III 110th CONGRESS 2d Session S. RES. 431 IN THE SENATE OF THE UNITED STATES January 25, 2008 Mr. Feingold (for himself, Mr. Sununu, Mr. Cardin, Mr. Kerry, Mr. Brown, Mr. Dodd, Mr. Kennedy, Mr. Menendez, Mr. Durbin, Mrs. Boxer, Mr. Biden, Mrs. Clinton, Mr. Obama, Mr. Harkin, Mr. Coleman, Mr. Hagel, Mr. Brownback, Ms. Snowe, Mr. Levin, Mr. Casey, Ms. Murkowski, Ms. Stabenow, and Ms. Klobuchar) submitted the following resolution; which was referred to the Committee on Foreign Relations January 29, 2008 Committee discharged; considered and agreed to RESOLUTION Calling for a peaceful resolution to the current electoral crisis in Kenya.

Whereas on December 27, 2007, Kenyan citizens went peacefully to the polls to elect a new parliament and a new President and signaled their commitment to democracy by turning out in large numbers, and in some instances waiting in long lines to vote; Whereas election observers reported serious irregularities and a lack of transparency that, combined with the implausibility of the margin of victory, and the swearing in of the Party of National Unity presidential candidate Mwai Kibaki with undue haste, all serve to undermine the credibility of the presidential election results; Whereas the Government of Kenya imposed a ban on live media broadcasts that day, and shortly after the election results were announced, in contravention of Kenyan law, the Government also announced a blanket ban on public assembly and gave police the authority to use lethal force; Whereas subsequent to declaring Mr. Kibaki the winner, the head of the Election Commission of Kenya (ECK) stated that he did not know who won the presidential election; Whereas in the aftermath of the election announcement, significant violence began and continues to flare; Whereas on January 1, 2008, 4 commissioners on the ECK issued a statement which called for a judicial review and tallying of the vote; Whereas the head of the European Union Election Observation Mission stated that “[l]ack of transparency, as well as a number of verified irregularities … cast doubt on the accuracy of the results of the presidential election as announced by the ECK” and called for an international audit of the results; Whereas the Attorney General of Kenya has called for an independent investigation of the tallying of votes and for the votes to be retallied; Whereas observers from the East African Community have called for an investigation into irregularities during the tallying process and for those responsible for such irregularities to be held accountable; Whereas some estimates indicate that at least 700 people have died and as many as 250,000 have been displaced as a result of this violence, which continues; Whereas the economic cost to Kenya of the violence and civil unrest in the wake of the disputed polls is estimated at $1,000,000,000; Whereas the Assistant Secretary of State for African Affairs traveled to Nairobi in an attempt to mediate between the 2 leading presidential candidates and has stated that serious flaws in the vote tallying process damaged the credibility of the process and that the United States should not conduct business as usual in Kenya; and Whereas Kenya has been a valuable strategic, political, diplomatic, and economic partner to those in the subregion, region, and to the United States and has been 1 of the major recipients of United States foreign assistance in sub-Saharan Africa for decades: Now, therefore, be it

That the Senate— (1)commends the Kenyan people for their commitment to democracy and respect for the democratic process, as evidenced by the high voter turnout and peaceful voting on election day; (2)strongly condemns the violence in Kenya; (3)urges all politicians and political parties to immediately desist from the reactivation, support, and use of militia organizations that are ethnic-based or otherwise constituted; (4)calls on the 2 leading presidential candidates to— (A)engage in an internationally brokered dialogue, which results in a new political dispensation that is supported by Kenyan civil society; and (B)respect the will of the Kenyan people; (5)simultaneously— (A)supports a call for electoral justice in Kenya, including a thorough and credible independent audit of election results with the possibility, depending on what is discovered, of a recount or retallying of votes, or a rerun of the presidential elections within a specified time period; and (B)encourages any political settlement to take into account these recommendations; (6)calls on Kenyan security forces to refrain from use of excessive force and respect the human rights of Kenyan citizens; (7)calls for those who are found guilty of committing human rights violations to be held accountable for their actions; (8)calls for an immediate end to the restrictions on the media, and on the rights of peaceful assembly and association; (9)condemns threats to civil society leaders and human rights activists who are working towards a peaceful, just, and equitable political solution to the current electoral crisis; (10)holds all political actors in Kenya responsible for the safety and security of civil society leaders and human rights advocates; (11)calls on the international community, United Nations aid organizations, and all neighboring countries to provide assistance to Kenyan refugees who have fled in search of greater security; (12)encourages others in the international community to work together and use all diplomatic means at their disposal to persuade relevant political actors to commit to a peaceful resolution to the current crisis; and (13)urges the President of the United States to— (A)support diplomatic efforts to facilitate a dialogue between leaders of the Party of National Unity, the Orange Democratic Movement, and other relevant actors; (B)consider the imposition of personal sanctions, including a travel ban and asset freeze on leaders in the Party of National Unity, the Orange Democratic Movement, and other relevant actors who refuse to engage in meaningful dialogue to end the current crisis; and (C)conduct a review of current United States aid to Kenya for the purpose of restricting all nonessential assistance to Kenya, unless all parties are able to establish a peaceful, political resolution to the current crisis, which is credible with the Kenyan people.