[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[Senate]
[Pages 880-881]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE RESOLUTION 431--CALLING FOR A PEACEFUL RESOLUTION TO THE CURRENT 
                       ELECTORAL CRISIS IN KENYA

  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, and Ms. Snowe) submitted the following resolution; which was 
referred to the Committee on Foreign Relations:

                              S. Res. 431

       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
       Resolved, 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;

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       (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.

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