From: Human Rights Coordinator <hrcoord@igc.apc.org>
Newsgroups: soc.rights.human
Date: 12 Oct 92 10:47 PDT
Subject: KENYA: unfair trial and death sent
Nf-ID: #N:cdp:1476700626:000:4398
Nf-From: cdp.UUCP!hrcoord    Oct 12 10:47:00 1992


From: Human Rights Coordinator <hrcoord>
Subject: KENYA: unfair trial and death sent

/* Written 10:53 pm  Oct 11, 1992 by hnaylor@igc.apc.org in igc:ai.general */
Amnesty International
International Secretariat
1 Easton Street
London WC1X 8DJ
United Kingdom

EXTERNAL 12 October 1992

KENYA: AMNESTY INTERNATIONAL CONCERNED ABOUT POSSIBLE
UNFAIR TRIAL AND DEATH SENTENCES IN TREASON TRIAL

On 13 October, a major political trial is due to start in
Nairobi at which all the accused claim to have been
tortured. The four defendants face treason charges
punishable by the death penalty. Those accused are former
member of parliament, Koigi wa Wamwere, (a refugee in Norway
until shortly before his arrest), two human rights lawyers
and a farmer.

      Amnesty International is concerned that the accused
may not receive a fair trial and is urging the Kenyan
authorities to ensure that international standards for fair
trials are respected. Political trials in Kenya in recent
years have been grossly unfair, with judges routinely
dismissing well-founded allegations of torture of defendants
in pre-trial detention.

      Amnesty International will be following the
proceedings of this latest trial closely to see whether the
defendants' allegations that they were tortured and forced
to make statements under duress are examined in open court
and are fully investigated. No statements made under torture
by the four defendants should be ruled admissible as
evidence against them. The defendants' allegations of
torture were summarily dismissed in 1990 when they appeared
in court before a magistrate, despite an independent medical
report which found evidence to support the allegations.

      The four have frequently been denied medical treatment
since their arrest two years ago. One, Rumba Kinuthia, a 35-
year-old lawyer now in hospital with dangerously high blood
pressure, may be too ill to stand trial. Since April 1992 he
has been chained by the wrist to his hospital bed,
supposedly to prevent him escaping, but imperilling his
health further. He also suffered a dislocated shoulder after
being beaten by his armed guards in May, and the government
has refused to pay for specialist tests for other medical
complaints.

      Another treason trial is scheduled for 25 November. An
Islamic preacher, Sheikh Khalid Salim Balala, is awaiting
trial for "imagining the death of the President" in a sermon
in Mombasa in July. This highly unusual charge, created in
1977 to stop speculation about succession to the previous
President, appears to have been used in an attempt to
silence this prominent supporter of the prohibited Islamic
Party of Kenya (IPK).

     Since President Daniel arap Moi's government accepted a
multi-party system in December 1991 following a freeze on
foreign aid, 26 long-term convicted political prisoners have
been freed before the completion of their sentences, but
seven are still held. However, dozens of peaceful government
critics have been arrested this year and, though released on
bail, face possible trial and imprisonment for exercising
their right to freedom of expression. They include Pius
Nyamora, editor of Society magazine, Njehu Gatabaki, editor
of Finance magazine, and opposition party leaders.

      Political prisoners have constantly been denied proper
medical treatment and kept in harsh conditions, in some
cases in prolonged defiance by the prison authorities of
court orders. In 1992, Kenya has also seen peaceful
demonstrators assaulted and beaten by police, and mass
round-ups of Somali refugees, with at least one dying as a
result of injuries.  Death sentences continue to be imposed
by courts and at least 350 prisoners are under sentence of
death.

      West and central Kenya have been rocked by political
violence since November 1991, with over 700 people killed in
ethnic clashes. Evidence published recently in a 238-page
parliamentary report, indicates that one group responsible
for many of the killings, nicknamed "Kalenjin warriors"
(Kalenjin being President Moi's ethnic group), was supported
and financed by senior government and ruling party
officials.

      Amnesty International is continuing to appeal to the
Kenyan authorities not to imprison prisoners of conscience
or carry out death sentences. The organization is also
investigating official complicity in recent killings in the
west and centre of the country.