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Kenya: Country conditions since the election of the National Rainbow Coalition (NRC), in December 2002; and the present situation of opponents of the Kenyan African National Union (KANU)

In the December 2002 presidential and parliamentary elections the National Rainbow Coalition (NARC), led by Mwai Kibaki, ended 24 years of Kenya African National Union (KANU) rule and the presidency of Daniel arap Moi (Freedom House 16 June 2003; ARB 24 Jan. 2003, 15103). The "stunning defeat" (ibid.) was seen as a victory for human rights and democracy given the new leadership's promises to tackle corruption, economic and social issues, as well as institutional reform (Freedom House 16 June 2003).

The National Rainbow Coalition is comprised of the National Alliance of Kenya (NAK), a coalition of 14 political parties that united in opposition to the KANU government prior to the 2002 elections, and the Liberal Democratic Party (LDP), a grouping of KANU dissidents led by Raila Odinga (ARB 24 Apr. 2003, 15232). The parties signed a memorandum of understanding saying that, if elected, there would be an equal sharing of cabinet positions to be determined at a summit of top NARC officials, and a new prime minister position to be given to Raila Odinga (ibid.; Daily Nation 22 Aug. 2003; see also NARC Web site). However, sources report that since President Kibaki has favoured his Mount Kenya clique by awarding them with the majority of cabinet positions (ARB 24 Apr. 2003, 15232) and is delaying the appointment of a prime minister (Daily Nation 22 Aug. 2003), internal power struggles put the party at risk (KHRC 9 Apr. 2003). Nevertheless, the Kenya Human Rights Commission (KHRC), in its report card for NARC entitled The First 100 Days, says that NARC supporters are generally benefiting as a consequence of their electoral victory and notes that conciliatory gestures to former KANU members have taken place, such as appointments to the civil service and parastatal institutions (9 Apr. 2003).

Regarding the situation of other opponents of former President Moi, the United Nations High Commissioner for Refugees (UNHCR) reported that opponents of the KANU government who had been accused of planning a coup in the early 1990s against Moi, and who had fled "political persecution," were allowed to return to Kenya (29 Aug. 2003). In August 2003, 106 supporters of "'Brigadier'" Odongo, the leader of a rebel group, returned to Kenya from asylum in Uganda with the approval of the NARC government (UNHCR 29 Aug. 2003). UNHCR said that since NARC was elected, "refugees in other countries have either come home on their own, or signalled their intention to return" (ibid.).

Additional information regarding the current situation of opponents of KANU could not be found among the sources consulted by the Research Directorate.

Three reports that comment on the progress of NARC's election promises following several months in office were found among the sources consulted (KHRC 9 Apr. 2003; Freedom House 16 June 2003; BBC 8 Apr. 2003).

In its 9 April 2003 assessment of NARC's first 100 days in office, KHRC refers to President Kibaki as a "committed reformer" and acknowledges the positive steps taken by the government to tackle corruption, distribute power, develop respect for non-governmental organizations and civil society, and "clean up judicial rot." However, the KHRC also expresses dissatisfaction with the government's patronage appointments, the lack of results in its anti-corruption campaign and its limited efforts to control the actions of the police and security forces, adding that "there are far too many extra-judicial killings" (KHRC 9 Apr. 2003). Although the KHRC recognizes that the government has had both successes and failures during its brief tenure in office, it concludes that it has "set a hopeful mood in the country" (ibid.). The human rights organization cautions, however, that the next six months will be decisive (ibid.).

The BBC's assessment of NARC's first 100 days also lists a mix of accomplishments and disappointments (8 Apr. 2003). On the positive side, it notes NARC's policy on free national primary education, prison reforms, anti-corruption measures and the delegation of power by the president to his ministers (BBC 8 Apr. 2003). NARC's failures, according to the BBC report, include a lack of leadership, party in-fighting and large salary increases for members of parliament (ibid.).

In its Freedom in the World 2003 report, Freedom House noted that Kenya's political rights and civil liberties ratings had improved and its status had changed from "not free" to "partly free" elections "due to increased pluralism reflected by the 2002 national election campaign and the resulting rotation of power, and to the greater ability of civil society to affect public policy processes" (16 June 2003). The report provides the following additional observations:

The right of citizens to effectively participate in the political life of the country has been limited, but there are now some emerging positive elements. Despite Kenya's history of authoritarian rule, many basic elements necessary for the development of a democratic political system exist. Political parties are active and vocal. Parliament is the setting for much of the nation's political discourse. A varied and energetic civil society plays an important role in public policy debates (Freedom House 16 June 2003).

Freedom House's report, however, also notes that women continue to face "serious obstacles" to their freedoms, and claims that violence against women is increasing with many offenders going unpunished, in part, because of lenient laws (ibid.).

Regarding freedom of the press and the current safety of journalists, a report by the United Nations Integrated Regional Information Networks (IRIN) says that since no journalist has been killed or imprisoned over the past year, Kenya, for the first time, was absent from a list of countries hostile to journalists issued on World Press Freedom Day (19 May 2003). According to IRIN, David Makali, director of the Media Institute, an independent organization based in Nairobi, stated that the NARC government allows freedom of the press and has "created an atmosphere which poses no direct threat to the physical safety of journalists" (19 May 2003). He cautions, however, that although there is "goodwill" on the part of the government, concrete steps have not yet been taken to reverse laws that restrict press freedom (IRIN 19 May 2003). The same report includes a statement by Information Minister Raphael Tuju, whereby he commits to repealing the "'draconian'" media laws imposed by the KANU regime to ensure that the "press is left to work in a free environment" (ibid.).

On 26 February 2003, IRIN issued a report on the prison reforms being implemented by the NARC government. According to IRIN and other sources, President Mwai Kibaki ordered the release of close to 30 death row inmates and commuted the sentences of 195 death row prisoners to life imprisonment (26 Feb. 2003; EAS 25 Feb. 2003; Daily Nation 13 Mar. 2003; BBC 25 Feb. 2003). The IRIN report suggests that these moves illustrate the government's commitment to follow through with the penal reforms promised in their election campaign (26 Feb. 2003). The report also quotes Gitau Wanguthi, the leader of a human rights organization called Release Political Prisoners (RPP), as saying that the move was a "'good sign'" because it shows that the "'government is committed to the observance of human rights'" (IRIN 26 Feb. 2003). NARC has also opened prisons to reporters and human rights organizations to assess and monitor their conditions on a regular basis (ibid.; EAS 23 June 2003; Daily Nation 10 Apr. 2003).

A task force, which was given a mandate by NARC to assess the feasibility of establishing a truth and reconciliation commission, concluded that the commission be set up immediately to address human rights violations and economic crimes committed in Kenya between 1963 and 2002 (IRIN 7 July 2003); however, Cabinet must endorse the recommendations of the task force before they can be implemented (EAS 17 Aug. 2003). RPP coordinator, Gitau Wanguthi, also commended NARC for its plan to establish a new commission of inquiry because it shows the government's intention to address the issue of impunity (IRIN 13 Feb. 2003).

Enacting a new constitution was another election promise that NARC declared they would implement within the first 100 days in office (IRIN 4 Apr. 2003; ARB 24 Apr. 2003, 15232). Although a draft has been prepared by the Constitution of Kenya Review Commission (CKRC) following a nationwide consultation process (CKRC Sep. 2002) the constitution pledge is five months behind schedule as of September 2003, and, according to The East African Standard, could threaten Kenya's relations with European donors (22 Sept. 2003). The government's delay is also drawing criticism from human rights organizations (IRIN 4 Apr. 2003) as well as certain back-bench members of parliament, since the new constitution would disqualify the aging President from running for a second term (ARB 24 Apr. 2003, 15232).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Africa Research Bulletin: Political, Social and Cultural Series (ARB) [Oxford]. 24 April 2003. Vol. 40, No. 3. "Kenya: Back-Bench Rebellion."
_____. 24 January 2003. Vol. 39, No. 12. "Kenya: Out With the Old... ."

BBC. 25 February 2003. Kariuki Mureithi. "Kenya Frees Death Row Inmates." <http://news.bbc.co.uk/1/hi/world/africa/2799315.stm> [Accessed 24 Sept. 2003]
_____. 8 April 2003. Kariuki wa Mureithi. "Kenya's New Era Assessed." <http://news.bbc.co.uk/2/hi/africa/2926585.stm> [Accessed 24 Sept. 2003]

Constitution of Kenya Review Commission (CKRC). September 2002. "Final Draft Constitution." <http://www.kenyaconstitution.org/index.shtml> [Accessed 25 Sept. 2003]

The Daily Nation [Nairobi]. 22 August 2003. "Raila Under Fire as NARC Calls Summit." <http://allafrica.com/stories/printable/200308220403.html> [Accessed 25 Sept. 2003]
_____. 10 April 2003. Mugo Njeru "Kibaki's Pledge as He Clears 100 Days." <http://allafrica.com/stories/printable/200304100048.html> [Accessed 24 Sept. 2003]
_____. 13 March 2003. Ken Opala. "Convicts Are Likely to Cheat the Hangman." <http://allafrica.com/stories/printable/200303130206.html> [Accessed 24 Sept. 2003]

East African Standard (EAS) [Nairobi]. 22 September 2003. Juma Kwayera. "Donors Wary of Reforms Stalemate." <http://allafrica.com/stories/printable/200309240033.html> [Accessed 24 Sept. 2003]
_____. 17 August 2003. Francis Openda. "Cabinet Approval Sought for Truth and Reconciliation Commission (TRC), Says Minister Kiraitu." (allAfrica.com 18 Aug. 2003) <http://allafrica.com/stories/printable/200308180519.html> [Accessed 24 Sept. 2003]
_____. 23 June 2003. Caleb Muchungu. "Queries Raised Over NARC's Commitment to Human Rights." <http://www.eastandard.net/issue/issue230603007.htm> [Accessed 23 Sept. 2003]
_____. 25 February 2003. Ochieng' Sino. "President Pardons Death Row Prisoners." <http://allafrica.com/stories/printable/200302250367.html> [Accessed 24 Sept. 2003]

Freedom House. 16 June 2003. "Kenya." Freedom in the World 2003: The Annual Survey of Political Rights and Civil Liberities. Edited by Adrian Karatnycky et al. New York: Freedom House. <http://www.freedomhouse.org/research/freeworld/2003/countryratings/kenya.htm> [Accessed 23 Sept. 2003]

Integrated Regional Information Networks (IRIN). 7 July 2003. "Truth, Justice and Reconciliation Commission Recommended." <http://allafrica.com/stories/printable/200307070199.html> [Accessed 24 Sept. 2003]
_____. 19 May 2003. "Kenya: Focus on Press Freedom." <http://www.irinnews.org/print/asp?ReportID=34162> [Accessed 23 Sept. 2003]
_____. 4 April 2003. "Kenya: Government's Stand on Constitution Draws Criticism." <http://www.irinnews.org/print.asp?ReportID=33261> [Accessed 23 Sept. 2003]
_____. 26 February 2003. "Kenya: Feature - Prison Reforms Spark Hope for Human Rights." <http://www.irinnews.org/print/asp?ReportID=32519> [Accessed 23 Sept. 2003]
_____. 13 February 2003. "Kenya: Government Pledges to Investigate Rights Violations." <http://www.irinnews.org/print/asp?ReportID=32285> [Accessed 23 Sept. 2003]

Kenya Human Rights Commission (KHRC), Nairobi. 9 April 2003. The First 100 Days: A Report Card on President Kibaki and NARC. <http://www.khrc.or.ke/updates.asp?id=12> [Accessed 23 Sept. 2003]

United Nations High Commissioner for Refugees (UNHCR). 29 August 2003. "Last Group of Kenyan Exiles Return Home from Uganda." <http://www.unhcr.org/cgi-bin/texis/vtx/rsd/print.html?CATEGORY=NEWS&id=3f4f52af4> [Accessed 24 Sept. 2003]

Additional Sources Consulted

Dialog

Indian Ocean Newsletter (January 2003 - September 2003)

IRB Databases

Internet sites, including:

Africa Online

African Studies Quarterly

AllAfrica.com

Amnesty International (AI)

BBC Africa

Country Reports on Human Rights Practices for 2002. 31 March 2003. United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2002/18209pf.htm>

Global IDP

Human Rights Watch (HRW)

National Rainbow Coalition (NARC). "Memorandum of Understanding." <http://www.narc-kenya.org/>

Relief Web

Transparency International Kenya

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