Tag Archives: extrajudicial killings

One year out, do any Kenyans doubt that William Ruto would use violence to avoid being the first Kenyan president to be found by the Electoral Commission to have lost re-election at the polls?

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I am too far removed from “the ground” in Kenya to be able to directly answer this question myself, but it is one that has to be asked by the UK and German governments leading this year’s democracy assistance “basket fund”, by all Kenyans of course, by foreigners and ex-pats working in democracy assistance or civil society efforts, etc.

To me, the factual underpinnings for any such belief (regarding election violence) seem conspicuously lacking from everything I know about Kenya, Kenyan politics, William Ruto specifically and his history since 1992’s re-election of Daniel arap-Moi when Ruto was a key KANU “Youth Winger”. That first multi -party and post-Cold War election was observed by the International Republican Institute (“IRI”) with funding from USAID after Moi rejected the request of George H.W. Bush’s Ambassador Hempstone to permit an International Election Observation Mission by the National Democratic Institute for International Affairs (“NDI”) and US democracy assistance involvement became a permanent feature.

Most recently the normal baseline of extrajudicial killings that appear to connect to issues of political power seems to be increasing. Again, I am at a great distance and not a source of facts or judgment about what Kenya’s main political players are doing just now, just a repository of the inconvenient context of recent decades in the lives of these men, their competition and their country (and mine).

Certainly for IRI, NDI and their funders at the National Endowment for Democracy the unique new context includes “January 6” which they denounced rightly and as was required of them at the time, with a new Trump II administration which “woodchippered” USAID, tried to eliminate NED, and has adopted the previously unprecedented practice of direct POTUS endorsement of some foreign presidential candidates on a seemingly ad hoc basis as to process, motive and timing.

Likewise the role of non-democratic actors in Kenya’s Presidential campaign will presumably be that much greater than in the past; those actors are unlikely to incentivize or pressure Ruto to adopt more thoroughly democratic norms.

Kenya 2007 election- Ambassador Ranneberger and Connie Newman at polling station Nairobi

Another year goes by: Eight years after Oscar Foundation murders, Kenya is a “place where human rights defenders can be murdered with impunity”

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The fifth sixth eighth anniversary of the “gangland style” execution of Oscar Foundation head Oscar Kingara and his associate John Paul Oulu in their car near State House in Nairobi was this past Thursday Sunday.  From the New York Times report the next day:

“The United States is gravely concerned and urges the Kenyan government to launch an immediate, comprehensive and transparent investigation into this crime,” the American ambassador to Kenya, Michael E. Ranneberger, said in a statement on Friday. It urged the authorities to “prevent Kenya from becoming a place where human rights defenders can be murdered with impunity.” (emphasis added)

The slain men, Oscar Kamau Kingara and John Paul Oulu, had been driving to a meeting of human rights activists when unidentified assailants opened fire. No arrests have been reported.

Last month, the two activists met with Philip Alston, the United Nations special rapporteur on extrajudicial executions, and provided him with “testimony on the issue of police killings in Nairobi and Central Province,” Mr. Alston said in a statement issued in New York on Thursday.

“It is extremely troubling when those working to defend human rights in Kenya can be assassinated in broad daylight in the middle of Nairobi,” Mr. Alston said.

Mr. Alston visited Kenya last month and said in a previous statement that killings by the police were “systematic, widespread and carefully planned.”

.  .  .  .

Unfortunately, in these five years nothing has been done about the murders, and no action was taken on the underlying issue of widespread extrajudicial killings by the police.  Kenya in fact proved itself to be a place where human rights defenders can be murdered with impunity.  The government spokesman who made inflammatory (and baseless according to the embassy) attacks on the victims just before the killings is now a governor, and the Attorney General who stood out as an impediment to prosecuting extrajudicial killing (and was banned from travel to the U.S.) is a Senator. (See also the State Department’s Kenya Country Report on Human Rights Practices, 2013)

Below is the March 19, 2009 statement to the Congressional Record by Senator Russ Feingold who is now the President’s Special Envoy for the Great Lakes Region of Africa and the DRC, courtesy of the Mars Group:

Mr. President, two human rights defenders, Oscar Kamau Kingara and John Paul Oulu, were murdered in the streets of Nairobi, Kenya two weeks ago. I was deeply saddened to learn of these murders and join the call of U.S. Ambassador Ranneberger for an immediate, comprehensive and transparent investigation of this crime. At the same time, we cannot view these murders simply in isolation; these murders are part of a continuing pattern of extrajudicial killings with impunity in Kenya. The slain activists were outspoken on the participation of Kenya’s police in such killings and the continuing problem of corruption throughout Kenya’s security sector. If these and other underlying rule of law problems are not addressed, there is a very real potential for political instability and armed conflict to return to Kenya.

In December 2007, Kenya made international news headlines as violence erupted after its general elections. Over 1,000 people were killed, and the international community, under the leadership of Kofi Annan, rallied to broker a power-sharing agreement and stabilize the government. In the immediate term, this initiative stopped the violence from worsening and has since been hailed as an example of successful conflict resolution. But as too often happens, once the agreement was signed and the immediate threats receded, diplomatic engagement was scaled down. Now over a year later, while the power-sharing agreement remains intact, the fundamental problems that led to the violence in December 2007 remain unchanged. In some cases, they have even become worse.

Mr. President, last October, the independent Commission of Inquiry on Post-Election Violence, known as the Waki Commission, issued its final report. The Commission called for the Kenyan government to establish a Special Tribunal to seek accountability for persons bearing the greatest responsibility for the violence after the elections. It also recommended immediate and comprehensive reform of Kenya’s police service. Philip Alston, the UN Special Rapporteur on extrajudicial killings, echoed that recommendation in his report, which was released last month. Alston found the police had been widely involved in the post-election violence and continue to carry out carefully planned extrajudicial killings. The Special Rapporteur also identified systematic shortcomings and the need for reform in the judiciary and Office of the Attorney General.

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