COALITION GOVERNMENT FINDS COMMON GROUND ON

UNCLAS NAIROBI 001113


LONDON, PARIS FOR AFRICA WATCHERS, AF/E FOR SUSAN DRIANO,
DRL FOR MOLLIE DAVIS

E.O. 12958: N/A
TAGS: PREL PHUM PGOV KDEM KE
SUBJECT: COALITION GOVERNMENT FINDS COMMON GROUND ON
EXTRAJUDICIAL KILLINGS REPORT

REF: A. NAIROBI 1014

B. NAIROBI 525

C. NAIROBI 458

D. NAIROBI 413


SUMMARY
--------------


1. On June 3, the U.N. Special Rapporteur on Extrajudicial
Killings Philip Alston presented to the U.N. Human Rights
Council his final report on his recent visit to Kenya. The
report concluded that extrajudicial killings by police were
systematic, widespread, and carefully planned. It also
decried the continued impunity for post-election violence,
and criticized the Sabaot Land Defense Force, the police, and
the military for brutality, torture, and extrajudicial
killings in the Mt. Elgon conflict. Despite the
overwhelmingly negative nature of the report, there is a
small bright spot. The Orange Democratic Movement forced the
Party of National Unity to reconsider its initial rejection
of Alston's report. As a result, the government presented a
united coalition approach. Its statement to the Human Rights
Council accepted most aspects of Alston's report and
acknowledged the need for police reform. This approach,
along with pressure from the U.S., may provide new impetus to
the police reform task force recently established by the
government (Reftel A). End Summary.

EJ Killings: Systematic and Widespread
--------------


2. On June 3, the U.N. Special Rapporteur for Extrajudicial
Killings Philip Alston presented to the U.N. Human Rights
Council his final report on his visit to Kenya in February.
The conclusions of the report are substantially similar to
those contained in Alston's preliminary report, issued in
February (Reftel D). Alston concluded that extrajudicial
killings are systematic and widespread in Kenya. His report
roundly condemned the police for its lack of internal
accountability, concluding that Kenyan police operate with
impunity. Alston restated that Police Commissioner Hussein
Ali should be sacked for his complicity in extrajudicial
killings. Likewise, Alston stated that Attorney General Wako
should resign for failing to tackle the complete impunity
which exists in relation to extrajudicial killing.


3. The report condemned the Sabaot Land Defense Force and
government security forces for widespread brutality,
including torture and unlawful killings in the Mt. Elgon
conflict. It criticized both the police and military for
denying abuses and for their "methodical intimidation of
human rights defenders and witnesses." Alston also
criticized the GOK's lack of action on the recommendations of
the Waki Commission, which proposed measures to address the
systemic causes of the post-election violence and criticized
the government for failing to tackle impunity for those who
committed post-election violence, including extrajudicial
killings.

Threats to Human Rights Defenders
--------------


4. Alston told the Human Rights Council that the GOK had
made "systemic attempts to silence criticism of Kenya's
security forces." He noted that two prominent human rights
activists who had provided him information during his visit
were murdered shortly thereafter (Reftel C) and that more
than 20 activists had been forced into hiding or exile due to
government threats and harassment (Reftel B).

Public Reaction
--------------


5. The Kenyan press gave wide coverage to an advance copy of
the Special Rapporteur's report. The public had a good
understanding of the issues; press had covered extensively
the Special Rapporteur's preliminary report in February, as
well as civil society reports detailing accusations of
extrajudicial killings. The public largely accepted the
report, though concerns were voiced that the Special
Rapporteur had gone too far in recommending the sacking of
high GOK officials.

PNU Prepares to Reject Report
--------------


6. President Kibaki's Party of National Unity (PNU)
maintains political control over the three institutions that
Alston criticized most severely: the police, the military,
and the justice system. Reacting to the report, PNU once
again showed that it considers the security forces and
justice system its own bailiwick. Without consulting its
coalition partners, the (PNU-controlled) Office of the
Government Spokesman on May 29 issued a condemnation of
Alston's report, and attacked Alston as a "bigoted activist"
and termed his report "a baseless fabrication devoid of even
an iota of a fact." A delegation consisting of three PNU
ministers (the Minister of Internal Security and Provincial
Administration, the Minister of Foreign Affairs, the Minister
of Justice, National Cohesion, and Constitutional Affairs)
and the PNU-leaning Attorney General was prepared to travel
to Geneva to present the GOK/PNU's rebuttal to Alston's
report.

ODM Forces Coalition Approach
--------------


7. The Orange Democratic Movement (ODM) quickly objected to
the government spokesman's statement, claiming PNU had not
consulted ODM on the statement or on the composition of the
delegation traveling to represent Kenya at the Human Rights
Council. Furthermore, ODM claimed that it supported the
Special Rapporteur's conclusions. Consultations between the
President and Prime Minister ensued, which resulted in
agreement that two ODM ministers would join the GOK's
delegation. Once in Geneva, the ODM ministers pressed the
case that Kenya would not benefit by rejecting the report
categorically, and that the Kenyan public would not accept a
complete denial of a commonly-accepted problem. The two
sides ultimately agreed to a statement whereby the government
acknowledged that extrajudicial killings (especially by
police) are a problem and that significant police reform is
necessary. The government accepted the majority of Alston's
conclusions as "constructive and useful." The government's
major reservations related to the demand that the Police
Commissioner and Attorney General resign or be sacked.

Comment
--------------


8. The GOK's initial rejection, and ultimate acceptance, of
the Special Rapporteur's final report demonstrates, once
again, the divisions and dysfunctional decision-making within
the grand coalition government. The silver-lining is that,
on this issue, the PNU and ODM were able to find common
ground and accept that police reform is needed. This
represents a victory for ODM, which has struggled to make
itself heard on matters relating to the police and military.
The government's acceptance that police reform is needed,
along with continued pressure from the United States and the
international community, increases the chances that the
recently appointed Police Reform Task Force may result in
serious reforms. End Comment.


RANNEBERGER