KHRC Executive Director Atsango Chesoni address the media during the briefing on the monitoring findingsMarch 1, 2013

KHRC ELECTIONS CAMPAIGNS MONITORING REPORT

PRESS STATEMENT

With just three days left before Kenyans go to the polls to conduct the first general elections under a new constitutional dispensation, a number of the key ministries, departments and agencies that are directly involved in the electoral process have assured the Kenyan people that they have put in place sufficient measures to ensure that the polling process will culminate in a credible electoral outcome that will secure a peaceful transition. The Kenya Human Rights Commission (KHRC) has, in the process of monitoring the preparedness of the country to engage in the March 4, 2013 general elections found out that a significant number of positive steps have been and continue to be undertaken towards securing free, fair and peaceful elections.

Prof.Makau Mutua and Ms.Atsango Chesoni addressing the mediaFebruary 16, 2013

Statement Calling Upon Kenyans to Ensure the Integrity of and Accountability for the Upcoming General Elections, 4^th March, 2013

The Kenya Human Rights Commission (KHRC) is issuing this position in light of its mandate of working towards a human rights state and society and within the context of the upcoming general elections scheduled for the 4^th of March, 2013.  The Commission believes that entrenching the culture of constitutionalism especially the implementation of the Constitution of Kenya, pro-people laws and policies and the democratic governance of elections are critical in the realization of this vision.

The upcoming elections are critical as they will be the first under the new constitutional dispensation ushered in by the Constitution of Kenya (2010).  Consequently, they will mark an important new step in the governance of our nation.  They are also the first national elections to be conducted after the tragic violence that occurred in 2007/2008.

The promulgation of the Constitution of Kenya (2010) was an important step in instituting a culture of accountability, respect for the rule of law, protection of human rights and principles of integrity in the governance of Kenya.  Article 3 calls on “every person to respect, uphold and defend” the Constitution. Article 10 of the Constitution provides that national values and principles of governance include: transparency, the rule of law, human rights, non-discrimination and the protection of the marginalized. These values and principles bind all State organs, State officers, public officers and all persons whenever any of them applies or interprets the Constitution, enacts applies or interprets any law; or makes or implements principles of governance.

Furthermore article 73 of the Constitution provides that:

Authority assigned to a State officer is a public trust to be exercised in a manner… that brings honour to the nation and dignity to the office; and promotes public confidence in the integrity of the office.

We note that all elective offices to be contested in the elections are state offices and that therefore our new President, Parliamentarians, Governors and Members of the County Assemblies will be bound by the provisions of Chapter Six of the Constitution and article 73.

We note with regret that, to date, only six individuals have been prosecuted and convicted[1] for their role in the post-election violence and that many Kenyans are still homeless as a result of politically related violence[2].  The issue of justice for victims and survivors of the 2007/2008 post-election violence is yet to be addressed; this amongst other factors therefore casts a shadow over the upcoming general elections.

It is on the basis of the foregoing that we register our strong disagreement with the decision delivered on 15^th February, 2013 by the High Court in Petition Number 552 of 2012 (as consolidated) on the question of the interpretation and enforcement of the leadership and integrity provisions of Chapter Six of the Constitution. We are of the opinion that this decision is erroneous in law and greatly undermines Article 22 of the Constitution.

Specifically, the decision to award costs to the Respondents sets a bad precedent on the conduct of public interest litigation. The ruling on costs is particularly chilling to individual citizens who wish to exercise their right to defend and/or protect the Constitution through courts. The ruling is a complete negation of Article 3, which obligates citizens to defend and protect the Constitution. It is therefore unfortunate that the High Court, having the jurisdiction to interpret the Constitution, chose to abdicate this duty to other constitutional bodies, which have in the past demonstrated their inability and unwillingness to interpret and implement the Constitution, especially in regard to Chapter Six.

We take this opportunity to remind Kenyans that Kenya’s legacy of impunity as manifested in inequality, failed institutions and bad governance practices led to the macabre scenes of violence experienced in the country in 2007/2008. Respect for the Constitution, and in particular the Bill of Rights and Chapter Six on Leadership and Integrity, is therefore absolutely critical to promoting a culture of constitutionalism.

The Kenya Human Rights Commission does not endorse any political party, or alliance of political parties.  The KHRC is committed to the rule of law and respect for human rights.  We therefore reject the election and appointment of any individual credibly implicated in and accused of any crimes and misconduct including crimes against humanity; economic crimes, gross human rights violations, moral turpitude or violations of any provisions of the Constitution. No matter who wins the March 2013 general elections, the KHRC will continue to engage in an active, peaceful campaign against impunity and will undertake a campaign to vindicate the values contained in our Constitution. We therefore call upon Kenyans to ensure that the upcoming elections meet the highest threshold of the rule of law, integrity, transparency, accountability, equality and respect for human rights.

Thank you

Signed:

Professor Makau Mutua, Chairperson, the Kenya Human Rights Commission

Ms. Betty Murungi, Deputy Chairperson, the Kenya Human Rights Commission

Mr. Davinder Lamba, Member of the Board of the Kenya Human Rights Commission

Professor Karuti Kanyinga, Member of the Board of the Kenya Human Rights Commission

Ms. Mumina Konso, Member of the Board of the Kenya Human Rights Commission

Mr. Mwambi Mwasaru, Member of the Board of the Kenya Human Rights Commission

Mr. Tade Aina, Member of the Board of the Kenya Human Rights Commission

Ms. Atsango Chesoni, Executive Director of the Kenya Human Rights Commission

KHRC Executive Director Atsango Chesoni (centre) flanked by Davis Malombe, Deputy Executive Director ( left) and George Morara, Senior Programme Officer speaking at the release of the report on Monday February 11, 2013.PRESS STATEMENT ON KHRC’s INTERIM REPORT ON THE MARCH 4, 2013 GENERAL ELECTIONS

1.  THE SIGNIFICANCE OF THE MARCH 4^TH 2013 GENERAL ELECTIONS

The March 4^th 2013 General Election is the most significant in Kenya’s history yet, for a number of factors:

First, this will be the first General Election under a newly promulgated Constitution of Kenya, 2010 (COK 2010). The COK 2010 offers the true promise to Kenyans for a new socio-economic and political beginning. It is therefore imperative that the persons who will be elected into office at both the county and the national government levels be people who are committed to delivering the governance promise captured in the COK 2010.  

Second, and even more important, the March 4^th 2013 General Elections are the first one to be conducted against the backdrop of the worst form of political violence which saw the country totter dangerously ‘on the brink of the precipice’[1] following the 2007 General Elections.  The forthcoming election are therefore a litmus test for the county as whole on whether it has learned from mistakes of the past and is therefore willing to conduct credible, non-violent, free and fair elections.

In order to advocate for the election of people who will honor and defend the constitution and to discourage a brand of politics that will take Kenya down the precipice path, KHRC set up an Electoral Processes Monitoring Centre (EPMC) in July 2012. From our work in the field over the last six months, we have identified the following as the key issues and early warning indicators that need to be promptly addressed ahead of the General Elections.

1.  KEY FINDINGS, TRENDS AND EARLY WARNING INDICATORS
2.  The Building-up of Politically-Instigated Tension
3.  Covert and Overt Mobilization Along Ethnic Lines
4.  The newly-formed political alliances have introduced new and worrying dynamics of intra and inter-ethnic conflicts. While these alliances (particularly CORD, JUBILEE and AMANI) are based on what is supposed to be mutual political considerations, they have, on the contrary continued to elicit deep-seated ethnic suspicion, especially among the so-called larger communities.  
5. The Re-activation of Illegal Gangs and Militia Groups

Another worrying trend noted by our monitors  is the fact that Kenyans, especially those in areas that were worst affected by the 2007 PEV, are arming themselves and have moved their families to what they consider ‘safer’ areas both as preparatory and safeguard measures against any elections-related violence. Most of those interviewed feel that in case of an outbreak of electoral violence, the police will not be able to guarantee their safety or maintain order. Tension remains high in the poor urban areas where incidences of politicians arming particular ethnic groups in readiness for election chaos were reported.

1.  Violence Against and Intimidation of Women Candidates and Voters

Women candidates continue to receive the brunt of violence and intimidation during the on-going electioneering period. Many of the cases of violence reported between July and December 2012 involved women candidates and women voters. The violence against women is meant to: (i) induce them, through fear, to decline to vie for the respective elective seats (ii) force them to conform with their husbands political preferences.  

In some instances, male opponents have used sexist language and even abuse against women. Other women have been dictated upon on where to register and whom to vote for. A case in point is the transporting of women from one county to register in another county by political aspirants in Nakuru and Kajiado Counties. In Nakuru, Kuresoi North Constituency, at the Kadenyi registration center, our monitors reported an incident where a man was spotted assaulting his wife after she declined to register in Molo Constituency which was her husband’s centre of choice; the husband trailed the woman and accosted her when she had just submitted her documents to the registration clerks. The man allegedly arrived on a motorbike, slapped the woman [wife] and sped away with her on the motorbike.

1.  Use of Hate speech and Unsavory Language  to Fan Inter-Ethnic Conflict

Our monitors confirm the reports that politicians and vernacular radio stations are employing coded language to engage their listeners and incite people and communities against each other during the electioneering period. For example some would say things like: “Our children cannot climb the mountain! Never again!” meaning we will never work with a perceived ‘enemy’ community. Or “our children drowned when we went to the land of water” meaning they suffered when they voted for a perceived ‘enemy’ community.

1. Electoral Processes Malpractices
2.  Allegations of Voter Bribery

Both our monitors and media reports indicate that there are many incidents of bribery of voters mainly through dishing out cash handouts or through ‘treating’ where potential voters are given food or money in order to attend political functions/events.

1.  Use of State Resources

Despite the recent verbal exchanges (through political rallies) between politicians allied to both the CORD and JUBILEE alliances, our monitors have documented cases where politicians from both camps are culpable in the wrongful  use of state resources during the electioneering period.

1.  Distorting or underrating crucial public issues during the Campaigns

There are two glaring cases: First is the attempt to exploit and framing the ICC issue by both the Jubilee and CORD teams as one of the issues for contestation during the campaigns.  Second, is the attempt to exploit land reforms and the attendant injustices out of context and without understanding or appreciating the proposed constitutional, legal and institutional mechanisms to address the same

1.  Institutional Failures and Lack of Adequate Preparations 
2.  Lack of Civic Education for the Voters

An overwhelming number of Kenyans had by the end of 2012, not received sufficient civic or voter education on the choices, procedures and mechanisms they are to face in the upcoming general elections. Responses from prospective voters indicate a poor understanding among voters of elective positions and processes under the new Constitution. The interviews carried out by KHRC monitors revealed that most voters do not understand the basic units of representation they will be voting for, the various elective positions they will be voting for or even the roles of the said elective positions. The dismal levels of voter and civic education are a sure recipe for voter confusion, errors and misunderstanding, all of which are potential fuel for conflict during or after the elections.

1. Lingering Doubts on the IEBC’s Preparedness for the March 4^th General Elections.

The IEBC enjoys considerable support and goodwill from the Kenyan public on its ability to conduct free and fair elections. However, major concerns still remain, especially in regard to the purchase and use of BVR kits promised to eliminate the potential for rigging elections by securing biometric identification of potential voters. There is an absence of clarity concerning how the 15,000 BVR kits will be used to verify the identity of voters in a single day of voting across 25,000 polling stations. Ostensibly, there is a deficit of at least, 10,000 biometric kits if the assumption was that one is to be assigned to each polling station. This raises questions around the efficiency of the logistics  of the BVR kits on the elections day.

1. Questions about the Police’s Capacity to tame or manage politically instigated violence and other violations  

The first concern is with respect to the capacity and level of preparedness by the police service to effectively pre-empt and response to violence emanating from the different hotspots during the nominations, campaigns and possibly during and after the General Elections. Second is the police’s ability to protect human rights monitors and defenders; respond to all incidents and atrocities within the rule of law; respond to and investigate all violations including gender-based violence and ensure accountability in its operations during and after the electoral process.

1.  RECOMMENDATIONS FOR UPCOMING MARCH 4^TH 2013 GENERAL ELECTIONS

In light of the foregoing, we wish to make the following recommendations:

• The Inspector General (IG) of Police should move with speed to restore calm in areas that are currently experiencing insecurity. He should put in place measures that will assure Kenyans that their security will not be at stake simply because of the upcoming general elections. Illegal gangs and militias should not be given a free-hand to terrorize Kenyans and all full and thorough investigation must be carried out so that all those who are behind the arming or re-activation of illegal gangs and militias are brought to book.

• There is an urgent need for IEBC to conduct thorough national voter education, especially on elective positions and on the voting process. The IEBC and the Registrar of Political Parties should implement the elections and political parties’ statutes based on the powers bestowed on them as independent entities. We are a still witnessing an electoral body and a political parties’ regulatory body that are still reluctant to act despite their powers. Hence, even where cases of electoral offenses and malpractices (ranging from voter-bribery to voter treating), the IEBC did nothing to investigate and prosecute the culprits, even where the same were brought to its attention.

• The government should consider providing security or giving priority to security considerations of female aspirants. This will encourage more women to effectively participate in politics without fear of being attacked by hired [mostly male] goons. It’s also important for women aspirants to organize their campaign meetings and inform the police in advance and where necessary, avoid holding impromptu meetings.

• Politicians or political party platforms that use ethnic-mobilization and incitement as avenues for consolidating political support must be exposed and dealt with in accordance with the law. Politicians must make a commitment to Kenyans that they will conduct their campaigns in a peaceful manner and that they are committed to be governed by the law during the campaign period, at the elections day on March 4^th 2013 and after the elections upon the announcement of the elections results. Similarly, media platforms that act as conduits of ethnic incitement must be dealt with in accordance with the law.  

• Finally, all actors, both state and non-state, must work in concert to promote civic awareness around elections and call upon all Kenyans to conduct themselves in accordance with the law during this electioneering period, the at the March 4^th 2013 General Elections and thereafter. 

Signed by:

Atsango Chesoni Chesoni, Executive Director

PRESS STATEMENT

January 16, 2013

STATEMENT OF CONCERN BY HUMAN RIGHTS DEFENDERS ABOUT INCREASED THREATS BEING FACED BY HUMAN RIGHTS DEFENDERS AND JOURNALISTS

We as human rights organisations are gathered here today to express our concern about the increased incidence of threats against human rights defenders.  We have noted with concern over the past six months an increasing trend in threats against human rights defenders.  The incidence of such threats has in the last three months intensified.

In particular we note that individuals and or representatives of institutions that have spoken out on the issues of the ICC and integrity have in particular received threats from senior members of the National Police Service.