III 

115TH CONGRESS 

2D SESSION S. RES. 616 

Urging the Government of Kenya to respect human rights, protect democratic 

space for civil society, and promote transparent and accountable democratic governance. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 23, 2018 

Mr. BOOKER (for himself, Mr. FLAKE, Mr. DURBIN, and Mr. COONS) submitted the following resolution; which was referred to the Committee on 

Foreign Relations 

RESOLUTION 

Urging the Government of Kenya to respect human rights, 

protect democratic space for civil society, and promote 

transparent and accountable democratic governance. 

Whereas the United States has a serious interest in the 

democratic trajectory of Kenya, as the United States and 

Kenya are partners with longstanding mutual interests in 

East Africa and cooperate on a wide range of economic 

and security issues; 

Whereas unrest related to governance and ethnic tensions has 

periodically threatened the standing of Kenya as a stable 

partner in the region; 

Whereas the Department of State has identified abuses by security forces, including ‘‘unlawful killings, forced disVerDate Sep 11 2014 21:33 Aug 23, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR616.IS SR616

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•SRES 616 IS 

appearances, and impunity’’, as among the most serious 

human rights problems in Kenya; 

Whereas the 2017 Country Report on Human Rights Practices of the Department of State for Kenya noted that, 

according to some human rights groups, the number of 

extrajudicial killings by security forces was ‘‘significantly 

underestimated’’ due to underreporting in poor areas, 

and the report describes impunity as a major problem 

with respect to both violent abuses and police corruption; 

Whereas the tumultuous elections held in August and October 2017 were marred by serious human rights violations 

perpetrated by security forces, who used excessive force 

to break up protests and carry out house-to-house operations in opposition strongholds; 

Whereas Human Rights Watch reports that at least 67 people were shot or beaten to death by police after the August 2017 elections; 

Whereas the continued pattern of widespread sexual violence 

against women and girls at the time of elections and the 

absence of appropriate post-violence care demonstrate a 

failure by the authorities of Kenya to prevent, investigate, and hold perpetrators accountable for election-related gender-based violence; 

Whereas, although the September 1, 2017, decision of the 

Supreme Court of Kenya to nullify the results of the August 2017 election demonstrated the independence of the 

judiciary, a result of reforms under the new Constitution 

of Kenya, subsequent threats and attacks against judges, 

disregard by government officials for court orders, and a 

more recent effort by the Government of Kenya to cut 


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the budget of the judiciary raise concerns about respect 

for the separation of powers in Kenya; 

Whereas, following the electoral victory of President Uhuru 

Kenyatta in October 2017, the Government of Kenya has 

targeted the media and access to information, despite numerous public promises to safeguard press freedom; 

Whereas, more recently, journalists and civil society activists 

have raised concerns that a new cybercrime law that 

criminalizes the publication of ‘‘fake news’’ may be used 

to stifle press freedom; 

Whereas reports of anti-riot police physically attacking journalists, senior government officials threatening journalists, and arbitrary arrests and kidnappings of journalists 

suggest a pattern of abuse and a closing of civic space; 

Whereas an independent, impartial media is crucial to ensure 

access to information for the people of Kenya as afforded 

by the Constitution of Kenya; 

Whereas the lack of accountability for the police of Kenya 

and actions to limit democratic space for civil society 

threaten to undermine the Constitution of Kenya and the 

rule of law; 

Whereas the religious, ethnic, and geographic diversity of the 

people of Kenya is a source of strength and economic vitality for the country; 

Whereas the courts of Kenya have made some progress in 

providing access to justice, as demonstrated when the 

High Court agreed to hear a case, brought by 3 rights 

groups representing the lesbian, gay, bisexual, and 

transgender community (in this preamble referred to as 

the ‘‘LGBT community’’), to challenge parts of the penal 

code seen as targeting the LGBT community; and 


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Whereas the Government of Kenya must continue to work towards protecting the human rights of the LGBT community in Kenya because many members of the community 

continue to face harassment, threats, and violence: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) calls upon the Government of Kenya and 

3 President Kenyatta— 

4 (A) to enforce the rule of law by— 

5 (i) publicly condemning all extrajudi6 cial killings and other violations perpetrat7 ed by the security forces of Kenya; 

8 (ii) ensuring that extrajudicial killings 

9 and other violations are investigated and 

10 prosecuted by an independent judicial in11 quiry, such as the Independent Policing 

12 Oversight Authority; 

13 (iii) investigating the excessive use of 

14 force by the security forces; and 

15 (iv) committing to provide repara16 tions, including adequate compensation, for 

17 victims and their families; 

18 (B) to secure human rights for all citizens 

19 of Kenya, including members of the lesbian, 

20 gay, bisexual, and transgender community; 


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1 (C) to safeguard press freedom, according 

2 full respect to international law, by allowing 

3 open reporting and commentary on any issues 

4 of pressing public interest and by permitting 

5 journalists to exercise the freedom of expression 

6 as provided for in the Constitution of Kenya; 

7 (D) to open up civic space by allowing indi8 viduals to assemble peacefully, express their 

9 views freely, and hold opinions without inter10 ference; 

11 (E) to reform electoral processes and insti12 tutions, including by providing support for ac13 countability, as part of a broader effort to ad14 dress the history of election-related violence in 

15 Kenya and prevent future bloodshed; 

16 (F) to provide access to independent courts 

17 for citizens of Kenya who have suffered from 

18 intimidation, corruption, and violence by the se19 curity forces of Kenya and armed gangs; and 

20 (G) to demonstrate greater respect for the 

21 independence of the judiciary by complying with 

22 court orders and ceasing actions or statements 

23 that may be seen as seeking to intimidate 

24 judges; 

25 (2) urges the security forces of Kenya— 


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1 (A) to show restraint and refrain from any 

2 unnecessary or excessive use of force, including 

3 intimidation, kidnapping, extrajudicial raids, 

4 confiscation, and killings; 

5 (B) to carry out arrests and prosecutions 

6 in full accordance with the rule of law and dem7 onstrate transparent due process; and 

8 (C) to publicly acknowledge violations, con9 duct speedy, impartial, thorough, and trans10 parent investigations, and hold those respon11 sible to account as a key step toward achieving 

12 justice for victims; 

13 (3) calls upon the leaders and citizens of Kenya 

14 to begin a national conversation to build cohesion 

15 and address longstanding issues; and 

16 (4) calls upon the President, the Secretary of 

17 State, and other senior officials of the United 

18 States, as well as international partners— 

19 (A) to raise the issues described in this 

20 resolution with President Kenyatta and the 

21 Government of Kenya; 

22 (B) to continue to support civil society and 

23 the development of democratic institutions in 

24 Kenya; and 


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1 (C) to identify opportunities in which re2 sources or diplomatic engagement could con3 tribute to moving democracy forward in Kenya. 

Æ 


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