IV

104TH CONGRESS

2D SESSION H. CON. RES. 135

Expressing the sense of the House of Representatives concerning the political

and human rights situation in the Republic of Kenya.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1996

Mr. PORTER (for himself, Mr. HINCHEY, Mr. LIPINSKI, Mr. FRANK of Massachusetts, Mr. PAYNE of New Jersey, Mr. LANTOS, Mr. ENGEL, Mr.

DEFAZIO, Mr. HOUGHTON, Mr. REED, and Mr. HASTINGS of Florida)

submitted the following concurrent resolution; which was referred to the

Committee on International Relations

CONCURRENT RESOLUTION

Expressing the sense of the House of Representatives concerning the political and human rights situation in the

Republic of Kenya.

Whereas the Governments of the United States and the Republic of Kenya have enjoyed friendly relations as the Republic of Kenya has been an important and politically

stable ally to the United States in Africa;

Whereas the Republic of Kenya is a major tourist destination

in East Africa enhancing its economic and political importance to the United States;

Whereas the Republic of Kenya is the recipient of a substantial amount of United States foreign assistance;
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Whereas such foreign assistance had been offered to encourage democratic freedoms, human rights, and political stability in the Republic of Kenya;

Whereas after 9 years as a single-party state led by the

Kenya Africa National Union, a 1991 constitutional

amendment restored multiparty democracy;

Whereas the Kenyan Constitution guarantees the rights of

assembly, association, conscience, and expression;

Whereas the Republic of Kenya, as a signatory to the United

Nations Charter, the United Nations Declaration of

Human Rights which includes the International Covenant

on Civil and Political Rights, and the African Charter, is

obliged to adhere to its international legal obligations and

to protect the fundamental human rights of all its citizens;

Whereas despite the 1991 constitutional amendment restoring multiparty democracy, the Government of Kenya continues to wage a campaign of repression designed to

eliminate criticism and dissent;

Whereas Government of Kenya security forces have harassed

and detained government critics, including former cabinet

members and others advocating multiparty democracy;

Whereas former Member of Parliament from Nakuru, Koigi

Wa Wamwere, who has been recognized as a determined

opponent to ethnic cleansing, brutality, and corruption in

the Republic of Kenya, has been targeted by the Government of Kenya for his political beliefs and has spent the

better part of the past 9 years in police detention;

Whereas numerous international human rights groups and

independent international observers have concluded that

the trial and sentencing of Mr. Wamwere and his 2
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codefendants, Charles Kuria Wamwere and G.G.

Njuguna Ngengi, to 4 years in prison and 6 ‘‘strokes’’

(lashes with a cane), was conducted in a manner that

was inconsistent with international legal standards, that

the charges against the defendants were unsubstantiated

by the evidence, that much of the evidence was fabricated, and that the trial was not conducted by an independent and impartial tribunal;

Whereas the Government of Kenya continues to intimidate

and harass human rights attorneys, peaceful demonstrators, and human rights activists by regularly interfering

with many civil liberties, including freedoms of speech,

press, assembly, and association;

Whereas prisoners in the Republic of Kenya, especially political prisoners, are detained in prison for indefinite periods

of time without being charged with a crime;

Whereas prisoners in the Republic of Kenya charged with

crimes remain in prison for excessively lengthy periods of

time without being brought to trial;

Whereas prisoners in the Republic of Kenya are often subjected to various kinds of torture, including beating with

sticks, fists, handles of hoes, and gun butts, often resulting in permanent disability;

Whereas life threatening prison conditions in the Republic of

Kenya, including sexual abuse, severe overcrowding, poor

diet, inadequate health care, substandard bedding materials, and flooded or unheated cells led to several hundred

deaths in prison in 1994;

Whereas despite constitutional provisions to the contrary and

the Kenyan Police Commissioner’s June 1993 announcement that torture was prohibited and would not be toler-
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ated, there continue to be credible reports that police and

security forces resort to torture and brutality to break up

licensed public assemblies;

Whereas the President of Kenya exerts overwhelming influence over the country’s Judiciary, including through the

President’s refusal to renew contracts of the 3 High

Court Judges who have issued rulings adverse to the

Government; and

Whereas the Republic of Kenya’s political stability is threatened by the Government of Kenya’s repression of individual rights and democratic freedoms and its intolerance

toward political dissent: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring),

3 SECTION 1. STATEMENT OF POLICY.

4 It is the sense of the Congress that the Government

5 of Kenya should—

6 (1) uphold the rights of assembly, association,

7 conscience, and expression, which are guaranteed in

8 the Kenyan Constitution;

9 (2) adhere to its international legal obligations

10 under the United Nations Charter, the United Na11 tions Declaration of Human Rights which includes

12 the International Covenant on Civil and Political

13 Rights, and the African Charter;

14 (3) end all intimidation and harassment of

15 those who are critical of government policies and

16 those working for democracy in Kenya, particularly
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1 individuals within the church, the press, and the

2 legal and academic communities;

3 (4) either charge and try or release all pris4 oners, including persons detained for political rea5 sons;

6 (5) cease all physical abuse or mistreatment of

7 prisoners;

8 (6) release Mr. Koigi Wa Wamwere and permit

9 him to exercise his rights of free expression, associa10 tion, and political participation in a multiparty de11 mocracy; and

12 (7) restore the independence of the Judiciary.

13 SEC. 2. ASSISTANCE TO REPUBLIC OF KENYA.

14 It is the sense of the Congress that the United States

15 should consider reducing, and possibly suspending, mili16 tary and economic assistance to the Republic of Kenya un17 less the Government of Kenya makes substantial progress

18 in addressing the concerns set forth in section 1.

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