be compromised through various forms of harassment of journalists and activists. Violence and discrimination against women are rife. The abuse of children, including in forced labor and prostitution, is a serious problem. Female genital mutilation (FGM) remains widespread, despite 2001 legislation against it for girls under 16. The abuse of women and girls, including early marriage and wife inheritance, is a factor in the spread of human immunodeficiency virus/acquired immune deficiency syndrome (HIV
/AIDS
).
Kenya made some progress in 2003, when it set up a national human rights institution, the Kenya National Commission on Human Rights
(KNCHR), with a mandate to ensure Kenya's compliance with international human rights standards. Also, parliament passed the Children's Act to ensure the protection of minors, as well as the Disability Act, outlawing discrimination against the disabled.
In November 2005 the Kenyan government banned rallies of opposition parties, rejecting calls for new elections. Vice President Moody Awori
stated:
On 3 June 2007, two days after President Mwai Kibaki
stated that Mungiki
members "should expect no mercy", about 300 Mungiki members were arrested and at least 20 killed. John Michuki
, at the time Minister for Internal Security, publicly stated following the killings, "We will pulverize and finish them off. Even those arrested over the recent killings, I cannot tell you where they are today. What you will certainly hear is that so and so's burial is tomorrow". In the KNCHR's Cry of Blood — Report on Extra-Judicial Killings and Disappearances published in September 2008, the KNCHR reported these in their key finding "e)", stating that the forced disappearance
s and extrajudicial killings appeared to be official policy.
In November 2008, WikiLeaks
brought wide international attention to The Cry of Blood. In the report, the KNCHR's first key finding "a)" was that "the evidence gathered by the KNCHR establishes patterns of conduct by the Kenya Police that may constitute crimes against humanity
.
On 5 March 2009, two of the human rights investigators involved in the investigations documented in the report, Oscar Kamau Kingara
and John Paul Oulu
, were assassinated. Their assassinations were attributed by non-governmental organisations to the security forces.
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
, though political freedom is still curtailed.
Kenyatta (1964-1978)
During the first post-independence presidency of Kenya, under President Jomo KenyattaJomo Kenyatta
Jomo Kenyattapron.] served as the first Prime Minister and President of Kenya. He is considered the founding father of the Kenyan nation....
, state security forces harassed dissidents and were suspected of complicity in several murders of prominent personalities deemed as threats to his regime, including Pio Gama Pinto
Pio Gama Pinto
Pio Gama Pinto was a Kenyan journalist and politician.-Early years:At age eight, he was sent to India for his education and spent the next nine years there. He studied the arts for two years before joining the Indian Air Force in 1944 for a short time...
, Tom Mboya
Tom Mboya
Thomas Joseph Odhiambo Mboya was a prominent Kenyan politician during Jomo Kenyatta's government. He was founder of the Nairobi People's Congress Party, a key figure in the formation of the Kenya African National Union , and the Minister of Economic Planning and Development at the time of his death...
and J.M. Kariuki
Josiah Mwangi Kariuki
Josiah Mwangi Kariuki was a Kenyan socialist politician during the administration of the Jomo Kenyatta government. He held different government positions from 1963, when Kenya became an independent country, to 1975, when he was assassinated. He left behind three wives and many children.-Early...
. MP and Lawyer C.M.G. Argwings-Kodhek and former Kadu Leader and minister Ronald Ngala
Ronald Ngala
Ronald Gideon Ngala was a Kenyan politician and statesman who was the leader of the Kenya African Democratic Union political party from its creation in 1960 until its dissolution in 1964.-Early Career:...
also died, in suspicious car accidents.
Moi (1978-2002)
The Daniel arap MoiDaniel arap Moi
Daniel Toroitich arap Moi was the President of Kenya from 1978 until 2002.Daniel arap Moi is popularly known to Kenyans as 'Nyayo', a Swahili word for 'footsteps'...
administration consistently received international criticism of its record on human rights. Under Moi, security forces regularly subjected opposition leaders and pro-democracy activists to arbitrary arrest, detention without trial, abuse in custody, and deadly force. International donors and governments such as the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, and Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
periodically broke off diplomatic relations and suspended aid allocations, pending human rights improvement.
Kibaki (since 2002)
Since 2002, under the Mwai KibakiMwai Kibaki
Mwai Kibaki is the current and third President of the republic of Kenya.Kibaki was previously Vice President of Kenya for ten years from 1978–1988 and also held cabinet ministerial positions, including a widely acclaimed stint as Minister for Finance , Minister for Home Affairs and Minister for...
presidency, politically motivated human rights violations have diminished, but other serious human rights abuses persist, a great many at the hands of security forces, particularly the police. The police force is widely viewed as the most corrupt entity in the country, given to extorting bribes, complicity in criminal activity, and using excessive force against both criminal suspects and crowds. Most police who commit abuses still do so with impunity
Impunity
Impunity means "exemption from punishment or loss or escape from fines". In the international law of human rights, it refers to the failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress...
. Prison conditions remain life threatening.
Apart from police and penal system abuses, infringements of rights in the course of legal proceedings are widespread, despite recent pressure on judicial personnel. Freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and of the press continue to be compromised through various forms of harassment of journalists and activists. Violence and discrimination against women are rife. The abuse of children, including in forced labor and prostitution, is a serious problem. Female genital mutilation (FGM) remains widespread, despite 2001 legislation against it for girls under 16. The abuse of women and girls, including early marriage and wife inheritance, is a factor in the spread of human immunodeficiency virus/acquired immune deficiency syndrome (HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
/AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
).
Kenya made some progress in 2003, when it set up a national human rights institution, the Kenya National Commission on Human Rights
Kenya National Commission on Human Rights
The Kenya National Commission on Human Rights is an autonomous national human rights institution established by a Kenyan Act of Parliament in 2002. KNCHR became operational in July 2003...
(KNCHR), with a mandate to ensure Kenya's compliance with international human rights standards. Also, parliament passed the Children's Act to ensure the protection of minors, as well as the Disability Act, outlawing discrimination against the disabled.
In November 2005 the Kenyan government banned rallies of opposition parties, rejecting calls for new elections. Vice President Moody Awori
Moody Awori
Arthur Moody Awori , known as "Uncle Moody", was the 9th Vice President of Kenya from 25 September 2003 to 9 January 2008.-Politics:Awori was born in Butere. He went to Mangu High School in 1935, and later Kakamega High School...
stated:
- The government considers these calls for nationwide rallies inappropriate and a threat to national security [...]
- Accordingly, the government will not allow the planned rallies and wananchi (citizens) are cautioned not to attend the meetings.
On 3 June 2007, two days after President Mwai Kibaki
Mwai Kibaki
Mwai Kibaki is the current and third President of the republic of Kenya.Kibaki was previously Vice President of Kenya for ten years from 1978–1988 and also held cabinet ministerial positions, including a widely acclaimed stint as Minister for Finance , Minister for Home Affairs and Minister for...
stated that Mungiki
Mungiki
Mungiki is a politico-religious group and a banned criminal organization in Kenya. The name means "A united people" or "multitude" in the Kikuyu language. The religion, which apparently originated in the late 1980s, is secretive and bears some similarity to mystery religions. Specifics of their...
members "should expect no mercy", about 300 Mungiki members were arrested and at least 20 killed. John Michuki
John Michuki
John Njoroge Michuki was born 1932 at Muguru village, Iyego Location, Kangema Division in Murang’a County. Educated in Kenya and abroad, Michuki has emerged as one of the prominent and long-serving civil servants and politicians as well as a businessman in Kenya...
, at the time Minister for Internal Security, publicly stated following the killings, "We will pulverize and finish them off. Even those arrested over the recent killings, I cannot tell you where they are today. What you will certainly hear is that so and so's burial is tomorrow". In the KNCHR's Cry of Blood — Report on Extra-Judicial Killings and Disappearances published in September 2008, the KNCHR reported these in their key finding "e)", stating that the forced disappearance
Forced disappearance
In international human rights law, a forced disappearance occurs when a person is secretly abducted or imprisoned by a state or political organization or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the...
s and extrajudicial killings appeared to be official policy.
In November 2008, WikiLeaks
Wikileaks
WikiLeaks is an international self-described not-for-profit organisation that publishes submissions of private, secret, and classified media from anonymous news sources, news leaks, and whistleblowers. Its website, launched in 2006 under The Sunshine Press organisation, claimed a database of more...
brought wide international attention to The Cry of Blood. In the report, the KNCHR's first key finding "a)" was that "the evidence gathered by the KNCHR establishes patterns of conduct by the Kenya Police that may constitute crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
.
On 5 March 2009, two of the human rights investigators involved in the investigations documented in the report, Oscar Kamau Kingara
Oscar Kamau Kingara
Oscar Kamau Kingara was a Kenyan lawyer and human rights activist. Kingara was the founder and director of the Oscar Foundation Free Legal Aid Clinic, a human rights organization based in Nairobi...
and John Paul Oulu
John Paul Oulu
John Paul Oulu was a Kenyan human rights activist and former Students Union official at the University of Nairobi. His 2009 assassination is widely attributed to his work in documenting police killings.-Human rights work:...
, were assassinated. Their assassinations were attributed by non-governmental organisations to the security forces.
See also
- Kenya Human Rights CommissionKenya Human Rights CommissionThe Kenya Human Rights Commission is a non-government organization founded in 1992 and registered in 1994.The Commission campaigns to create a culture in Kenya where human rights and democratic culture are entrenched....
- Kenya National Commission on Human RightsKenya National Commission on Human RightsThe Kenya National Commission on Human Rights is an autonomous national human rights institution established by a Kenyan Act of Parliament in 2002. KNCHR became operational in July 2003...
- CemirideCemirideCEMIRIDE is an acronym for Centre for Minority Rights Development, a Non-Governmental Organization in Kenya. CEMIRIDE is an advocacy body that works on issues minorities and indigenous people in Africa....
- LGBT rights in Kenya
External links
- 2004 Human Rights Report on Kenya - US Department of State
- Freedom of expression in Kenya - IFEXInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Transparency International - Kenya
- Human Rights Watch Reports - Kenya
- Amnesty International's 2011 Annual Report on Kenya