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 Massa-
chusetts, 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 con-
cerning the political and human rights situation in the
Republic of Kenya.
Whereas the Governments of the United States and the Re-
public of Kenya have enjoyed friendly relations as the Re-
public 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 im-
portance to the United States;
Whereas the Republic of Kenya is the recipient of a substan-
tial amount of United States foreign assistance;
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Whereas such foreign assistance had been offered to encour-
age democratic freedoms, human rights, and political sta-
bility 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 citi-
zens;
Whereas despite the 1991 constitutional amendment restor-
ing multiparty democracy, the Government of Kenya con-
tinues 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 Govern-
ment 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
•HCON 135 IH
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 fab-
ricated, and that the trial was not conducted by an inde-
pendent and impartial tribunal;
Whereas the Government of Kenya continues to intimidate
and harass human rights attorneys, peaceful demonstra-
tors, 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 politi-
cal 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 sub-
jected to various kinds of torture, including beating with
sticks, fists, handles of hoes, and gun butts, often result-
ing 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 mate-
rials, 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 announce-
ment that torture was prohibited and would not be toler-
•HCON 135 IH
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 influ-
ence 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 threat-
ened by the Government of Kenya’s repression of individ-
ual rights and democratic freedoms and its intolerance
toward political dissent: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. STATEMENT OF POLICY.
It is the sense of the Congress that the Government
of Kenya should—
(1) uphold the rights of assembly, association,
conscience, and expression, which are guaranteed in
the Kenyan Constitution;
(2) adhere to its international legal obligations
under the United Nations Charter, the United Na-
tions Declaration of Human Rights which includes
the International Covenant on Civil and Political
Rights, and the African Charter;
(3) end all intimidation and harassment of
those who are critical of government policies and
those working for democracy in Kenya, particularly
•HCON 135 IH
individuals within the church, the press, and the
legal and academic communities;
(4) either charge and try or release all pris-
oners, including persons detained for political rea-
sons;
(5) cease all physical abuse or mistreatment of
prisoners;
(6) release Mr. Koigi Wa Wamwere and permit
him to exercise his rights of free expression, associa-
tion, and political participation in a multiparty de-
mocracy; and
(7) restore the independence of the Judiciary.
SEC. 2. ASSISTANCE TO REPUBLIC OF KENYA.
It is the sense of the Congress that the United States
should consider reducing, and possibly suspending, mili-
tary and economic assistance to the Republic of Kenya un-
less the Government of Kenya makes substantial progress
in addressing the concerns set forth in section 1.
Æ