KENYA Republic of Kenya Jamhuri y Kenya Joined United Nations: 16 December 1963 Human Rights as assured by their constitution Click here Updated 08/18/10
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Nairobi
40,046,566
note: estimates for this country explicitly take into account the effects of excess mortality due
to AIDS; this can result in lower life expectancy, higher infant mortality and death rates,
lower population and growth rates, and changes in the distribution of population by age and
sex than would otherwise be expected (July 2010 est.)
Mwai Kibaki
President since 30 December 2002
President elected by popular vote for a five-year term (eligible for
a second term); in addition to receiving the largest number of votes
in absolute terms, the presidential candidate must also win 25% or
more of the vote in at least five of Kenya's seven provinces and
one area to avoid a runoff; election last held 27 December 2007.
Vice President appointed by the President.
Next scheduled election: December 2012
HEAD OF GOVERNMENT
SELECTION PROCESS
Stephene Kalonzo Musyoka
Vice President
since 10 January 2008
Kibaki's reelection in December 2007 brought charges of vote
rigging from ODM candidate Raila Odinga and unleashed two
months of violence in which as many as 1,500 people died.
UN-sponsored talks in late February produced a powersharing
accord bringing Odinga into the government in the restored
position of prime minister.
DECLARATION OF HUMAN RIGHTS
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Kikuyu 22%, Luhya 14%, Luo 13%, Kalenjin 12%, Kamba 11%, Kisii 6%, Meru 6%, other African 15%, non-African
(Asian, European, and Arab) 1%
Protestant 45%, Roman Catholic 33%, Muslim 10%, indigenous beliefs 10%, other 2%
note: a large majority of Kenyans are Christian, but estimates for the percentage of the population that adheres to Islam or
indigenous beliefs vary widely
Republic with 7 provinces and 1 area; Legal system is based on Kenyan statutory law, Kenyan and English common law, tribal
law, and Islamic law; judicial review in High Court; accepts compulsory ICJ jurisdiction, with reservations; constitutional
amendment of 1982 making Kenya a de jure one-party state repealed in 1991
Executive: President elected by popular vote for a five-year term (eligible for a second term); in addition to receiving the largest
number of votes in absolute terms, the presidential candidate must also win 25% or more of the vote in at least five of Kenya's seven
provinces and one area to avoid a runoff; election last held election last held 27 December 2007 (next to be held in December 2012);
Vice President appointed by the President; Kibaki's reelection in December 2007 brought charges of vote rigging from ODM candidate
Raila Odinga and unleashed two months of violence in which as many as 1,500 people died. UN-sponsored talks in late February
produced a powersharing accord bringing Odinga into the government in the restored position of prime minister.
Legislative: Unicameral National Assembly or Bunge (224 seats; 210 members elected by popular vote to serve five-year
terms, 12 so-called "nominated" members who are appointed by the president but selected by the parties in proportion to their
parliamentary vote totals, 2 ex-officio members)
elections: last held 27 December 2007 (next to be held in December 2012)
Judicial: Court of Appeal (chief justice is appointed by the president); High Court
English (official), Kiswahili (official), numerous indigenous languages
Although the regional hub for trade and finance in East Africa, Kenya has been hampered by corruption and by reliance upon
several primary goods whose prices have remained low. In 1997, the IMF suspended Kenya's Enhanced Structural
Adjustment Program due to the government's failure to maintain reforms and curb corruption. The IMF, which had resumed
loans in 2000 to help Kenya through a drought, again halted lending in 2001 when the government failed to institute several
anticorruption measures. In the key December 2002 elections, Daniel Arap MOI's 24-year-old reign ended, and a new
opposition government took on the formidable economic problems facing the nation. After some early progress in rooting out
corruption and encouraging donor support, the KIBAKI government was rocked by high-level graft scandals in 2005 and
2006. In 2006, the World Bank and IMF delayed loans pending action by the government on corruption. The international
financial institutions and donors have since resumed lending, despite little action on the government's part to deal with
corruption. Post-election violence in early 2008, coupled with the effects of the global financial crisis on remittance and
exports, reduced estimated GDP growth to 2% or lower in 2008 and 2009.
Source: CIA World Factbook (select Kenya)
Prior to the 2002 election, a Memorandum of Understanding (MoU)was agreed between NAK and LDP, which laid the basis
for the two groups to fight the election under the NARC (Rainbow Alliance) banner. The MoU agreed that a new constitution
would be established shortly after the election, which provided for the new role of a strong Prime Minister while weakening the
role of President. Raila Odinga, the leader of LDP, maintains aspirations to become Prime Minister. However, the proposed
new constitution has been modified by the government from what was written by Professor Ghai and amended by the Bomas
committee. This maintains a strong President, who controls a weaker Prime Minister. This has led to a split between NAK and
LDP, with the former campaigning for a 'Yes' vote in the forthcoming referendum on the constitution and the latter a 'No'. Also
supporting a 'No' vote is the majority of Uhuru Kenyatta's KANU party, the sole party of government from independence to
2002. It is possible that the political alignment over the referendum could signal a wider re-alignment before the 2007 elections.
Internal wrangling within the governing coalition has also negatively affected other crucial areas of governance, notably the
planned large-scale privatization of government-owned enterprises.
The 2007 presidential elections were largely believed to have been flawed with international observers stating that they did not
meet regional or international standards. Most observers suggest that the tallying process for the presidential results were
rigged to the advantage of the incumbent president Mwai Kibaki, despite overwhelming indications that his rival and current
Prime Minister of Kenya, Raila Odinga, won the election. In July 2008, exit polls commissioned by the US government were
released, revealing that Odinga had won the election by a comfortable margin of 6%, well outside of the poll's 1.3% margin of
error.
There was significant and widespread violence in the country - Clashes in Kenya (2007–present) - following the
unprecedented announcement of Kibaki as the winner of the 2007 presidential elections. The two rivals were later united in a
grand coalition government following international mediation, led by former UN Secretary-General Kofi Annan, under a power-
sharing National Accord on Reconciliation Act, entrenched in the constitution. Following the agreement, power was shared
between President Mwai Kibaki and Prime Minister, Raila Odinga.
Source: Wikipedia: Politics of Kenya
Kenya served as an important mediator in brokering Sudan's north-south separation in February 2005; Kenya provides shelter
to almost a quarter of a million refugees, including Ugandans who flee across the border periodically to seek protection from
Lord's Resistance Army (LRA) rebels; Kenya works hard to prevent the clan and militia fighting in Somalia from spreading
across the border, which has long been open to nomadic pastoralists; the boundary that separates Kenya's and Sudan's
sovereignty is unclear in the "Ilemi Triangle," which Kenya has administered since colonial times
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDP)
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Refugees (country of origin): 173,702 (Somalia); 73,004 (Sudan); 16,428 (Ethiopia)
IDPs: 250,000-400,000 (2007 post-election violence; KANU attacks on opposition tribal groups in 1990s) (2007)
Widespread harvesting of small plots of marijuana; transit country for South Asian heroin destined for Europe and North
America; Indian methaqualone also transits on way to South Africa; significant potential for money-laundering activity given the
country's status as a regional financial center; massive corruption, and relatively high levels of narcotics-associated activities.
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Report: Kenya
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Kenya has a population of approximately 39 million. It is a republic with a mixed presidential and parliamentary system. It has a
strong president and a prime minister with unclearly defined executive powers. There is a unicameral National Assembly. In 2007
the government held local, parliamentary, and presidential elections. Observers judged the parliamentary and local elections to be
generally free and fair. In the presidential election, the incumbent, President Mwai Kibaki, was proclaimed the winner by a narrow
margin under controversial circumstances. Serious irregularities undermined the integrity of the presidential election results. Raila
Odinga, the main opposition candidate, disputed the results, and violence erupted in sections of Nairobi and opposition strongholds
in Nyanza, Rift Valley, and Coast provinces; approximately 1,333 persons were killed and more than 350,000 displaced between
December 2007 and February 2008. The violence ended in February 2008 when, as the result of an international mediation process,
the two sides agreed to form a coalition government. Under the terms of the agreement, incumbent President Kibaki retained his
office, and Odinga was appointed to a newly created prime ministerial position. The parties also agreed to undertake a series of
constitutional, electoral, and land reforms to address underlying causes of the crisis; these reforms were not completed by year's
end. While civilian authorities generally maintained effective control of the security forces, there were frequent instances in which
the security forces, particularly the police, acted independently.
The following human rights problems were reported:
- abridgement of citizens' right to change their government;
- unlawful killings,
- torture, rape, and use of excessive force by police and the military;
- mob violence;
- police corruption and impunity;
- harsh and life-threatening prison conditions;
- arbitrary arrest and detention;
- arbitrary interference with the home;
- prolonged pretrial detention;
- executive influence on the judiciary;
- restrictions on freedom of speech, assembly, and of the press;
- forced return of refugees and societal abuse of refugees including killing and rape;
- official corruption;
- violence and discrimination against women including female genital mutilation;
- child prostitution and labor;
- trafficking in persons, including allegations of recruitment of child soldiers to fight in Somalia, and minors who were
internally displaced;
- interethnic violence;
- lack of enforcement of workers' rights.
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26 May 2009
HUMAN RIGHTS COUNCIL
Eleventh session
Agenda item 3
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND
CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT
Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston*
MISSION TO KENYA
Summary
The Special Rapporteur visited Kenya from 16 to 25 February 2009 in order to ascertain the types and causes of unlawful killings;
to investigate whether those responsible for such killings are held to account; and to propose constructive measures to reduce the
incidence of killings and impunity. The main focus was on killings by the police, violence in the Mt. Elgon District, and killings in
the post-election period.
Interviews were conducted with Government officials, representatives of civil society, victims and witnesses, in five of the eight
administrative provinces or areas in Kenya, as well as with officials of United Nations agencies and members of the diplomatic
community. Over 100 lengthy witness interviews were conducted. In advance of the mission, the Special Rapporteur reviewed
detailed reports from Government and civil society sources, and during the mission a strong effort was made to hear diverse
perspectives and consider conflicting information in order to arrive at a fair and balanced understanding of the issues.
The Special Rapporteur came to the conclusion that police in Kenya frequently execute individuals and that a climate of impunity
prevails. Most troubling is the existence of police death squads operating on the orders of senior police officials and charged with
eliminating suspected leaders and members of criminal organizations. Such groups harass and kill Kenyans, and strong policing is
required to counter the threat. Carte blanche killing by the police, however, does nothing to eradicate such criminality; rather, it
perpetuates the sense that the police are good at killing and bad at law enforcement. For policing to truly create security, it must be
conducted with respect for the human rights of all, including those of suspects and victims. A lack of police accountability for
killings results from the absence of effective internal or external investigation or oversight mechanisms.
The Special Rapporteur concludes that, in Mt. Elgon, both the Sabaot Land Defence Force militia and the Government’s security
forces are engaged in widespread brutality, including torture and unlawful killings, against Mt. Elgon’s residents. Detailed reports
from a broad range of sources documenting this abuse have not been seriously investigated by the police or the military. Both
groups remain in denial of such abuses and their response to systematic civil society reporting has been to methodically intimidate
human rights defenders and witnesses. Widespread violence followed the general elections held in December 2007. A national
commission of inquiry, chaired by Justice Waki, detailed the circumstances and causes of 1,113 killings that occurred in that
period. The Government deserves significant credit for establishing this successful and independent inquiry. However, despite the
pressing need for measures to address the systemic causes of the violence and to provide accountability for abuses, the
recommendations made by the Waki Commission have yet to be implemented. Those responsible for the post-election violence,
including police force members responsible for extrajudicial executions and officials who organized or instigated violence, remain
immune from prosecution almost 18 months later. Witnesses to many of these killings are terrified to speak out. A witness-
protection programme that has already absorbed significant resources has yet to protect a single witness.
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FREEDOM IN THE WORLD 2010 REPORT
Political Rights Score: 4
Civil Liberties Score: 4
Status: Partly Free
Ratings Change
Kenya’s civil liberties rating declined from 3 to 4 due to the government’s failure to address abuses by the security
forces, including their role in postelection violence in 2008.
Overview
Prominent international leaders criticized the Kenyan government in 2009 for its lack of progress on key reforms. These included
the establishment of a tribunal to investigate postelection violence in 2008, much-needed land reform, a strengthened anticorruption
campaign, and improved accountability for abuses by the security forces.
In late February 2008, Kibaki and ODM presidential candidate Raila Odinga, a Luo, negotiated a compromise agreement in which
Odinga gained the newly created post of prime minister and his party joined Kibaki’s recently formed Party of National Unity (PNU)
in a coalition cabinet.
A Commission of Inquiry into Post-Election Violence, also known as the Waki Commission, began work in June 2008. Its report,
issued in October, concluded that systemic failures in Kenya’s security institutions, governmental impunity, and popular anger were
the primary instigating factors in the crisis. The report called for the creation of a special tribunal to prosecute crimes committed
during the postelection violence, and stated that in the absence of such a tribunal, the names of organizers of the violence should be
sent to the International Criminal Court (ICC) for possible prosecution.
In 2009, the government and legislature made little progress in addressing the postelection violence. Their failure to act prompted
former UN secretary general Kofi Annan, who had overseen negotiations for the 2008 power-sharing deal,to provide the ICC with a
list of alleged perpetrators, although the names were not made public. Also during the year, the parliament rejected Kibaki’s bid to
reappoint the ineffective Aaron Ringera as head of the anticorruption commission, and General Mohammed Hussein Ali was fired as
chief of the police force in the wake of a highly critical UN report on police brutality, though structural reforms to address the root
of the problem were not implemented.
The Kenyan economy in 2009 continued to suffer from high inflation and a serious drought, which affected the important
agricultural sector and caused food and energy shortages. An estimated 10 percent of the population required food aid.
Kenya is an electoral democracy. While there were few claims of irregularities in the December 2007 parliamentary polls, which the
opposition won, reports on the flawed presidential vote highlighted apparent vote rigging and other administrative manipulations that
had the effect of favoring the incumbent, Mwai Kibaki. The election commission nevertheless declared Kibaki the winner, and he
was quickly sworn in. In September 2008, an international commission issued a final report stating that the legitimacy of the
election results was undermined by several factors, including a defective voter registry and widespread fraud. The report also
recommended electoral reforms that have yet to be fully implemented.
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PUBLIC STATEMENT
17 August 2010
Kenya: Important judgement highlights unfairness and cruelty of the Death Penalty in the country
Amnesty International welcomes the judgement delivered on 30 July 2010 by the Court of Appeal of Kenya, declaring mandatory
death penalty for murder as inconsistent with the spirit and letter of the constitution and raising important questions on the
application of the death penalty in the country.
The judgement, delivered unanimously by a three-judges bench, ruled that Section 204 of the Penal Code, which provides for a
mandatory death sentence in murder cases, is “antithetical to the Constitutional provisions on the protection against inhuman or
degrading punishment or treatment and fair trial”, as it does not provide individuals concerned with an opportunity to mitigate their
death sentences.
The cases of the appellant Godfrey Ngotho Mutiso as well as of other prisoners who had been sentenced to death for murder will
now have to be re-examined by the High Court of Kenya, to allow for consideration of mitigating factors in their cases.
The importance of this judgement, however, is not limited to the elimination of mandatory death penalty for murder. While
reaffirming that the Constitution recognises the death penalty as a lawful form of punishment, the judgment highly contributes to
the debate on the issue of capital punishment in Kenya by raising important points.
Further, the Court expressly states that the reasoning behind its rejection of the mandatory death penalty in this case might also
apply to other capital crimes contemplated in the Penal Code, such as treason, robbery with violence and attempted robbery with
violence.
It also raises the question of the “obvious injustice of the death row syndrome,”by making reference to a recent judgment issued by
the Ugandan Constitutional Court which found that prolonged periods on death row amount to cruel, inhuman or degrading
treatment.
The new Constitution, which was approved in a referendum on 4 August 2010, regrettably retains a provision that allows for the
imposition of the death penalty. In the judgment issued on 30 July, the judges observe that “human society is constantly evolving
and therefore the law, which all civilized societies must live under, must evolve in tandem”. While taking note of the retention of the
death penalty in the draft Constitution, the judgement concludes that “the dynamism of society will take care of future
developments.
Amnesty International welcomes the judgment making the mandatory death penalty for murder unconstitutional and urges the
authorities of Kenya to immediately:
-set up procedures to allow for reconsideration by the High Court of the cases of all prisoners who had been mandatorily sentenced
to death for murder;
-amend provisions in the Penal Code allowing for the mandatory imposition of the death penalty for treason, robbery with violence
and attempted robbery with violence;
-establish an official moratorium on executions, in line with United Nations General Assembly resolutions 62/149 and 63/168 and
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Kenya: A Preventable Childbirth Injury That Ruins Lives
Provide Adequate Health Services, Accountability to Prevent, Treat Obstetric Fistula
July 15, 2010
(Nairobi) - Tens of thousands of Kenyan women and girls suffer from obstetric fistula, a childbirth injury causing leakage of urine
and feces, a direct result of inadequate health services and failed government policies, Human Rights Watch said in a report released
today.
The 82-page report, "‘I Am Not Dead, But I Am Not Living': Barriers to Fistula Prevention and Treatment in Kenya," describes the
devastating condition facing women with fistula in Kenya and the wide gap between government's policies to address reproductive
health and the reality of women's daily lives. It documents health system failures in five areas: education and information on
reproductive and maternal health; school-based sex education; access to emergency obstetric care, including referral and transport
systems; affordable maternity care and fistula repair; and health system accountability. It also documents stigma and violence many
fistula sufferers face.
"Many women and girls with fistula endure lives of shame, misery, violence, and poverty," said Agnes Odhiambo, Africa women's
rights researcher at Human Rights Watch. "Preventing fistula and restoring women's health and dignity requires more than good
policies on paper. Kenya needs to keep its promise of decent health care for all."
The risk of obstetric fistula often begins when young girls get pregnant or marry early, before their bodies are safely able to sustain
a pregnancy. This can result in obstructed labor, and if emergency care - often a Caesarean section - is not accessible, the long
labor results in destruction of vaginal tissue and causes a hole - a fistula - and incontinence. One of the factors leading to early
pregnancy and childbearing is the lack of accurate information about sexuality. Human Rights Watch interviewed many girls with
virtually no knowledge about reproductive processes or health.
Kwamboka W., who got pregnant at 13 while in primary school, told Human Rights Watch: "I didn't know anything about family
planning or condoms. I just went once and got pregnant. I still have no idea about contraceptives."
Others told Human Rights Watch they had unprotected sex but thought they would not get pregnant because it was their first time
or because they had irregular menstrual periods.
The report is based on field research conducted by Human Rights Watch in November and December 2009 in hospitals in Kisumu,
Nairobi, Kisii, and Machakos, as well as in Dadaab in March 2010. Researchers interviewed 55 women and girls ranging in age
from 14 to 73, 53 of whom had fistula. Twelve of those with fistula were between the ages of 14 and 18. Human Rights Watch
also interviewed obstetric fistula surgeons, nurses working in hospital fistula wards, hospital administrators, representatives of
nongovernmental organizations working on health and women's rights, government officials, representatives of professional
associations for doctors and nurses, international donors, United Nations representatives, and primary and secondary school
teachers.
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STATEMENT BY THE RIGHT HONOURABLE RAILA ODINGA PRIME MINISTER OF THE REPUBLIC OF KENYA
TO THE GENERAL DEBATE OF THE 64TH SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
FRIDAY, SEPTEMBER 25, 2009
UN HEADQUARTERS, NEW YORK
Mr. President,
Mr. Secretary General,
Your Excellencies,
Distinguished Delegates,
Ladies and Gentlemen,
It gives me great pleasure Mr. President, to congratulate you on the singular honour of your having been chosen for the Presidency
of this 4th Session of the United Nations General Assembly. I would like to assure you of my delegation's fullest support as you
undertake your momentous responsibility to unite member states in pursuing the common goal of a more humane, secure, united
and prosperous world.
I regret to say that my own country is emblematic of the woes unleashed by years of rampant excesses in the global and local
mismanagement of our environment. The melting of the famed ice caps of Mt. Kenya and nearby Mt. Kilimanjaro, the destruction
of vast swathes of our once beautiful forests, the drying of fast-flowing rivers, the intensifying cycles of drought and then the
floods, the spread of Malaria to highland regions as temperature rise — these are all consequences of human action within and
outside our borders. And so the solution also must also entail action on both fronts.
I am very proud to say, Mr. President, that despite the terrible postelection violence and the subsequent multiple reverses which
made reconciliation and reconstruction so much harder, our people have shown an extraordinary maturity and resilience in rising to
their unprecedented challenges. We were able to overcome the election bitterness with an Accord we signed with the help of the
African Union and the Kofi Annan mediation, supported by the United Nations and Secretary General Ban Ki-moon, who personally
visited Kenya at the height of the crisis. Thank you Mr. Secretary General.
Multilateralism in this globalized age is the only sure way to ensure that peace, development and unity prevail at a time when the
world is riven with so many divisions.
We need a genuine partnership among all nations and peoples so that everyone feels he or she is a critical stakeholder in national and
international decision making.
Within democratic nations, each person's vote is equal to the others, regardless of their power or wealth. That is the principle that
must finally be applied to the workings of the entire international system.
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PROPOSALS REGARDING THE HARMONISED DRAFT CONSTITUTION BY THE
KENYA NATIONAL COMMISSION ON HUMAN RIGHTS
Submitted to the Committee of Experts on 15 December 2009
Introduction
1. The Harmonised Draft Constitution (HDC) of 2009 establishes a basis for enabling Kenyans finally to realise their dream of a
new constitutional dispensation. Yet, all Kenyans do need to ensure that the country’s eventual Constitution shall provide seamless
arrangements in the institutions, dispositions and norms which it will establish. The Committee of Experts (CoE), the Parliamentary
Select Committee on the Constitution and other mandated institutions should listen carefully to the proposals which Kenyans are
making so that they may help the country to finally obtain a new Constitution.
2. The Kenya National Commission on Human Rights (KNCHR) wishes to make a number of proposals to strengthen the HDC. The
Commission’s proposals are made in fulfilment of its mandate as the State’s principal human rights agency with mandates and
expertise to advise on human rights issues in the country.
3. The recommendations set out here are informed by five overarching principles which are at the heart of and inform human rights
norms and practice: the principle of transparency and accountability; the principle of equality and nondiscrimination; the principle of
participation and inclusion; the principle of empowerment; and the principle of effectiveness and efficiency. Relationship between
Constitution, policy and enabling legislation
4. The HDC sets out a large number of provisions which are exceedingly prescriptive and hence cannot properly be matters to be
legislated within a Constitution. It provides unnecessarily extensive detail which would be better tackled in enabling legislation or
policy. Provisions in the HDC which should be placed in enabling legislation include large sections in the chapters on the
environment, leadership and integrity, and the provisions on political parties. We recommend that such detail should be left to
legislation. Should the CoE take this approach, the new Constitution would be a far leader, concise and principle-setting document.
The Republic
5. In Article 5 clause (1), we recommend that a schedule be introduced with a map of the territory of Kenya. The map will be the
basis upon which Kenya may interact with international law for purposes of any needed confirmations of what constitutes Kenyan
territory.
6. The intention of Article 8, on access to services, is unclear; and it should either be deleted or redrafted. Is it meant as a directive
to all national organs? In that case, it should be placed as a principle in the chapter on national values, principles and
goals.
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Mon, Aug 02, 2010
A new study reveals that up to 800 teenage girls procure unsafe abortions daily.
The study titled teenage pregnancy and unsafe abortion, conducted by Kenya Human Rights Commission reveals the extent and
gravity of unsafe abortion in which barbaric methods are used.
The study comes just two days to the referendum on the proposed constitution, in which abortion is one of the main contentious
issues.
Speaking during the launch KHRC Deputy Executive Director Tom Kagwe said abortion is prevalent in Kenya despite legal
constraints or religious teachings.
The rights body has consequently called for increased reproductive health awareness and provisions to help save lives.
The study was conducted between March and April in Korogocho slum, in which 65 girls aged between 14-24 years were
interviewed.
92% said they had procured unsafe abortions. The report details horrendous accounts of the pain the girls underwent, the barbaric
means and the unsanitary conditions 80% had their cervix perforated by an object to induce premature labour.
15 % used herbs or tea leaves, while 5% used manual vacuum aspiration. The commission says the penal code is partly to blame.
The report recommends provision reproductive health information for the public to help save lives. Kagwe said that 57 percent of
the women and girls who procured abortions come from urban areas.
Those who procure abortion spend between sh150 to sh 12,000.
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Recent finds near Lake Turkana indicate that hominids like Australopithecus anamensis lived in the area which is now Kenya
from around 4.1 million years ago. More recently, discoveries in the Tugen Hills dated to approximately 6 million years ago
precipitated the naming of a new species, Orrorin tugenensis. Cushitic-speaking people from northern Africa moved into the
area that is now Kenya beginning around 2000 BC. Arab traders began frequenting the Kenya coast around the 1st century
AD. Kenya's proximity to the Arabian Peninsula invited colonization, and Arab and Persian settlements sprouted along the
coast by the 8th century. During the first millennium AD, Nilotic and Bantu peoples moved into the region, and the latter now
comprise three-quarters of Kenya's population. Swahili, a Bantu language with many Arabic loan words, developed as a lingua
franca for trade between the different peoples. Arab dominance on the coast was eclipsed in the 16th century by the arrival of
the Portuguese, whose domination gave way in turn to that of Oman in 1698. The United Kingdom established its influence in
the 19th century. A mean of establishing this influence was through the missionaries: the first Christian mission was founded on
August 25, 1846, by Dr. Ludwig Krapf, a German and missionary of the Church Missionary Society of England, who
established himself among the Mijikenda on the coast. He later translated the Bible to Swahili. The colonial history of Kenya
dates from the establishment of Imperial Germany's protectorate over the Sultan of Zanzibar's coastal possessions in 1885,
followed by the arrival of Sir William Mackinnon's British East Africa Company (BEAC) in 1888, after the company had
received a royal charter and concessionary rights to the Kenya coast from the Sultan of Zanzibar for a 50-year period.
Incipient imperial rivalry was forestalled when Germany handed its coastal holdings to the British Empire in 1890, in exchange
for German control over the coast of Tanganyika. The colonial takeover met occasionally with some strong local resistance:
Waiyaki Wa Hinga, a Kikuyu chief who ruled Dagoretti who had signed a treaty with Frederick Lugard of the BEAC, having
been subject to considerable harassment, burnt down Lugard's fort in 1890. Waiyaki was abducted two years later by the
British and killed. Following severe financial difficulties of the British East Africa Company, the British government in July 1,
1895 established direct rule through the East African Protectorate, subsequently opening (1902) the fertile highlands to white
settlers. A key to the conquest of Kenya's interior was the construction, started in 1895, of a railroad from Mombasa to
Kisumu, on Lake Victoria, completed in 1906. This was to be the first piece of the Uganda Railway. In building the railway the
British had to confront strong local opposition, especially from Koitalel Arap Samoei, a diviner and Nandi leader who
prophesied that a black snake would tear through Nandi land spitting fire, which was seen later as the railway line. For ten
years he fought against the builders of the railway line and train. Later, determined to continue the railway line, the British
assassinated Samoei. The settlers were partly allowed in 1907 a voice in government through the Legislative Council, a
European organism to which some were appointed and others elected. But since most of the powers remained in the hands of
the Governor, the settlers started lobbying to transform Kenya in a Crown Colony, which meant more powers for the settlers.
As a reaction of their exclusion from political representation, the Kikuyu people, the most subject to pressure by the settlers,
founded in 1921 Kenya's first African political protest movement, the Young Kikuyu Association, led by Harry Thuku. From
October 1952 to December 1959, Kenya was under a state of emergency arising from the Mau Mau rebellion against British
colonial rule. Despite British hopes of handing power to more "moderate" African rivals, it was the Kenya African National
Union (KANU) of Jomo Kenyatta, a member of the large Kĩkũyũ tribe and former prisoner under the emergency, which
formed a government shortly before Kenya became independent on December 12, 1963. A year later, Kenyatta became
Kenya's first president on the establishment of a republic. After local and foreign pressure, in December 1991, parliament
repealed the one-party section of the constitution. Multiparty elections in December 1992, gave the President's KANU Party a
majority of seats, and Moi was re-elected for another five-year term, although opposition parties won about 45% of the
parliamentary seats. Kenyan democracy movement did scatter before the elections, which helped KANU to retain power
unilaterally. Further liberalisation in November 1997 allowed the expansion of political parties from 11 to 26. President Moi
won re-election as President in the December 1997 elections, and his KANU Party narrowly retained its parliamentary
majority. Constitutionally barred from running in the December 2002 presidential elections, Moi unsuccessfully promoted
Uhuru Kenyatta, the son of Kenya's first President, as his successor. A rainbow coalition of opposition parties routed the ruling
KANU party, and its leader, Moi's former vice-president Mwai Kibaki, was elected President by a large majority. Kibaki's
NARC coalition splintered in 2005 over the constitutional review process. Government defectors joined with KANU to form a
new opposition coalition, the Orange Democratic Movement, which defeated the government's draft constitution in a popular
referendum in November 2005. Kibaki's reelection in December 2007 brought charges of vote rigging from ODM candidate
Raila Odinga and unleashed two months of violence in which as many as 1,500 people died. UN-sponsored talks in late
February produced a powersharing accord bringing Odinga into the government in the restored position of prime minister.
Source: Wikipedia: History of Kenya

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Raila Amolo Odinga
Prime Minister
since 17 April 2008
None Reported.