[Congressional Record Volume 155, Number 47 (Wednesday, March 18, 2009)]
[Senate]
[Page S3365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                 KENYA

  Mr. FEINGOLD. Mr. President, two human rights defenders, Oscar Kamau 
Kingara and John Paul Oulu, were murdered in the streets of Nairobi, 
Kenya 2 weeks ago. I was deeply saddened to learn of these murders and 
join the call of U.S. Ambassador Ranneberger for an immediate, 
comprehensive and transparent investigation of this crime. At the same 
time, we cannot view these murders simply in isolation; these murders 
are part of a continuing pattern of extrajudicial killings with 
impunity in Kenya. The slain activists were outspoken on the 
participation of Kenya's police in such killings and the continuing 
problem of corruption throughout Kenya's security sector. If these and 
other underlying rule of law problems are not addressed, there is a 
very real potential for political instability and armed conflict to 
return to Kenya.
  In December 2007, Kenya made international news headlines as violence 
erupted after its general elections. Over 1,000 people were killed, and 
the international community, under the leadership of Kofi Annan, 
rallied to broker a power-sharing agreement and stabilize the 
government. In the immediate term, this initiative stopped the violence 
from worsening and has since been hailed as an example of successful 
conflict resolution. But as too often happens, once the agreement was 
signed and the immediate threats receded, diplomatic engagement was 
scaled down. Now over a year later, while the power-sharing agreement 
remains intact, the fundamental problems that led to the violence in 
December 2007 remain unchanged. In some cases, they have even become 
worse.
  Last October, the independent Commission of Inquiry on Post-Election 
Violence, known as the Waki Commission, issued its final report. The 
Commission called for the Kenyan government to establish a special 
tribunal to seek accountability for persons bearing the greatest 
responsibility for the violence after the elections. It also 
recommended immediate and comprehensive reform of Kenya's police 
service. Philip Alston, the U.N. Special Rapporteur on extrajudicial 
killings, echoed that recommendation in his report, which was released 
last month. Alston found the police had been widely involved in the 
post-election violence and continue to carry out carefully planned 
extrajudicial killings. The Special Rapporteur also identified 
systematic shortcomings and the need for reform in the judiciary and 
Office of the Attorney General.
  Despite these official reports, there has been very little action 
toward implementing these recommendations. The Kenyan government has 
not taken steps to establish the special tribunal. The police 
commissioner and attorney general, both heavily implicated in these 
problems, remain in their respective posts. Meanwhile, reported 
scandals involving maize and oil imports suggest that public corruption 
in Kenya remains pervasive and may be getting worse. This is generating 
increased public resentment that can easily be exploited by armed 
militias and turn violent. I am especially worried about these 
heightened hostilities given the tensions expected to surround Kenya's 
census, which is scheduled for later this year and the potential for 
them to flow over into next year's constitutional referendum, and 
ultimately the 2012 general elections.
  There is a lot of talk these days about conflict prevention. I see no 
greater opportunity for conflict prevention in Africa right now than in 
Kenya. The international community needs to coordinate its efforts to 
ensure the Kenyan government addresses these fundamental problems of 
governance and rule of law. The United States has a key role to play in 
this regard, especially given our longstanding and historic partnership 
with Kenya. To that end, I was pleased that FBI Director Robert Mueller 
visited Kenya 2 weeks ago and delivered a very clear message: ``Public 
corruption should be a priority for all investigation and prosecution 
agencies in the country.'' We need to consistently reiterate that 
message and we need to back it up with concrete actions that both 
support reform and sanction individuals found guilty of kleptocracy.
  In the months ahead, Kenya must get more attention from our senior 
government officials. I hope the Obama administration's nominee for 
Assistant Secretary of State for African Affairs will be ready to give 
it that attention and develop an effective strategy for preventing 
conflict there. Allowing the status quo to persist will be far more 
costly in the long run. Kenya is an extremely important country for the 
stability of the Horn of Africa and East Africa; it is a country of 
great talent and entrepreneurship, rich history and diversity. With all 
those strengths, a promising and peaceful future is possible for Kenya 
and we must help its people to attain it.

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