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TITLE:  KENYA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995









                             KENYA


After 9 years as a single-party state led by the Kenya Africa 
National Union (KANU), a 1991 constitutional amendment restored 
multiparty democracy.  However, President Daniel Arap Moi and 
his KANU party continued to dominate the political process.  In 
addition to his role as President, Moi also heads the military, 
university, civil service, and provincial, district, and local 
governance systems.  KANU controls a majority of the National 
Assembly's 200 seats.

The large internal security apparatus includes the police 
Criminal Investigation Department (CID), the paramilitary 
General Services Unit (GSU), and the Directorate of Security 
and Intelligence (DSI).  The CID and DSI investigate criminal 
activity and also monitor persons the State considers 
subversive.  The internal security apparatus committed abuses 
against suspected criminals (including street children) and 
continued to harass opposition politicians and critics of the 
Government.  City council security officers, known as 
"Askaris," also committed abuses against licensed vendors.

The economy includes a well-developed private sector in trade 
and light manufacturing as well as a strong agricultural sector 
that provides food for local consumption and substantial 
exports of coffee, tea, and other commodities.  Tourism 
remained the top foreign exchange earner.  The 1993 economic 
reform program has slowed inflation and expanded trade, while 
price controls have been eliminated, and the official exchange 
rate has aligned with the free market rate.  Future challenges 
to the country's continued improvement are privatization of 
state-owned enterprises and civil service reform.  Although the 
population growth rate declined from 3.7 percent to 2.9 percent 
between 1989 and 1993, unemployment remains high at about 22 
percent.

The Government took some steps to improve its human rights 
practices in 1994.  Nevertheless, serious human rights problems 
persisted.  In June the Attorney General withdrew most charges 
against opposition leaders facing trials.  However, the 
Government continued to intimidate and harass those opposed to 
government/KANU policies and regularly interfered with many 
civil liberties--notably freedoms of speech, press, assembly, 
and association--in attempts to silence critics.  Security 
forces continued to arrest and detain temporarily opposition 
parliamentarians and journalists, harassed voters in several 
by-elections, broke up lawful public gatherings, and flouted 
international labor covenants by quashing attempts by doctors 
and university professors to form unions.  During the year, the 
Police Commissioner acknowledged problems of police brutality 
and domestic violence, both of which remained serious problems.

Ethnic violence in the Rift Valley decreased considerably over 
the past year, following the Government's establishment of 
security zones.  Nevertheless, questions remain about the 
Government's and KANU's roles in fomenting the violence.  After 
initially cooperating with international relief organizations 
to resettle displaced victims of the ethnic violence, late in 
the year the Government forcibly relocated approximately 2,000 
Maela camp residents, calling into question the Government's 
commitment to work cooperatively to resettle the displaced.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including 
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political killings by government 
security forces.  However, in a case with political undertones, 
approximately 45 unidentified assailants raided the home of 
opposition parliamentarian Peter Anyang Nyong'o on March 4 and 
murdered Nyong'o's uncle.  Nyong'o issued a press statement 
implicating the Government in the raid and was subsequently 
temporarily detained by police.  At year's end, five suspects 
arrested in connection with the attack were in custody awaiting 
a trial date.  Six persons were killed in postelection 
violence, although there is no evidence that either the 
Government or the opposition parties were responsible (see 
Section 3).

Substantial evidence dating from 1991 indicates that high-level 
government officials were complicit in instigating and 
promoting the ethnic clashes, which had as of year's end 
claimed over 1,000 lives and displaced 250,000 people (see 
Section 1.g.).

On July 29, the High Court acquitted Jonah Anguka, the former 
Rift Valley provincial commissioner, who had been accused of 
killing Foreign Minister Robert Ouko in 1990.  Although 
presidential confidant Nicholas Biwott had been named as a 
principal suspect, the Attorney General claimed that there was 
insufficient evidence to try him.  (The other principal 
suspect, Hezekiah Oyugi, died of natural causes in 1992.)  The 
Attorney General also ruled out attempts by opposition 
politicians to investigate the murder privately, asserting that 
only he was constitutionally empowered to initiate such 
proceedings.

Kenyan police used excessive lethal force on several occasions 
in attempts to apprehend criminal suspects.  In a widely 
publicized case in August, a police reservist reportedly shot 
and killed a homeless child for attempting to steal a car 
mirror.  After several protests and calls for an inquiry into 
the incident, the authorities charged the reservist with murder 
but had not brought him to trial by year's end.  Police 
reservists have also been implicated in the deaths of five 
other street children.  While most prison deaths stemmed from 
disease and lack of medical care, there was at least one death 
as a result of police brutality.  Charles Ireri Njeru, arrested 
March 29 in Karaba on suspicion of theft, died the following 
day in police custody.  The postmortem report indicated that he 
had died from multiple injuries caused by a blunt object.  The 
authorities arrested two Karaba constables, charged them with 
Njeru's murder, and issued a warrant of arrest for a third 
constable who remained at large.

In late December, the Government had still not made an 
accounting for the death of Jackson Mutonye Ndegwa, who was 
arrested November 2, 1993, after an alleged raid on the Ndeiya 
chief's camp, an arsenal near Nairobi.  The police reported he 
died the following morning of injuries sustained during the 
arrest, although there were credible reports that the police 
had interrogated him the previous night.  At year's end, the 
investigation was ongoing.

The Government still has not taken any steps to punish those 
responsible for the September 1993 beating death of the nephew 
of Central Organization of Trade Unions' Secretary General 
Joseph Mugalla.

Mob violence remained a serious problem in 1994, although there 
are no statistics available on the number of deaths.  The 
Government condemned the practice but has taken no action to 
address the problem, as it treats such incidents as individual 
cases of murder.

     b.  Disappearance

The only alleged disappearance concerned an Islamic Party of 
Kenya (IPK) activist, Mohammed Wekesa, who was arrested in 
August with two other persons in connection with disturbances 
in Mombasa.  Although Wekesa was supposedly released, he has 
not been seen since his arrest.

     c.  Torture and Other Cruel, Inhuman, or Degrading 
         Treatment or Punishment

Despite constitutional provisions and the Police Commissioner's 
June announcement that torture was prohibited and would not be 
tolerated, there continued to be credible reports that the 
police and security forces resorted to torture and brutality.  
Security forces also used severe methods to break up both 
licensed and unlicensed public assemblies.

In particular, police targeted for abuse those connected with 
Koigi Wa Wamwere, the former parliamentarian on trial for his 
alleged raid on the Bahati police station in Nakuru in November 
1993.  In July Nakuru police arrested Wamwere's cousin, 
Geoffrey Kuria Kariuki, on theft charges and beat him 
unconscious with rifle butts, batons, and kicks.  Relatives who 
glimpsed Kariuki during his subsequent 10-day incommunicado 
confinement reported that he had swollen lips, a swollen left 
eye, and a deep wound on the right side of his forehead.  
Police arrested two other associates of Wamwere, Michael Kungu 
and John Kinyanjui, on the same night as Kariuki and likewise 
battered them.  According to the Kenya Human Rights Commission, 
Kungu urinated blood for 2 days as a result of his beating.  At 
year's end, no action had been taken to punish the officers 
responsible for the beatings.

The Government had also taken no disciplinary measures against 
policemen responsible for the abuse of those arrested in 
connection with Koigi Wa Wamwere's alleged police station 
raid.  (Eleven of the original 15 suspects have been cleared of 
all charges.)  The injuries sustained by the suspects included 
open and infected wounds, swelling and bruising at the knee and 
ankle joints, and bleeding from under the toenails.  On 
November 20, 1993, police arrested the physician who examined 
the suspects, searched his office, and detained him for 3 
days.  In response to diplomatic inquiries, the Government 
expressed dissatisfaction with the police officers' explanation 
of the matter and promised an investigation, but by late 
December had provided no information about the results, if any.

Similar diplomatic inquiries were made in the case of six 
suspects whom police tortured following an alleged raid on the 
Ndeiya chief's camp in September 1993.  One of the "Ndeiya 
Six," David Njenga Ngugi, reportedly had his genitals pricked 
with a pin and a toenail removed with pliers.  On June 10, 
Nairobi senior principal magistrate Onesmus Githingi acquitted 
the six suspects and directed the Commissioner of Police, 
Shadrack Kiruki, to take action against the police officers who 
tortured them.  However, at year's end no officers had been 
disciplined.  Moreover, in what appears to have been a punitive 
measure, magistrate Githingi was transferred in September from 
Nairobi to a small rural court in Kituyi.

Police continued to disperse public assemblies brutally.  
According to the Kenyan Human Rights Commission, while breaking 
up a University of Nairobi gathering on February 2, police 
forced one student to jump from a window by throwing a gas 
canister into his room.  In February police injured several 
students while attempting to disband student meetings in 
support of the professors' strike.  The authorities took no 
action to punish offending police officers.

There were also reliable reports of police violence against 
women.  When the League of Women Voters attempted to hold a 
seminar on June 18 in Kirinyaga, approximately 100 armed police 
chased participants from the venue by beating them with clubs.  
In January about 200 women accused police of harassment and 
rape when officers conducted a house-to-house search for 
bandits in Wajir.  In a gender violence workshop hosted by the 
Federation of Women Lawyers (FIDA) in September, Police 
Commissioner Kiruki pledged to work with women's groups like 
FIDA and to implement guidelines for the treatment of women by 
police.  However, at year's end, the police had not yet taken 
any specific action to implement any such guidelines.

Conditions in prisons are life-threatening, due in part to lack 
of resources and in part to the Government's unwillingness to 
address deficiencies in the penal system.  Both male and female 
prisoners are subjected to sexual abuse, severe overcrowding, a 
poor diet, inadequate health care, substandard bedding 
materials, and flooded or unheated cells.  There were several 
hundred deaths in prison in 1994, most of which stemmed from 
disease.  Kenyan prisons do not have resident doctors, and only 
one prison had a doctor permanently assigned to it.  Kenya's 78 
prisons hold approximately 51,000 prisoners, 12,000 of whom are 
awaiting trial.  Rape is a serious problem for both men and the 
more than 3,000 women in prison.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution provides that most persons arrested or 
detained shall be brought before a court "as soon as is 
reasonably practicable," which would be within 24 hours of the 
arrest or from the start of detention.  However, this statute 
does not apply to those detained under the Preservation of 
Public Security Act (PPSA).

The Constitution was amended in 1988 to allow the police to 
hold persons suspected of capital offenses for 14 days before 
charging them in court.  Capital offenses include such crimes 
as murder and treason.  A 1993 amendment to the Penal Code 
excludes weekends and holidays from this 14-day period, 
potentially a significant increase in the time prisoners can be 
held without charge.  In practice, suspects are sometimes held 
incommunicado for 2 to 3 weeks before being brought before a 
court.  Persons arrested and charged are usually allowed access 
to their family and attorney promptly.  However, only family 
members and attorneys may visit detainees at the discretion of 
the State.  For those who have been charged, it is often 
possible to be released on bail with a bond or guarantees of 
return.  In cases where the defendant fails to appear in court, 
the judiciary may issue a warrant for his arrest.

A relic of the colonial period, the Chief's Authority Act 
empowers local officials, called "chiefs," to arrest 
individuals and to restrict a person's movement without trial. 
(The Chief's Act was not formally invoked in 1994 to detain 
anyone, but chiefs occasionally cite the Act to take suspected 
criminals to the police.  Under the Act, chiefs are technically 
not supposed to detain anyone for more than 12 hours.)

The PPSA, on the other hand, allows the State to detain a 
person indefinitely without charges or trial upon a 
determination that it is necessary for the "preservation of 
public security."  This includes "prevention and suppression of 
rebellion, mutiny, violence, intimidation, disorder and crime, 
unlawful attempts and conspiracies to overthrow the Government 
or the Constitution," and several other grounds.  No persons 
were detained under the PPSA in 1994.

In July 1993, the Attorney General created 11 task forces to 
review various sections of the Constitution.  In July 1994, the 
Task Force on the Reform of Penal Laws and Procedures formally 
proposed that statutes relating to criminal investigation, 
arrest, detention, questioning, charge, and bail be 
reexamined.  The Task Force is expected to submit its final 
report by December 1995.

Although the Government held no political detainees at year's 
end, the police continued to detain arbitrarily politicians, 
human rights advocates, journalists, and others who were 
critical of the Government.  In most instances, the police held 
the detainees for several hours and then released them without 
formally charging them.

In August police detained the Vice Chairman of the FORD-Kenya 
(FORD-K) opposition party, James Orengo, for 7 hours at the 
Kisumu police station after he made public statements 
implicating Nicholas Biwott in the 1990 murder of Foreign 
Minister Ouko.  In June police also detained opposition 
parliamentarians Martha Karua and Allan Njeru and Presbyterian 
Bishop David Gitari for 2 hours after disrupting the FIDA 
seminar they were attending in Kirinyaga (see Section 1.c.).  
In September police held Kenyan Human Rights Commission 
executive director Maina Kiai, opposition parliamentarian John 
Wanyange, and 10 others for 6 hours without charge at the 
Naivasha police station for attempting to demonstrate against 
the denial of national identification cards to young Rift 
Valley Kikuyus.

Government security forces continued to arrest and harass 
opposition Members of Parliament (M.P.'s), most often charging 
them with some variation of subversion or holding an unlicensed 
meeting.  The authorities arrested and formally charged a total 
of 15 opposition M.P.'s in 1994, as opposed to 36 in 1993.  
Police arrested FORD-K M.P.'s Mukhisa Kituyi and Musikari Kombo 
in April after they brought relief supplies to a Rift Valley 
displaced persons camp.  The Government characterized the trip 
as an unlicensed meeting in which they "uttered words 
calculated to incite the public against the President."  In 
April police arrested opposition M.P. Joseph Mulusya while he 
was socializing with friends and charged him with participating 
in an unlawful meeting.  In June the Attorney General rescinded 
charges of sedition and subversion against 13 of the arrested 
M.P.'s.  However, in doing so he warned M.P.'s against 
slandering the President in their public remarks.  Two M.P.'s, 
Stephen Ndichu and Kamuiru Gitau, still had cases outstanding 
at year's end.

The police also arrested more than 400 residents of Nakuru 
during periodic arbitrary sweeps.  On February 18, police 
arrested more than 200 young men and women at a bus park in the 
city.  They faced charges of walking in a suspicious manner, 
hawking, shouting to attract passengers, entering into a 
volatile area, and having no national identity cards.  Then in 
May, Nakuru police arrested approximately 200 street salesmen 
in the city center.  A police source later said that theft had 
been increasing and that the arrests were intended to rid the 
town of suspects.

The Government does not use exile as a means of political 
control, but in December the Government effectively expatriated 
Sheik Khalid Balala, a former leader of the Islamic Party of 
Kenya (IPK), when Kenyan Embassy officials in Bonn rejected 
Balala's application for a passport extension.  In 1994 the 
Government also deported a number of foreigners for 
questionable reasons.  In June it deported Dr. Dorothee Von 
Brentano, the Friedrich Naumann Foundation development agency 
representative, after she authorized funding for a political 
opposition party.  In July the Government deported Australian 
training editor John Lawrence after he edited a compilation of 
critical social commentary that ran in the Nation newspaper.

     e.  Denial of Fair Public Trial

The court system consists of a Court of Appeals, a High Court, 
and two levels of magistrates' courts where most criminal and 
civil cases originate.  Judges hear all cases; there is no jury 
system.  Customary law is used as a guide in civil matters 
affecting persons of the same ethnic group as long as it does 
not conflict with statutory law.  In 1989 High Court Justice 
Norbury Dugdale ruled that the courts have no power to enforce 
the "Bill of Rights," which is part of the Constitution.  In 
spite of legal challenges that the ruling effectively subsumes 
the judiciary under the executive branch, his decision has not 
been overruled.

Civilians are tried in civilian courts, and trials are public, 
although some testimony may be held in secret.  There is a 
presumption of innocence, and defendants have the right to 
attend their trial, to confront witnesses, and to present 
witnesses and evidence.

Defendants do not have a right to government-provided legal 
counsel, except in capital cases.  For noncapital charges free 
legal aid is usually not available outside of Nairobi.  (Poor 
people who do not have an attorney are usually found guilty for 
lack of an articulate defense.)  Although defendants generally 
have access to an attorney in advance of trial, defense lawyers 
do not always have access to government-held evidence, since 
the Government can plead the state security secrets clause as a 
basis for withholding evidence.  Military personnel are tried 
by courts-martial, and verdicts may be appealed.  Attorneys for 
military personnel are appointed on a case by case basis by the 
Chief Justice.

Civilians generally have a right to appeal a verdict to the 
Kenyan High Court and ultimately to the Court of Appeal.  
However, these rights were effectively denied in a case 
involving Bedan Mbugua and David Makali, the editor and 
reporter of The People newspaper, and attorney G.B.M. Kariuki 
(see Section 2.a.).  In May the three were arraigned on 
contempt charges after the two journalists published a story 
quoting Kariuki's criticism of a decision delivered by the 
Court of Appeal.  Under Kenyan law, a person must be tried by 
the same court in which he is in contempt.  While Kariuki 
agreed to pay a substantial fine, Mbugua and Makali refused and 
were consequently given prison sentences of several months.

The judiciary is not independent.  The President has extensive 
powers over appointments.  He appoints the Chief Justice, the 
Attorney General, Court of Appeal judges, and, with the advice 
of the Judicial Service Commission, High Court judges.  He also 
has authority to dismiss judges and the Attorney General upon 
the recommendation of a special presidentially appointed 
tribunal.  In 1994 the Office of the President declined to 
renew the contracts of three High Court judges who had 
previously made rulings against the Government.

In September the government-aligned Judicial Service Commission 
transferred senior principal magistrate Onesmus Githingi out of 
Nairobi following his acquittal of the suspects in the "Ndeiya 
Six" case.  Githingi had ruled that the police used torture to 
coerce the confessions of the suspects, who were accused of 
raiding the Ndeiya chief's camp outside Nairobi in September 
1993.

The political trial of Koigi Wa Wamwere began in Nakuru on 
April 12 and was continuing at year's end.  A former M.P. from 
Nakuru, Wamwere has spent the better part of the past 9 years 
in police detention.  He has been targeted by the Government 
because of his popularity among Rift Valley Kikuyus, who are 
considered political rivals of President Moi's Kalenjin tribe.  
The state prosecutor in the trial finished presenting his case 
in September without producing credible evidence tying Wamwere 
to the alleged attack on the Bahati police station in November 
1993.  In November defense attorneys began to present evidence 
that Wamwere was in Nairobi on the night of the alleged raid 
and that police tampered with evidence supposedly confiscated 
from the crime scene.  Leading human rights groups have named 
Koigi Wa Wamwere and his codefendants in the "Bahati Police 
Station" case as probable political prisoners.  The trial 
continues amid news that Wamwere was diagnosed in December with 
bleeding ulcers, which may be connected to the harsh conditions 
of his confinement.  (The trial of Geoffrey Kuria Kariuki and 
two other associates of Wamwere had not commenced by year's 
end.)

There was one instance in which a case was moved to a 
magistrate who consistently ruled in favor of the Government.  
In late December, the authorities arrested several members of a 
Kikuyu religious organization in Laikipia District for tribal 
oathing and later charged them in the Nakuru District Court.  
Contrary to previous years, there were no instances in which 
the Government prevented its critics from filing cases to 
obtain legal redress from harassment.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution permits searches without warrants in certain 
instances "to promote the public benefit," such as in security 
cases.  Although security officials generally obtain judicially 
issued search warrants, at times they conduct searches without 
warrants to apprehend suspected criminals or to seize property 
believed to be stolen.  The courts have admitted evidence 
obtained without search warrants to support convictions.

Security forces employ various means of surveillance, including 
electronic surveillance and a network of informers.  Police 
routinely monitored the activities of political opponents and 
their associates.  In a June letter to the Director of State 
Intelligence, FORD-K M.P. Paul Muite complained that several 
specific vehicles with civilian license plates constantly 
shadowed his movements and that of his family.  Muite, who is 
also the lead defense attorney in the Wamwere case, reported 
that the cars even followed him from Nairobi to the Nakuru 
courtroom and back again--a 4-hour trip.

The Government monitored and intercepted correspondence as 
well.  In August the U.S.-based Robert F. Kennedy Memorial 
Center for Human Rights mailed two packages to the Kenya Human 
Rights Commission.  The local Nairobi post office refused to 
release the packages, claiming that the reports were 
"political" and "hitting at the Government."  In April police 
detained and interrogated an 18-year-old student for several 
hours after police intercepted a letter she had sent to 
opposition M.P. Paul Muite.

City council security officers, or "Askaris," continued to 
destroy the kiosks of licensed and unlicensed vendors in 
several Kenyan cities.  On February 9 and 15, Nairobi Askaris 
demolished and burned a stretch of vendors' booths at the 
Machakos country bus terminal, destroying several thousand 
dollars' worth of property.  On February 16, Askaris beat and 
arrested the chairman of the Vendors' Association when he 
visited the Machakos bus terminal.  Askaris also arrested and 
confiscated goods from vendors at the Kisumu town center in 
February.

Although Kenyans are theoretically free to choose their 
political affiliation, government employees continued to be 
warned to support the ruling party or be fired.  In May the 
Government dismissed a permanent secretary in the Ministry of 
Labor after he reportedly made contact with an opposition party 
member.

     g.  Use of Excessive Force and Violations of Humanitarian 
         Law in Internal Conflicts

Ethnic clashes that began in 1991 have killed over 1,000 
civilians and displaced 250,000 persons.  Violent clashes 
involving several ethnic groups continued throughout the year, 
albeit less frequently than in 1993.  International attention 
has focused on the Kikuyus whom the Maasai forcibly evicted 
from Enoosupukia in Narok district of the Rift Valley and were 
living in displaced persons camps in Maela.  Victims of the 
violence are largely from ethnic groups opposed to the ruling 
party, particularly the Kikuyu, who comprise 21 percent of the 
population.  For example, in the first half of the year, there 
were violent attacks by Maasai directed at Kikuyus in which 
villagers were murdered, houses burned, and property 
confiscated.  At year's end, tensions remained high in Molo and 
sites of other clashes because government efforts to promote 
reconciliation had not been fully successful.

Serious questions remain about the Government's complicity in 
instigating the violence, and on several occasions in 1994 KANU 
and Government officials made statements targeting particular 
ethnic groups that led to renewed violence.  Clashes occurred 
in March in Burnt Forest between Kalenjins and Kikuyus, in June 
in Mombasa between coastal groups and Luos, and in Turkana 
between non-Turkana and Turkana.  All of these followed 
inciteful statements made by government or KANU officials.  The 
Government took no action to disavow or punish those officials 
or others who incited violence.  Reports by several 
organizations, including a special parliamentary committee, the 
Catholic Bishops of Kenya, the National Council of Churches of 
Kenya (NCCK), the National Elections Monitoring Group, the 
Kenya Human Rights Commission, the Robert F. Kennedy Memorial 
Center, and Human Rights Watch/Africa placed primary blame for 
the violence on the Government.  Critics charge that the 
Government initially supported tribal clashes to strengthen its 
hold on power and to prove its assertion that multiparty 
politics will not work in Kenya.

In 1993 the Government announced measures to control the ethnic 
violence by establishing "security zones" in areas hardest hit 
around Molo, Londiani, Elgburgon, and Burnt Forest.  These 
measures were successful in curtailing the violence.  
Regulations introduced in the security zones severely restrict 
entry and movement and grant security forces search and seizure 
rights within the zones.  However, they also authorize security 
forces to shoot to kill in cases in which there was suspicion 
that a crime had occurred, such as illegal entry into the 
security zones.  The regulations also absolve government forces 
from responsibility for death and destruction in the zones by 
specifically prohibiting suits for compensation.  Despite these 
restrictions, there were sporadic reports of violent clashes 
within the security zones.

Citing the provisions of the security zone regulations, the 
Government sought to prevent opposition M.P.'s, domestic and 
international human rights advocates, and most journalists from 
entering the zones, and arrested many who did so.  In early 
1994, the Government reluctantly allowed NGO's working under 
the U.N. Development Program (UNDP) displaced persons program 
and a few others, including diplomatic officials, some access 
to the security zones.  Later in the year, the local 
administration also allowed media representatives to accompany 
important visitors and diplomats to the zones.  The UNDP Rogge 
report, published in September, noted that the Government had 
made an effort to reduce tensions and to resettle those 
displaced.  The report estimated that 30 percent of those 
displaced had been resettled to their villages, that 50 percent 
were in various stages of return, and that another 20 percent 
remained in camps.

In October President Moi instructed the Rift Valley Provincial 
Commissioner to resettle displaced persons resident in camps in 
Maela.  However, local administrators proved unable or 
unwilling to carry out these presidential instructions as 
intended.  They actually resettled over 200 families (out of 
3,000), who, once relocated to unproductive farm land, were not 
given resettlement assistance.  On December 24, the Government 
dismantled the Maela camps and razed the shelters without prior 
notice and without the cooperation of UNDP.  It forcibly 
resettled hundreds of refugees to areas outside Maela who were 
left to fend for themselves.  The Government had restricted 
UNDP and NGO's from entering Maela and participating in the 
resettlement process.  At year's end, the status of the 
displaced remained uncertain.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of expression and the 
press and outlaws discrimination on the grounds of political 
opinion.  Nonetheless, there are restrictions on the exercise 
of free speech.  Freedom of speech is often breached by 
security forces and undercut by broad interpretations of 
antiquated sedition and libel laws.  In his May 31 pledge to 
reconsider subversion and incitement cases, the Attorney 
General cautioned that words or actions critical of the 
President or that could alarm the public or disturb the peace 
were illegal.  The Government has used these provisos as a 
basis for denying opposition parties the right to free speech.  
Similarly, it arrested several opposition leaders on the charge 
that their critical commentary about the Government was 
inciteful.  Despite these forms of government obstruction, the 
political opposition and human rights groups continued to 
present their views to the public.

Radio is the medium through which most Kenyans get their news.  
The Government controls the single radio station and its 
affiliate television station, the Kenyan Broadcasting 
Corporation, which produces both television and radio news.  
They typically avoid stories critical of the Government, give a 
large share of news time to government or ruling party 
functions, and neglect to give anything approaching equal 
coverage to opposition activities.  The ruling party owns a 
second television station, the Kenya Television Network, and a 
government supporter owns a new cable television station.  The 
Information Minister announced in late December that the 
Government would not license any new radio and television 
stations in the near future, even if the Attorney General's 
Task Force on the Press, which is expected to submit its final 
report by mid-1995, recommended radio liberalization.

The print media include three daily newspapers that provide 
extensive coverage of national politics.  Two dailies, the 
Nation and the Standard, cover political issues and print 
articles critical of government policies, though at least one 
former editor has charged that the papers are under pressure to 
self-censor.  The third daily newspaper, the Kenya Times, more 
often reflects the views of the ruling party.  Weekly 
newspapers and magazines, many of which take a more strident 
tone in their criticism of the Government, also have 
substantial audiences.

The printed press remained vibrant and independent, and 
government harassment of the press decreased noticeably after 
midyear.  However, in attempts to silence its critics, the 
Government arrested 18 journalists in 1994 and fined or 
incarcerated them for violating antiquated libel and sedition 
laws.  In the year's most notable case, the Court of Appeal in 
June found Bedan Mbugua, the editor in chief of the weekly 
newspaper, the People; David Makali, a People reporter; the 
publishing company; and human rights attorney G.B.M. Kariuki 
guilty of contempt of court.  The contempt charges arose from 
an article in The People that quoted Kariuki's criticism of the 
same Court of Appeal's decision in a case involving the 
Universities Academic Staff Union (see Section 6.a.).  The 
Court fined Kariuki approximately $10,000, fined Bedan and 
Mbugua each roughly twice that amount, and required them to 
publish apologies.  When Mbugua and Makali refused to 
apologize, the Commissioner of Prisons elected to send them to 
a maximum security prison for 5 and 4 months, respectively.  
The authorities released Mbugua after serving 3 months and 20 
days, and freed Makali after 3 months.

The Government continued its ban on a number of books, 
including a Kiswahili play based on George Orwell's "Animal 
Farm" and a number of works by emigre Kenyan author Ngugi Wa 
Thiong'o.  On January 13, a truckload of armed policemen raided 
Colorprint Limited, a Nairobi publisher, and impounded 15,000 
copies of "Kenya:  Return to Reason," a book by the chairman of 
the FORD-Asili (FORD-A) opposition party, Kenneth Matiba.  The 
following day, the Government announced that the book was a 
"prohibited publication."  In November the authorities arrested 
a Nairobi businessman on a sedition charge for possessing a 
booklet entitled "Patriotic Voices."  At year's end, the 
Attorney General had not given his consent to begin prosecution.

In August the Government withdrew sedition charges against four 
journalists from the Standard newspaper.  It had accused the 
four of publishing a seditious story in March about ethnic 
clashes in the Rift Valley security zone of Molo--a story that 
was later proven untrue.

In 1994 the Government streamlined procedures for accrediting 
representatives of the international media, who by and large 
operated unfettered in Kenya.

In previous years, the Government pressured university students 
and faculty to support the ruling party, but since the 
professors' strike closed down institutions of higher learning 
for the better part of the year, the degree of academic freedom 
was difficult to gauge.  The authorities fired 26 professors 
because of their participation in the walkout, and in March the 
Court of Appeal upheld the firings, effectively denying the 
professors tenure.  Police posted on university campuses 
monitored student and faculty activities.  On several 
occasions, police peaceably dispersed gatherings of professors 
on university grounds but used force to disrupt student 
assemblies (see Section 1.d.).

     b.  Freedom of Peaceful Assembly and Association

Freedom of assembly is provided for in the Constitution, but is 
seriously limited by the Public Order Act, which gives the 
authorities power to control public gatherings.  The Act 
prohibits unlicensed meetings of 10 or more persons without 
approval from the district commissioner.  In theory the law 
does not apply to persons meeting for "social, cultural, 
charitable, recreational, religious, professional, commercial, 
or industrial purposes."  In practice, meetings under almost 
all categories fall under the jurisdiction of the Public Order 
Act.

Throughout 1994, but particularly in the early part of the 
year, the Government restricted the right of peaceful assembly 
by refusing to register meetings.  Between January and May, it 
refused the FORD-K opposition party permits for public rallies 
six times and also disallowed gatherings planned by 
nonpolitical organizations.  In March the district commissioner 
refused the NCCK a permit for a seminar regarding start-up 
business loans for community development projects.

The Government also frequently broke up both licensed and 
unlicensed meetings.  On March 27, administrative police fired 
into the air and used tear gas to disperse people gathered for 
a free eye clinic, just as opposition M.P. George Nyanja began 
to address the crowd.  The parliamentarian had obtained a 
permit for the gathering, but an officer on the scene announced 
that the provincial administration had withdrawn the permit, 
rendering the assembly unlawful.

Armed police dispersed 400 people attending a seminar hosted by 
the FORD-A party at the Limuru conference and training center 
on April 23.  Police entered the conference center's dining 
hall while the participants were at breakfast and ordered them 
to leave the premises immediately.  When arguments ensued 
between the police and the FORD-A leaders, the police used tear 
gas to scatter the crowd.

The authorities were no less forceful in preventing opposition 
leaders from publicly meeting their constituents.  On April 4, 
antiriot police stopped seven FORD-K parliamentarians from 
addressing a large crowd in Homa Bay, forcing them to leave the 
town at gunpoint.  When James Orengo, the party's first vice 
chairman, then attempted to walk back through the town, he was 
blocked by police and forced into his car.  Later in the day, 
police again dispersed crowds in the Rangwe and Ndhiwa 
townships before the seven parliamentarians had an opportunity 
to address them.

In late May, several government officials, including the 
Minister for Education and the Rift Valley Provincial 
Commissioner, announced that the Government would be more 
forthcoming on permits for public assemblies.  The Government 
accordingly licensed a united opposition public meeting held in 
Nairobi in early June.  Individual opposition parties also 
conducted campaign rallies prior to the June 27 parliamentary 
by-elections without government interference.

The Societies Act governs freedom of association; it states 
that every association must be registered or exempted from 
registration by the Registrar of Societies.  Ten political 
parties are currently registered under this statute:  KANU, 
FORD-K, FORD-A, the Democratic Party, the Social Democratic 
Party, the Kenya National Democratic Alliance, the Kenya 
National Congress, Labor Party Democracy, the Kenya Social 
Congress, and the Party of Independent Candidates of Kenya.  
The Government has refused to register the Islamic Party of 
Kenya (IPK), even though the Societies Act nowhere prohibits 
religion-based parties.  The Attorney General has argued that 
registering sectarian parties would contradict the spirit of 
the Act, which proscribes organizations "incompatible with 
peace, welfare, or good order in Kenya."  A secretive 
organization known as the Mau Mau Posterity Party, which claims 
responsibility for anti-Asian propaganda in Kenya's urban 
centers, has not attempted registration.

     c.  Freedom of Religion

Kenya has no state religion, and the Constitution acknowledges 
freedom of worship.  The Government generally does not infringe 
upon religious activities, except to require registration by 
new churches.

     d.  Freedom of Movement Within the Country, Foreign 
         Travel, Emigration, and Repatriation

By law, citizens may travel freely within the country.  
However, ethnic clashes and the establishment of security zones 
restricted the ability of many Kenyans to travel, particularly 
to those parts of the Rift Valley most affected by the violence.

The Government does not generally prohibit emigration of its 
citizens and, in contrast to previous years, did not prevent 
travel abroad by its critics in 1994.  The Government does not 
regard provision of passports to its citizens as a right and 
reserves the authority to issue or deny passports at its 
discretion.

There are 240,000 refugees, mostly from Somalia and Sudan 
living in camps and 100,000 living outside the camps in cities 
and rural areas.  Somalis account for about 80 percent of the 
total refugee population.  Kenya has accepted most asylum 
seekers, though sometimes entry is delayed.  None of these 
refugees has been granted legal permanent residence status.

Following a series of formal warnings, in July the Government  
gave the United Nations High Commissioner for Refugees (UNHCR) 
3 days' notice to close a large refugee camp near a tourist 
area in Mombasa.  Although the Government did not follow 
through with its demand, official pressure to close the camp 
remained strong at year's end.  The UNHCR accepted in principle 
the Government's right to close the camp.

According to Africa Watch and the UNHCR, there continued to be 
credible reports by UNHCR and other relief agencies of rapes of 
Somali refugee women in the North Eastern province.  Unlike 
1993, when most of the rapes took place inside the confines of 
the camps, those reported in 1994 took place outside the 
camps.  They have been directed mostly at young girls herding 
goats or collecting firewood.  Most of the rape incidents are 
believed to be committed by other refugees or bandits operating 
outside the camps.  The incidence of rape decreased 
dramatically in 1994, from an average of 27 down to 9 per 
month, after the UNHCR increased assistance to the women and 
improved security in the camps.  The Government, initially 
stung by allegations of government security involvement and of 
not taking the issue seriously, arrested two individuals in the 
camp identified by the victims.

Refugees living outside the camps are vulnerable to arrest, and 
those who purchase false identification documents and visas put 
themselves even further at risk.  In August the police raided 
Somali communities in an effort to ferret out "illegal 
aliens."  There were credible reports that Somali refugees, as 
well as ethnically Somali Kenyans, were targets for extortion 
and that some were arrested following these sweeps.

Section 3  Respect for Political Rights:  The Right of Citizens 
           to Change Their Government

Kenyan citizens have the legal right to change their government 
through free and fair elections, but their ability to do so has 
yet to be demonstrated fully.  The presidential and 
parliamentary elections of 1992 were marked by violence, 
intimidation, fraud, and other irregularities, but opposition 
candidates nevertheless won 63 percent of the vote.  Diplomatic 
observers viewed the 10 by-elections held in 1994 as generally 
free and fair, despite minor irregularities.

However, the Government continued to harass and intimidate the 
political opposition.  The President exercises sweeping powers 
over the local political structure as well as the National 
Assembly, and the KANU party he heads controlled 118 out of the 
200 National Assembly seats.  The President appoints both the 
powerful provincial and district commissioners, as well as a 
multitude of district and village officials.  At the district 
and village level, these political appointees are responsible 
for security as well as the disbursement of federal development 
funds.

At the national level, the Constitution authorizes the 
President to dissolve the legislature and prohibits Assembly 
debate on issues under consideration by the courts.  This law, 
in conjunction with the Speaker of the Assembly's ruling that 
the subject of the President's conduct is inappropriate for 
parliamentary debate, has severely limited the scope of 
deliberation on many controversial political issues.  M.P.'s 
are entitled to introduce legislation, but in practice it is 
the Attorney General who does so.  As the head of KANU, the 
President also influences the legislative agenda.  He also 
bolstered KANU's majority by acting on his constitutional 
authority to appoint 12 M.P.'s.

Three opposition parties--the DP, FORD-K, and FORD-A--hold the 
majority of the opposition's 82 seats.  KANU used a variety of 
pressure tactics to entice opposition M.P.'s to defect to KANU, 
and by year's end six opposition M.P.'s had done so.  As a 
result, there were 10 by-elections, including 2 forced by the 
death of two M.P.'s.  During the seven by-elections held in 
June, there were credible reports that government and KANU 
officials bribed voters, purchased voter cards, and forcibly 
removed an election observer from a polling station.  There 
were also violent incidents at public rallies prior to the June 
elections involving both opposition and KANU supporters.  
Street skirmishes between supporters of contending parties also 
broke out on the day of two by-elections in October.  A U.S. 
Embassy observer witnessed an assault in front of a polling 
station on a FORD-A candidate, who was later hospitalized.  The 
assailant, who struck the candidate to the ground with repeated 
blows as armed police looked on, came to the polling station in 
a convoy of vehicles escorting the KANU Secretary General.  
Following the announcement of the October election results, in 
which two opposition candidates won parliamentary seats, fights 
erupted again resulting in the deaths of at least six people.

Another round of by-elections were to be held in January 1995, 
following the High Court's decision in November to nullify 
opposition victories in two 1992 parliamentary elections.  The 
Court overturned the results of one election because the 
opposition winner had allegedly administered tribal oaths to 
supporters, although the decision was based on contradictory 
testimony given by witch doctors.

Merus, Kalenjins, Kisiis, Luhyas, Kambas, Taitas, Luos, 
Giriamas, Maasai, Kikuyus, Pokot, and Embus are represented in 
the President's Cabinet.  However, the President is widely 
reputed to rely on an inner circle of advisers drawn mostly 
from his Kalenjin tribe.

Although there are no legal restrictions on the participation 
of women or minorities in politics, the role of women in the 
political process nonetheless remains circumscribed by 
traditional attitudes.  In 1994 there were six female M.P.'s, 
no female cabinet ministers, and one female assistant 
minister.  Within the political opposition, women figure most 
significantly in the Democratic Party, where 25 percent of the 
party's national office holders are women.

Section 4  Governmental Attitude Regarding International and 
           Nongovernmental Investigation of Alleged Violations 
           of Human Rights

Kenya has several well-organized and vocal human rights 
organizations.  Two groups, the Kenya Human Rights Commission 
(KHRC) and Release Political Prisoners (RPP), are particularly 
active and publish regular reports that are often critical of 
the Government's human rights record.  The Institute for 
Education in Democracy continues to monitor parliamentary 
by-elections with generally good cooperation from the Electoral 
Commission.  Legal organizations, such as the Public Law 
Institute, the Kenya Law Society, the International Commission 
of Jurists, and the International Federation of Women Lawyers, 
also cover human rights issues, and a large pool of Kenyan 
attorneys handle pro bono cases for defendants and serve as an 
informal source of human rights information.

President Moi continued to criticize the activities of both 
domestic and international human rights NGO's, and the 
Government targeted several of them for harassment in 1994.  
After the KHRC sent a letter to President Clinton urging 
revocation of Kenya's trade privileges because of the 
Government's refusal to register the University Professors' 
Union, President Moi branded the letter as "treasonous."  
Authorities also intercepted KHRC mail (see Section 1.f.) and 
detained persons participating in KHRC demonstrations.  In 
September Nakuru police arrested 12 RPP members attending the 
trial of Koigi Wa Wamwere and held them incommunicado for 
several days.  When another RPP member visited police 
headquarters to inquire about his colleagues, he too was put in 
incommunicado detention.  The entire group was eventually 
released without charge.

In contrast, human rights organizations have been successful in 
efforts to cooperate with government officials on issues like 
domestic violence.  In September a government-sponsored human 
rights monitoring group hosted a representative from the 
Kennedy Center for Human Rights, and the Kenyan Embassy in the 
United States issued visas to representatives of several 
U.S.-based human rights organizations interested in traveling 
to Kenya.

Section 5  Discrimination Based on Race, Sex, Religion, 
           Disability, Language, or Social Status

The Constitution prohibits discrimination on the basis of a 
person's "race, tribe, place of origin or residence or other 
local connection, political opinions, color, creed."

     Women

The Constitution does not specifically address discrimination 
based on gender, and women continue to face both legal and de 
facto discrimination on several fronts.  For example, women 
cannot legally work at night, which disadvantages female 
employees in hotels, homes, and industries in the export 
processing zones.  According to Kenyan pension law, a widow 
loses her work pension upon remarriage, whereas a man does 
not.  When men and women perform comparable jobs, men often 
receive a higher job classification and therefore better pay.  
Not only do women have difficulty moving into nontraditional, 
professional fields, but they also are promoted more slowly 
than men and bear the brunt of retrenchments.

Kenya's Law of Succession, which governs inheritance rights, 
provides for equal consideration of male and female children.  
In practice, most inheritance issues do not come before the 
courts.  Women are often excluded from extralegal inheritance 
settlements or are given smaller shares than male claimants.  
In a widely publicized trial that focused national attention on 
female inheritance rights, the mother of a recently deceased 
Olympic boxing hero lost her bid to inherit her son's 
professional earnings.

Societal discrimination is most apparent in rural areas, where 
women account for 75 percent of the agricultural work force.  
Rural families are more reluctant to invest in educating girls 
than in educating boys, especially at the higher levels.  The 
number of boys and girls in school are roughly equal at the 
primary and secondary levels, but men outnumber women almost 
two to one in higher education, and literate men significantly 
outnumber literate women.

Violence against women is a serious and widespread problem.  
Police statistics released in 1994 showed that in 1992 there 
were 454 cases of rape, 136 cases of attempted rape, 343 cases 
of indecent assault, 407 cases of defilement (e.g., child 
molestation), and 14 cases of incest.  These statistics are 
probably underreported, however, since social mores deter women 
from going outside their clan or ethnic groups to report sexual 
abuse.  The Government has condemned violence against women, 
and the law carries penalties up to life imprisonment for 
rape.  Still, the rate of prosecution remains low because of 
cultural inhibitions against discussing sex, the fear of 
retribution, the disinclination of police to intervene in 
domestic disputes, and the unavailability of doctors who might 
otherwise provide the necessary evidence for conviction.  
Furthermore, traditional culture permits a man to discipline 
his wife by physical means and is ambivalent about the 
seriousness of rape.  Organizations concerned with women's 
rights charge that the Government is often apathetic and 
flippant about women's issues.  The Attorney General remarked 
in April that a woman could not claim rape against her husband 
under current laws.

     Children

Economic displacement, a high population growth rate, and the 
ethnic clashes have resulted in a large number of homeless 
street children.  Media reports place the number of such 
children nationwide in the tens of thousands, and the 
Government estimates that their number is growing at an annual 
rate of 10 percent.  According to the Attorney General's Task 
Force, these children are typically involved in theft, drug 
running, assault, trespassing, defilement, and property damage, 
and there have been credible reports that the police have 
treated these children inhumanely (see Section 1.a.).

The May report of the Task Force on Children recommended both 
programmatic and legal measures to safeguard the rights of 
children.  A variety of proposed legal remedies are 
incorporated in a new law prospectively called the Children's 
Act.  However, the Attorney General had not presented the draft 
bill in Parliament by year's end.

Despite the Government's stated opposition, female genital 
mutilation (FGM) remains widespread, particularly among Kenya's 
nomadic peoples.  It is usually performed at an early age and 
has been condemned by international health experts as damaging 
to both physical and mental health.  Neither the Government nor 
women's groups have reliable information about the extent of 
the practice, but according to rough estimates the percentage 
of females who have undergone this procedure may be as high as 
50 percent.  The Task Force on Children has recommended 
outlawing this practice, as it endangers the "the survival, 
safety, and development" of the child.

     National/Racial/Ethnic Minorities

According to the 1989 government census, whose figures were 
released in May, the Kikuyu are the largest ethnic community, 
comprising 20.8 percent of the population.  The Luhya, Luo, 
Kamba, and Kalenjin (an amalgamation of 9 small tribes) are the 
next largest, each making up over 11 percent of the population.

The Government continued to discriminate against Rift Valley 
Kikuyus.  According to the Kenya Human Rights Commission, 
provincial authorities have denied national identification 
cards to a substantial number of Kikuyu youths, even though 
they and most of their parents have been born and raised in the 
Rift Valley.  Without identification cards these youths cannot 
marry, attend universities, obtain employment, or register to 
vote.  In addition, the Minister for Local Government, William 
Ole Ntimama, reiterated this year that Kikuyus displaced from 
Enosupukia by the ethnic clashes would not be allowed to 
return.  In various newspaper interviews, Ntimama characterized 
the land titles held by displaced Kikuyus as illegally acquired 
documents.

Asians, or Kenyans of sub-continent descent, have also been 
targets of official and societal prejudice.  The secretary 
general of the FORD-A opposition party, Martin Shikuku, 
announced at a public rally in August that he would kick Asians 
out of the country if he were chosen president.  Anti-Asian 
leaflets, supposedly authored by a group called the Mau Mau 
Posterity (see Section 2.b.), also circulated in Kenya's urban 
centers.  The leaflets reflect a general sense of resentment 
among Kenyan Africans toward the Asian community, which is more 
affluent and reluctant to assimilate African culture.  An 
Indian police reservist's alleged involvement in the shooting 
death of an African street child in August inflamed these 
preexisting racial tensions.

The Government singled out ethnic Somalis as the only ethnic 
group in Kenya required to carry an additional form of 
identification proving that they are Kenyan citizens.  Ethnic 
Somalis, who are overwhelmingly Muslim, must still produce upon 
demand their Kenyan identification card and a second 
identification card verifying "screening."  Both cards are also 
required in order to apply for a passport.  In August the 
police made sweeps through two known Somali communities in 
Nairobi, ostensibly in search of illegal aliens.  They arrested 
many Somali Kenyans during these sweeps.  The presence of large 
numbers of Somali refugees in Kenya has exacerbated the 
problems faced by Kenyan Somalis.

     People with Disabilities

Government policies do not discriminate against people with 
disabilities in employment, education, or other state 
services.  There is no mandated provision of accessibility for 
the disabled to public buildings or transportation.

Section 6  Worker Rights

     a.  The Right of Association

Save for central government civil servants, including medical 
personnel, and university academic staff, all workers are free 
to join unions of their own choosing.  The law provides that as 
few as seven workers may establish a union, provided that 
objectives of the union do not contravene Kenyan law and that 
another union is not already representative of the employees in 
question.  The Government may deregister a union, but the 
Registrar of Trade Unions must give the union 60 days to 
challenge the deregistration notice; an appeal of the 
Registrar's final decision may be brought before the High Court.

President Moi deregistered the Kenya Civil Servants Union in 
1980; since 1989 the Central Organization of Trade Unions 
(COTU) has sought to reverse this decision.  In September 1993, 
16 officials announced formation of their union and demanded 
registration by the Government.  In April the head of the Civil 
Service Commission announced with great fanfare the recognition 
of the Civil Servants Union, but President Moi subsequently 
rescinded the approval (see below).

There are at least 33 unions in Kenya representing 
approximately 350,000 workers, less than 20 percent of the 
country's industrialized work force.  Except for the 150,000 
teachers who belong to the Kenya National Union of Teachers 
(KNUT), which the Government has registered, all other unions 
are affiliated with one central body, the COTU.  The Government 
created COTU in 1965 as the successor to both the Kenya 
Federation of Labor and the Kenya African Workers Congress.  
The 1965 decree establishing COTU gives the President power to 
remove from office the central body's three senior leaders and 
grants nonvoting membership on the Executive Board to a 
representative of the Ministry of Labor as well as of KANU.  
Most secretaries general within COTU, including those who 
staged an abortive "coup" on July 2, 1993, putting into power 
leaders more acceptable to the Government, agreed that any 
COTU-KANU connection was obsolete in the multiparty era.

A High Court decision November 10, 1993, nullified the July 2 
"election," but the coup plotters refused to vacate COTU 
headquarters.  On January 31, however, a three-member panel of 
the Appellate Court confirmed the November 10 decision and 
threatened to jail the Registrar of Trade Unions on contempt of 
court charges should he maintain his refusal to recognize the 
old COTU leadership.  He complied with the order.  Two further 
government-sponsored but unsuccessful attempts to unseat the 
COTU leadership took place in March, and the elected leadership 
remained in office throughout 1994.

The Trade Disputes Act permits workers to strike provided that 
21 days have elapsed following the submission of a written 
report to the Minister of Labor.  The military, police, prison 
guards, and members of the national youth service are precluded 
by law from striking.  Other civil servants, like their private 
sector counterparts, may strike following the 21-day notice 
period (28 days if it is an essential service, e.g., water, 
health, education, air traffic control).  During this 21-day 
period, the Minister may either mediate the dispute, nominate 
an arbitrator, or refer the matter to the Industrial Court, a 
body of five judges appointed by the President, for binding 
arbitration.  Once a dispute is referred to either mediation, 
fact finding, or arbitration, any subsequent strike is 
illegal.  However, Section 28 of the Act gives the Minister of 
Labor broad discretionary power, based on the Minister's 
opinion, to determine the legality of any strike.  The Minister 
in 1994 used this power to declare several strikes illegal, 
although the required notice had been given.  If workers 
attribute dismissals to strike or union activities, they have 
recourse to the Industrial Court.

There were several strikes in 1994, including one by the 
Universities Academic Staff Union (UASU) and one by the Kenya 
Union of Medical Practitioners and Dentists (KUMPD).  The UASU 
strike was the longest in Kenyan history.  Both groups, 
representing government university and hospital staff, struck 
after the Government had refused to register their unions.  The 
Government arrested and dismissed the UASU leadership, and the 
authorities did not reinstate over 20 professors after 
suspending their strike September 28.  KUMPO leaders were 
expelled from their government-provided housing.  After 
suspending their strike September 27, fully qualified doctors-- 
but not necessarily interns--went back to work and received new 
housing.  Although the UASU lost another court case in October, 
both unions continued to press for recognition.

Internationally, COTU is affiliated with both the Organization 
of African Trade Union Unity and the International 
Confederation of Free Trade Unions.  Many of its affiliates are 
linked to international trade secretariats of their choice.

     b.  The Right to Organize and Bargain Collectively

While not having the force of law, the 1962 Industrial 
Relations Charter, executed by the Government, COTU, and the 
Federation of Kenya Employers, gives workers the right to 
engage in legitimate trade union organizational activities.  
Both the Trade Disputes Act and the Charter authorize 
collective bargaining between unions and employers.  Wages and 
conditions of employment are established in the context of 
negotiations between unions and management.  In 1994 the 
Government relaxed wage policy guidelines to permit wage 
increases of up to 100 percent and renegotiation of collective 
agreements.  Collective bargaining agreements must be 
registered with the Industrial Court in order to guarantee 
adherence to these guidelines.  In 1994 about 250 agreements 
were newly signed and registered with the Court.  Some 1 
million workers (union and nonunion) were covered by these 
accords.

The Trade Disputes Act makes it illegal for employers to 
intimidate workers.  Employees wrongfully dismissed for union 
activities are generally awarded damages in the form of lost 
wages by the Industrial Court; reinstatement is not a common 
remedy.  More often, aggrieved workers have found alternative 
employment in the lengthy period prior to the hearing of their 
cases.

Legislation authorizing the creation of export processing zones 
(EPZ's) was passed in November, 1990.  The EPZ Authority 
decided that local labor laws, including the right to organize 
and bargain collectively, would apply in the EPZ's.  However, 
in practice, it grants many exemptions.  For example, the 
Government waived aspects of the law that prevent women from 
working at night because women prevail in a number of 
industries in the zones (see Section 6.e.).  Workers and some 
government officials criticized working conditions in the EPZ's 
in 1994.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution proscribes slavery, servitude, and forced 
labor.  However, under the Chiefs' Authority Act, local 
officials may require people to perform community services in 
an emergency.  This practice did not occur in 1994.  The 
International Labor Organization (ILO) Committee of Experts has 
found these and other provisions of Kenyan law to contravene 
ILO Conventions 29 and 105 concerning forced labor but noted 
the Government's efforts to review the Chiefs' Authority Act.

     d.  Minimum Age for Employment of Children

The Employment Act of 1976 makes the employment in industry of 
children under the age of 16 illegal.  This Act applies neither 
to the agricultural sector, where about 70 percent of the labor 
force is employed, nor to children serving as apprentices under 
the terms of the Industrial Training Act.  Ministry of Labor 
officers nominally enforce the minimum age statute.  Children 
often work as domestics in private homes (including those of 
relatives), in the informal sector, and in family businesses 
and farms (see Section 5).  Given the high levels of adult 
unemployment and underemployment, the employment of children in 
the formal industrial wage sector in violation of the 
Employment Act is not a significant problem.

     e.  Acceptable Conditions of Work

The legal minimum wage for blue-collar workers in the wage 
sector varies by location, age and skills, with 12 separate 
scales.  After a modest May wage increase and considerable 
appreciation of the Kenya shilling (ksh) against the dollar, 
the lowest minimum wages were $37.80 (ksh 1,700) in urban areas 
and $21.22 (ksh 955) in rural areas.  Workers in some 
enterprises claimed that employers force them to work extra 
hours with no overtime pay.  Prices for some basic commodities 
declined in mid-1994, but because of rampant inflation the 
minimum wage was still insufficient to support a family.  Most 
workers relied on second jobs, subsistence farming, or the 
extended family for additional support.

The Regulation of Wages and Conditions of Employment Act limits 
the normal workweek to 52 hours, although some categories of 
workers have a shorter workweek.  Nighttime employees, however, 
may be employed for up to 60 hours a week.  As is the case with 
respect to minimum age limitations, the Act specifically 
excludes agricultural workers from its purview.  An employee in 
the nonagricultural sector is entitled to 1 rest day in a 
week.  There are also provisions for 1 month of annual leave 
and sick leave.  Kenyan law provides that the total hours 
worked (i.e., regular time plus overtime) in any 2-week period 
for night workers may not exceed 144 hours; the limit is 120 
hours for other workers.  The Ministry of Labor is tasked with 
enforcing these regulations and reports of violations are few.

The Factories Act of 1951 sets forth detailed health and safety 
standards; the Act was amended in 1990 to encompass the 
agriculture, service, and government sectors.  The Minister of 
Labor is responsible for enforcement of health and safety 
provisions of the Factories Act.  The 65 health and safety 
inspectors attached to the Ministry of Labor's Directorate of 
Occupational Health and Safety Services have the authority to 
inspect factories and work sites.  As a result of the 1990 
amendments, the Directorate's inspectors may now issue notices 
enjoining employers from practices or activities which involve 
a risk of serious personal injuries.  Previously, only 
magistrates were vested with this authority.  Such notices may 
be appealed to the Factories Appeals Court, a body of four 
members, one of whom must be a High Court judge.  In 1994 the 
Directorate's factory inspections maintained their level, which 
had increased dramatically in 1993.  Work-related accidents and 
illnesses declined slightly.


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