IV 

113TH CONGRESS 

1ST SESSION H. RES. 186 

Congratulating the people of Kenya on their commitment to peaceful elections, 

as demonstrated on March 4, 2013, and calling on Kenyans to come 

together to continue to implement political, institutional, and accountability reforms envisioned in the Kenyan constitution. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2013 

Ms. BASS submitted the following resolution; which was referred to the 

Committee on Foreign Affairs 

RESOLUTION 

Congratulating the people of Kenya on their commitment 

to peaceful elections, as demonstrated on March 4, 2013, 

and calling on Kenyans to come together to continue 

to implement political, institutional, and accountability 

reforms envisioned in the Kenyan constitution. 

Whereas the Governments of the United States and Kenya 

have long shared a strong bilateral partnership, and 

Kenya plays a critically important role as a cornerstone 

of stability in East Africa and as a valued ally of the 

United States; 

Whereas Kenya’s disputed 2007 presidential election threatened the country’s stability and its democratic trajectory, 

triggering an explosion of violence that resulted in the 


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•HRES 186 IH 

deaths of some 1,140 civilians and displaced nearly 

600,000, some of whom have still not returned home; 

Whereas a mediation effort by former United Nations Secretary-General Kofi Annan and an African Union Panel 

of Eminent African Personalities, supported by the 

United States, led to the signing of the National Accord 

on February 28, 2008, which led to a series of constitutional, electoral, and institutional reforms to address underlying causes of the crisis; 

Whereas, as part of that reform process, the citizens of 

Kenya participated in a national referendum in August 

2010, approving a new constitution that mandated significant institutional and structural changes to the government; 

Whereas those constitutional changes have led to important 

reforms in the judicial sector and the electoral system in 

Kenya that aim to build greater public confidence in government institutions, and which demonstrate meaningful 

progress; 

Whereas Kenya’s Independent Commission of Inquiry into 

the Post-Election Violence (the ‘‘Waki Commission’’) concluded from its investigation in 2008 that there had been 

‘‘no serious effort by any government’’ to punish perpetrators of previous incidents of ethnic and political violence, leading to a culture of impunity that contributed 

to the crisis that followed the 2007 elections, and, since 

then, despite laudable judicial reforms, few perpetrators 

or organizers of that violence have been held accountable 

for their crimes in Kenyan courts; 

Whereas, based on the findings of the Waki Commission, mediator Kofi Annan submitted a list of key suspects to the 


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•HRES 186 IH 

Office of the Prosecutor of the International Criminal 

Court (ICC) in 2009, and several have been subsequently 

charged at the ICC with crimes against humanity; 

Whereas the Department of State’s 2011 Human Rights Report on Kenya notes, ‘‘Widespread impunity at all levels 

of government continued to be a serious problem. The 

government took only limited action against security 

forces suspected of unlawful killings, and impunity in 

cases of corruption was common. Although the government took action in some cases to prosecute officials who 

committed abuses, impunity . . . was pervasive’’; 

Whereas President Barack Obama’s Strategy on Sub-Saharan Africa, released in June 2012, states that the United 

States will not stand by while actors ‘‘. . . manipulate 

the fairness and integrity of democratic processes, and we 

will stand in steady partnership with those who are committed to the principles of equality, justice and the rule 

of law’’; 

Whereas, in a February 2013 message to the people of 

Kenya, President Obama highlighted the power Kenyan 

communities have to reject intimidation and violence surrounding the upcoming election, resolve disputes in the 

courts as opposed to the streets, and ‘‘move forward towards prosperity and opportunity that unleashes the extraordinary talents of your people’’; 

Whereas, five years after Kenya’s post-election crisis, the 

country held its first general elections under the new constitution on March 4, 2013, which were largely peaceful; 

Whereas Kenya’s presidential candidates and their political 

parties committed themselves to a peaceful electoral procVerDate Mar 15 2010 03:51 Apr 27, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HR186.IH HR186

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•HRES 186 IH 

ess, and to resolving any resulting disputes through the 

judicial process; 

Whereas the Kenyan Supreme Court ruled on March 30, 

2013, that Uhuru Kenyatta was validly elected, and his 

opponents pledged to respect and honor the decision of 

the Court; 

Whereas the White House issued a statement on March 30, 

2013, stating, ‘‘The electoral process and the peaceful 

adjudication of disputes in the Kenyan legal system are 

testaments to the progress Kenya has made in strengthening its democratic institutions, and the desire of the 

Kenyan people to move their country forward. Now is the 

time for Kenyans to come together to fully implement the 

political, institutional, and accountability reforms envisioned in the Kenyan constitution. . . . We welcome and 

wish to underscore the importance of Kenya’s commitment to uphold its international obligations, including 

those with respect to international justice.’’; and 

Whereas in his inauguration speech on April 9, 2013, President Kenyatta said, ‘‘I will lead all Kenyans—those who 

voted for me—and those who voted for our competitors— 

towards a national prosperity that is firmly rooted in a 

rich and abiding peace in which unity can ultimately be 

realized. . . . Indeed, national unity will only be possible 

if we deal decisively with some of the issues that continue 

to hinder our progress. Achieving peace and strengthening unity will be the goal of my Government. This work 

begins now. We welcome all Kenyans to hold us to account.’’: Now, therefore, be it 

1 Resolved, That the House of Representatives— 


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•HRES 186 IH 

1 (1) congratulates the people of Kenya on their 

2 commitment to peaceful elections, as demonstrated 

3 on March 4, 2013; 

4 (2) calls on the people of Kenya to continue to 

5 reject intimidation and violence, and encourages the 

6 peaceful and credible resolution of electoral disputes 

7 in the courts; 

8 (3) urges restraint on all sides, while recog9 nizing the right of the people of Kenya to peacefully 

10 exercise their constitutional rights to freedom of ex11 pression, assembly, and demonstration; 

12 (4) urges accountability for anyone found to be 

13 complicit in promoting violence or manipulating elec14 toral processes or results; 

15 (5) notes that many of the underlying griev16 ances that have underpinned ethnic divisions and 

17 fueled the 2007–2008 violence remain largely 

18 unaddressed; 

19 (6) affirms that accountability for the 2007– 

20 2008 post-election violence is a critical element to 

21 ensure Kenya’s democracy, peace, and long-term sta22 bility; 

23 (7) calls on the Government of Kenya to respect 

24 commitments to seek justice for the victims of polit25 ical violence, including by honoring its obligations 


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•HRES 186 IH 

1 under the Rome Statute to cooperate fully with the 

2 International Criminal Court with regard to the 

3 three cases that remain before the Court slated to 

4 go to trial in 2013; 

5 (8) recognizes that, while the Government of 

6 Kenya has made important progress since the 2007 

7 election, aspects of the Kenyan reform agenda speci8 fied in the National Accord and 2010 constitution 

9 remain unfinished, particularly with regard to police 

10 reform, devolution, land reform, and security; 

11 (9) encourages the people and Government of 

12 Kenya to support ongoing implementation of con13 stitutional reforms, rule of law, and efforts to 

14 strengthen governing, security, and judicial institu15 tions that respect the dignity and rights of all the 

16 people of Kenya and ensure protection for judges; 

17 (10) congratulates the many candidates elected 

18 to office in the March 2013 election—including 

19 those at the newly-formed county level—and ex20 presses hope that newly-elected members of govern21 ment will herald a new generation of responsible 

22 leadership in Kenya; and 

23 (11) reaffirms that the people of the United 

24 States will continue to stand with the people of 


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•HRES 186 IH 

1 Kenya in support of democracy, partnership, and 

2 peace. 

Æ 


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