KENYA

EXECUTIVE SUMMARY

Kenya is a republic with an institutionally 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, incumbent 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, Western,
and Coast provinces. Approximately 1,150 persons were killed and more than
350,000 displaced between December 2007 and February 2008, when the two sides
agreed to form a coalition government as a result of international mediation.
Under the terms of the agreement, President Kibaki retained his office, and Odinga
was appointed to a newly created position of prime minister. The parties also
agreed to undertake a series of constitutional, electoral, institutional, and land
reforms to address underlying causes of the crisis. In August 2010 citizens
approved a new constitution in a national referendum, widely considered to be free
and fair. The new constitution includes significant institutional and structural
changes to the government. There were instances in which elements of the
security forces acted independently of civilian control.

The most serious human rights problems were abuses by the security forces,
including unlawful killings, torture, rape, and use of excessive force; mob
violence; and the abridgement of the right of citizens to change their government in
the 2007 election.

Other human rights problems included police corruption; harsh and life-threatening
prison conditions; arbitrary arrest and detention; prolonged pretrial detention;
executive influence on the judiciary and judicial corruption; arbitrary interference
with the home and infringement on citizens’ privacy; restrictions on freedom of
speech, press, and assembly; abuse and forced resettlement of internally displaced
persons (IDPs); abuse of refugees, including killing and rape; official corruption;
violence and discrimination against women; violence against children, including
female genital mutilation (FGM); child prostitution; trafficking in persons;
discrimination against persons with disabilities; interethnic violence;
discrimination based on ethnicity, sexual orientation, and HIV/AIDS status; lack of

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enforcement of workers’ rights; forced and bonded labor, including of children;

and child labor.

Widespread impunity at all levels of government continued to be a serious

problem. The government took only limited action against security forces
suspected of unlawful killings, and impunity in cases of corruption was common.
Although the government took action in some cases to prosecute officials who
committed abuses, impunity--particularly in connection with human rights abuses
connected to post-2007 election violence--was pervasive.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary or Unlawful Deprivation of Life

There were several reports that the government or its agents committed arbitrary
and unlawful killings. The government took only limited action in holding
accountable security forces suspected of unlawfully killing citizens.

Police killed two persons in June while quelling a riot in a refugee camp (see
section 2.d.).

Police killed numerous criminal suspects, often claiming that the suspects violently
resisted arrest or were armed. For example, on January 19, in the middle of a busy
Nairobi highway, three police officers shot and killed three suspected carjackers
who already had surrendered. Authorities suspended the police officers and placed
them under investigation. At year’s end the investigation continued.

On November 3, police reportedly shot and killed five suspected robbers sitting in
a car in traffic in Nairobi. Police claimed that one of the suspects drew a pistol
after officers ordered them to surrender, prompting police to open fire on the car.
On November 4, the Kenyan navy attacked a fishing boat near the Somali border,
resulting in the death of four Kenyan fishermen. The government claimed the boat
refused to stop for inspection. Survivors asserted that the boat was anchored
offshore when the attack occurred and that the attack was unprovoked. Human
Rights Watch (HRW) reported that military personnel beat survivors of the
incident who swam to shore. As of year’s end, the government had not initiated an
investigation.
There were reports that persons died while in police custody or shortly thereafter,
some as a result of torture. For example, on September 16, a 16-year-old boy died
at the Kabete police station, hours after being arrested in connection with a

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robbery. A family member who viewed the body saw multiple injuries. The
Independent Medico-Legal Unit (IMLU), a credible human rights
nongovernmental organization (NGO), conducted a postmortem of the body and
established that the young man died of blows and associated trauma. Police did
not conduct any investigation into the death by year’s end.

In 2008 the government formed the Commission of Inquiry into Postelection

Violence as part of the internationally mediated political settlement. In 2008 the
final commission report recommended that the government establish a special
tribunal to investigate individuals suspected of such violence; however, no local
tribunal was established, and the government did not conduct any investigation.
As a result of government inaction, in December 2010 the International Criminal
Court (ICC) chief prosecutor opened an investigation and subsequently announced
that he had asked a pretrial chamber to issue summonses for six former
government officials on charges of crimes against humanity. Summonses were
issued in March. On August 30, the ICC dismissed an appeal by the government
that challenged the admissibility of the cases against the six. The ICC appeals
chamber ruled that no legal, factual, or procedural error could be discerned in the
pretrial chamber’s decisions in May to proceed with the cases. Specifically, the
appeals chamber found that the government had failed to provide sufficient
evidence to prove that it was conducting its own investigation of the six suspects.
The six individuals were Uhuru Muigai Kenyatta, deputy prime minister and
minister of finance; William Samoei Ruto, former minister of higher education,
science, and technology; Henry Kiprono Kosgey, former minister of
industrialization; Joshua Arap Sang, former head of operations for KASS FM radio
station; Francis Kirimi Muthaura, head of the public service and secretary to the
cabinet; and Mohamed Hussein Ali, police commissioner at the time of the
violence. An ICC decision on whether to confirm charges and proceed to trial
against some or all of the suspects was expected in early 2012.

b. Disappearance

There were no reports of disappearances or politically motivated abductions during

the year.

In October HRW released the report Hold Your Heart--Waiting for Justice in
Kenya’s Mt. Elgon Region, regarding the human rights abuses perpetrated between
2006 and 2008 by government security forces and the Sabaot Land Defense Force
(SLDF), a militia group operating in the Mount Elgon region of western Kenya.
During this period both government security forces and the SLDF committed

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atrocities, including hundreds of killings, the detention of more than 3,000 men,
forced disappearances, torture, and rape. The report, which focused on unresolved
abductions by SLDF militia and enforced disappearances by security forces,
criticized the government for not effectively investigating such abuses or assisting
families with death certificates or official recognition of the missing.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or

Punishment

The constitution and law prohibit such practices; however, the legal code does not
define torture and provides no sentencing guidelines, which functionally bars
prosecution for torture. Police reportedly used violence and torture frequently
during interrogations and as punishment of pretrial detainees and convicted
prisoners. According to IMLU, physical battery was the most common method of
torture used by the police.

Human rights organizations, churches, and the press reported numerous cases of
torture and indiscriminate police beatings.

In November, following two grenade attacks on civilian targets in Garissa and an

improvised explosive device attack on a military convoy in Mandera, police and
soldiers rounded up hundreds of suspects in both towns. HRW reported that some
of these persons suffered broken limbs from beatings by police and soldiers. In the
days following the attacks, suspects were arrested at random. HRW interviewed
individuals who were taken to a Garissa military camp and forced to do exercises,
such as standing on their heads, and were beaten if they could not comply.

As of September IMLU received 218 cases of alleged torture by security forces, 28

of them resulting in death.

IMLU’s National Torture Prevalence Survey Report 2011 for Kenya, released in
November, detailed the results of a nationwide survey on the prevalence of torture,
the definition of which included psychological torture--such as harassment, threats,
and forcing victims to make impossible choices--as well as physical abuse by the
police and other security forces. Data was collected in interviews with members of
public and private organizations and a national survey of 1,200 randomly selected
respondents. In the survey, 23 percent of respondents reported that they had been
tortured, and 29 percent claimed to know someone who had been tortured. Of
victims who reported torture, only 25 percent claimed that action was being taken

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on their complaints. IMLU noted that psychological techniques, as opposed to

physical torture techniques, were gaining in prominence.

Due to a shortage of civilian state prosecutors in the legal system (72 civilian
prosecutors nationwide compared to 315 police prosecutors), police were
responsible for investigating and prosecuting all crimes at the magistrate court
level. Civilian prosecutors handled cases at the high court level. Police routinely
ignored evidence of security force torture provided by IMLU and other human
rights organizations. In most cases authorities did not fully investigate allegations
of torture and did not charge perpetrators.

Police use of excessive force to disperse demonstrators resulted in injuries (see

section 2.b.).

There were allegations that security forces raped female inmates, IDPs, refugees,
and asylum seekers crossing into the country from Somalia (see section 2.d.).

Police harassed and physically and sexually abused street children (see section 6,
Children).

The Truth, Justice, and Reconciliation Commission, whose mandate included the
investigation of alleged cases of torture since independence, collected statements
and held public hearings across the country. A report of its findings was expected
in 2012.

In October 2010 IMLU filed a case against the government at the East Africa
Court of Justice, seeking redress for Mount Elgon residents tortured during
military operations in 2008 (see section 1.b.). In December the government filed
an appeal with the appellate section of the court disputing the jurisdiction of the
court in human rights matters and the timeliness of the case’s filing. The
government’s appeal remained pending at year’s end. Despite evidence of torture
documented by IMLU and HRW from the Mount Elgon and El Wak security
operations in 2008, the government denied that security forces engaged in torture
and refused to prosecute individuals who allegedly participated in torture during
the two operations.

Prison and Detention Center Conditions

Prison and detention center conditions continued to be harsh and life threatening.
A 2009 prison assessment by the Kenya National Commission on Human Rights

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(KNCHR) concluded that torture, degrading and inhuman treatment, unsanitary

conditions, and extreme overcrowding were endemic in prisons. Prison staff
routinely beat and assaulted prisoners. According to media reports, prison officials
also raped female inmates. Fellow inmates also committed rapes. Prisoners
sometimes were kept in solitary confinement far longer than the legal maximum of
90 days.

As of October the Legal Resource Foundation (LRF) reported a total prison

population of 50,608, including 2,672 women and 47,936 men. The country’s 89
prisons had a designed capacity of 22,000 inmates.

In 2010 the LRF attributed poor prison conditions to lack of funding,

overcrowding, inadequate staff training, and poor management. Prison officers,
who received little applicable training, discriminated against prisoners with mental
problems and transgender prisoners.

Prisoners generally received three meals a day, but portions were inadequate, and
sometimes portions were halved as punishment. Water shortages, an issue outside
prisons as well, continued to be a problem. Sanitary facilities were inadequate.
Medical care was poor, particularly for those with tuberculosis or HIV/AIDS.
Supplies of antiretroviral drugs and other medications were inadequate, and
insufficient food lessened the effectiveness of available medicine. Prison hospitals
could not meet the needs of prisoners. Many inmates petitioned the courts for
transfer to outside hospitals, but administrative delays, such as lack of transport,
often delayed court-ordered hospital attention. Prisoners generally spent most of
their time indoors in inadequately lit and poorly ventilated cell blocks. This was
especially true for the one-third of prisoners awaiting trial, as they were not
engaged in any work programs that would allow them to leave their cells.

According to the government, 187 prisoners died during the year, the majority
from infections or other generally preventable causes. Overcrowding, unhygienic
conditions, and inadequate medical treatment contributed to prisoner deaths.

Prisoners and detainees sometimes were denied the right to contact relatives or
lawyers. Family members who wanted to visit prisoners commonly reported
bureaucratic and physical obstacles that generally required a bribe to resolve.
According to the LRF, prisoners had reasonable access to legal counsel and other
official visitors, although there was insufficient space to meet with visitors in
private and conduct confidential conversations.

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In 2010 the LRF reported that prisoners were able to make complaints to the courts
and had the ability to send letters written by paralegals to the court without
appearing personally. There were no prison ombudsmen to handle prisoner
complaints, but some prisons had paralegal clinics, which appeared to decrease the
incidence of abuse (see section 5). Some magistrates and judges also made prison
visits during the year, providing another avenue for prisoners to raise grievances.
In August a group of senior judges, including a deputy chief justice of the Supreme
Court, visited a prison in Mombasa. Inmates were permitted to address the
delegation and raise grievances and request leniency. The KNHRC had a mandate
to visit prisons and investigate allegations of inhumane conditions. According to
the commissioner of prisons, human rights training took place in prisons during the
year. The Department of Prisons had imbedded intelligence officers in the prisons
to report on conditions and any abuse.

In small jails female prisoners were not always separated from males. Conditions
for female inmates in small, particularly rural, facilities were worse than for men.
Female prisoners were often not provided with sanitary towels and underwear.
Civil society activists witnessed young children, women, and men sharing the same
cells. There were 344 children accompanying their mothers or guardians in pretrial
detention. Convicted mothers were not allowed to keep their children unless they
were nursing. The LRF reported that prisons did not have facilities, lessons, beds,
or special food for children, nor did children have access to medical care. Children
born to women in custody had difficulty obtaining birth certificates.

Minors were generally separated from the adult population, except during the
initial detention period at police stations, when adults and minors of both sexes
were often held in a single cell. A 2008 government report on prison conditions
noted that underage female offenders, who were ineligible for transfer to a
minimum security training school, were often housed with adult female prisoners.

Political prisoners and detainees were held with the general prison population and
under the same conditions.

The government permitted prison visits by local human rights groups during the
year.

During the year noncustodial community service programs were instituted to

alleviate prison overcrowding. In addition new prison facilities and housing for
prison staff were built, mental health facilities for offenders were refurbished, and

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bedding and meals for inmates improved, although they still were considered
inadequate by human rights groups.

d. Arbitrary Arrest or Detention

The law prohibits arrest or detention without a court order unless there are
reasonable grounds for believing a suspect has committed or is about to commit a
criminal offense; however, police frequently arrested and detained citizens
arbitrarily.

Role of the Police and Security Apparatus

There was a large internal security apparatus that included the Kenyan National
Police Service (KNPS), its Criminal Investigation Department, which was
responsible for criminal investigations, and the Antiterrorism Police Unit. The
Kenya Administration Police (KAP), which has a strong rural presence throughout
the country, provides security for the civilian provincial administration structure
and has the mandate for border security. The Kenya Wildlife Service is
responsible for security and counterpoaching operations within the national parks,
and the paramilitary General Services Unit (GSU) is responsible for countering
uprisings and guarding high-security facilities. The National Security Intelligence
Service (NSIS) collects intelligence. The KNPS, KAP, and GSU are under the
authority of the Ministry of State for Provincial Administration and Internal
Security. The NSIS is under the direct authority of the president.

Military forces, including the army, navy, and air force, are responsible for the
external defense of the country and support civilian organizations in the
maintenance of order. They are under the authority of the minister of state for
defense.

Police were ineffective and corrupt, and impunity was a problem. There was a
public perception that police often were complicit in criminal activity. In 2008 the
Oscar Foundation Free Legal Aid Clinic Kenya noted that bribery in police
recruitment was a problem. Police often recruited unqualified candidates who had
political connections or who paid bribes, which contributed to poorly conducted
investigations.

Police often stopped and arrested citizens to extort bribes. Press and civil society
groups reported that police continued to resort to illegal confinement, extortion,
physical abuse, and fabrication of charges to accomplish law enforcement

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objectives, as well as to facilitate illegal activities. Police often failed to enter

detainees into police custody records, making it difficult to locate them. The
police practice of requiring an examination and testimony by a single police
physician in the case of victims of sexual assault resulted in substantial barriers to
the investigation and prosecution of sexual violence cases (see section 6, Women).

Instances of witness harassment and resultant witness insecurity continued to

inhibit severely the investigation and prosecution of major crimes. The Witness
Protection Agency was inadequately funded, and doubts about its independence
were common.

Impunity was a major problem. Police officers rarely were arrested and prosecuted
for criminal activities, corruption, or using excessive force. Authorities sometimes
attributed the failure to investigate a case of police corruption or unlawful killing to
the failure of citizens to file official complaints. However, the required complaint
form was available only at police stations, and there was considerable public
skepticism regarding a process that assigned the investigation of police abuse to
the police themselves.

Effective mechanisms to independently investigate security force abuses did not

exist. A 2009 High Court injunction prevents the KNCHR from exercising court
powers (for example, the power to summon witnesses) in investigating cases of
police and judicial misconduct. The ban remained in effect at year’s end.

The government took some steps to curb police abuse. In June a panel drawn from
the Public Service Commission, Police Reform Implementation Committee, Kenya
Anti-Corruption Commission (KACC), and NSIS conducted an integrity test of
2,000 senior police officials on issues related to corruption, mental fitness, and
implementation of the constitution. The test was based on criteria established by
the KACC and NSIS. Results were not made public, and it was unclear whether
any action was taken to remove unfit officers.

In September the government passed legislation to establish a National Police

Services Commission under the authority of an inspector general of police. In
October a seven-member panel began the process of selecting commission
members, who then were to select a police inspector general and two deputy
inspectors general.

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There were numerous instances in which police failed to prevent societal violence.
For example, on July 13, police failed to prevent a mob from killing a man who
attempted to hijack a bus.

Arrest Procedures and Treatment While in Detention

The law provides police with broad powers of arrest. Police may make arrests
without a warrant if they suspect a crime occurred, is happening, or is imminent.
Detainees in noncapital cases must be brought before a judge within 24 hours (or
up to 72 hours if the arrest occurs on a weekend), and detainees in capital cases
must be brought before a judge within 14 days. Nevertheless, authorities
frequently did not respect these rights. The courts dealt with this shortcoming by
considering whether the extent of the denial of constitutional rights of the accused
warranted dismissal of pending charges. In many cases accused persons, including
some charged with murder, were released because they had been held longer than
the prescribed period.

Although the law provides pretrial detainees with the right of access to family
members and attorneys, family members of detainees frequently complained that
access was permitted only on payment of bribes. When detainees could afford
counsel, police generally permitted access to attorneys, but often refused such
access otherwise. There is a functioning bail system, although many suspects
remained in jail for months pending trial because of their inability to post bail.
Individuals charged with offenses that were deemed serious and with capital
offenses are not eligible for bail pending trial.

Arbitrary Arrest: During the year police in Eastleigh routinely targeted Somali
youths, threatening to send them to jail or refugee camps if they did not pay a
bribe. Since few could afford even a modest bribe, many were arrested and
remained in jail unless family or friends raised the bribe money demanded by
police.

Muslim leaders claimed that police indiscriminately arrested Muslims on suspicion

of terrorism and that some suspects subsequently disappeared. Police denied the
allegations.

In September Ugandan prosecutors dropped murder and terrorism charges against

Kenyan human rights activist Al-Amin Kimathi and released him from custody. In
September of the previous year, the Ugandan government arrested and detained
Kimathi and Kenyan attorney Mbuga Mureithi in connection with the July 2010

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Kampala bombings. Kimathi and Mureithi had travelled to Uganda to visit

Kenyans who were in jail after being extradited to Uganda by the Kenyan
government in connection with the bombings. Authorities detained Kimathi in
Uganda for more than a year; they released Mureihi without charge a few days
after his arrest and deported him back to Kenya. Kimathi claimed that the Kenyan
government colluded with the government of Uganda to detain him in Uganda
without due cause. Some Muslims claimed that the arrests were motivated by
Kimathi and Mureithi’s religion and intended to intimidate Muslims.

Pretrial Detention: Lengthy pretrial detention continued to be a serious problem

and contributed to overcrowding in prisons. Approximately 36 percent of inmates
were pretrial detainees. The government claimed that the average time spent in
pretrial detention on capital charges was 16 months; however, there were reports
that many detainees spent two to three years in prison before their trials were
completed. Police from the arresting location are responsible for serving court
summonses and picking up detainees from the prison each time a court schedules a
hearing on a case. Due to a shortage of manpower and resources, however, police
often failed to appear or lacked the means to transport detainees, who then were
forced to await the next hearing of their cases. According to the judiciary,
approximately 800,000 pretrial detainees were awaiting trial, including both civil
and criminal cases.

Amnesty: The president released petty offenders periodically, with the largest
amnesty occurring on December 12, Independence Day. During the year the
president pardoned approximately 7,000 persons. In August, 158 inmates were
released from a Mombasa prison under the auspices of a court commutation of
sentences to community service. In October the chief justice ordered the release of
an additional 270 inmates throughout the country.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary; however, the
executive branch sometimes exercised political influence over the judiciary. The
judiciary was corrupt at all levels.

The president historically had extensive powers over appointments, including the
positions of attorney general, chief justice, and appellate and high court judges.
However, the new constitution provides that key appointments, including those of
chief justice and attorney general, require the approval of parliament. The Judicial

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Services Commission is responsible for making recommendations for the

appointment of judges.

The constitution provides for Kadhi’s courts and states that the “jurisdiction of a
Kadhi’s court shall be limited to … questions of Muslim law relating to personal
status, marriage, divorce, or inheritance in proceedings in which all the parties
profess the Muslim religion and submit to the jurisdiction of the Kadhi’s court.”
There were no other traditional courts. The national courts used the traditional law
of an ethnic group as a guide in personal matters, as long as it did not conflict with
statutory law. Use of traditional law occurred most often in cases of marriage,
death, and inheritance in which there was an original contract based on traditional
law. Citizens may choose between national and traditional law when they enter
into marriage or other contracts; however, the courts determine which kind of law
governs the enforcement of the contract. Some women’s organizations sought to
eliminate traditional law, which often favored men.

The government occasionally used the legal system to harass critics. Local
authorities continued to prosecute a 2008 case against a physician who helped
document allegations of human rights abuses in the Mount Elgon region.

Trial Procedures

Civilians are tried publicly, although some testimony may be given in closed
session. The law provides for a presumption of innocence, and defendants have
the right to attend their trials, confront witnesses, and present witnesses and
evidence in their defense. A defendant’s right to consult with an attorney in a
timely manner generally was respected. However, the vast majority of defendants
could not afford representation and were tried without legal counsel. Indigent
defendants do not have the right to government-provided legal counsel except in
capital cases. The lack of a formal legal aid system seriously hampered the ability
of many poor defendants to mount an adequate defense. Legal aid was available
only in major cities where some human rights organizations, notably the
Federation of Women Lawyers (FIDA), provided it.

Discovery laws are not defined clearly, further handicapping defense lawyers.
Implementation of the high court ruling that written statements be provided to the
defense before trial was slow. Often defense lawyers did not have access to
government-held evidence before a trial. The government sometimes invoked the
Official Secrets Act as a basis for withholding evidence. Defendants can appeal a
verdict to the High Court and ultimately to the Court of Appeals, and, for some

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matters, to the Supreme Court. The legal system does not provide for trial by jury;
judges try all cases.

In treason and murder cases, the deputy registrar of the High Court can appoint
three assessors, who are lay citizens, to sit with a high court judge. Although
assessors render verdicts, their judgments are not binding, and the practice was
being phased out. Defendants’ lawyers can object to the appointment of particular
assessors. A shortage of appropriate assessors frequently led to long delays in
hearing cases.

The police practice of requiring an exam and testimony by the country’s single
police physician in cases of victims of sexual assault resulted in substantial barriers
to the investigation and prosecution of such cases (see section 6, Women).

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

The KNCHR attempted to assert some of the powers of a court, issuing

summonses, ordering the release of prisoners or detainees, requiring payment of
compensation, or providing other legal remedies; however, the government
continued to ignore such summonses and orders. The police routinely refused to
release suspects when ordered to do so by the KNCHR. In 2009 the attorney
general filed a brief with the High Court arguing that the KNCHR should be
stripped of judicial powers. While the court had not issued a final ruling by year’s
end, it issued an injunction barring the KNCHR from convening investigatory
panels with court powers. As a result the KNCHR had no effective means to
investigate cases of police and judicial misconduct. The new constitution provides
that the KNCHR be succeeded by a new entity, the Kenya National Human Rights
and Equality Commission (KNHREC). The authority and powers of the KNHREC
remained undefined at year’s end.

The civil court system can be used to seek damages for victims of human rights
violations, but in practice corruption, political influence over the civil court
system, and chronic backlogs of cases limited access by victims to this remedy.

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Widespread corruption existed at all levels of the civil legal system. Bribes,
extortion, and political considerations influenced the outcomes in large numbers of
civil cases.

Court fees for filing and hearing civil cases effectively barred many citizens from
gaining access to the courts.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, except “to promote public benefit”;
however, authorities sometimes infringed on citizens’ privacy rights. The law
permits police to enter a home without a search warrant if the time required to
obtain a warrant would prejudice an investigation. Although security officers
generally obtained search warrants, they occasionally conducted searches without
warrants to apprehend suspected criminals or to seize property believed stolen.

During the year police raided dozens of homes in the Nairobi slums in search of
suspected members of the banned Mungiki criminal organization.

City council officers and police officers also frequently raided, evicted, or
destroyed the homes and businesses of citizens in slums or other areas where
residents did not hold proper legal title. Residents complained that these actions
often were intended to extort bribes.

In 2009 the government evicted more than 2,000 residents in the Mau Forest from
their homes. Evictees alleged that security forces destroyed property and that the
government failed to provide adequate emergency shelter or promised
compensation. Residents holding title deeds are entitled to compensation. By
year’s end many Mau Forest evictees had not been resettled and still were living in
extremely poor conditions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Status of Freedom of Speech and Press

The constitution provides for freedom of speech and press, but the government
sometimes restricted these rights.

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Freedom of Speech: The government occasionally interpreted laws in such a way

as to restrict freedom of expression. The government monitored many types of
civil society meetings, and individuals were not always allowed to criticize the
government publicly without reprisal. The Ministry of Education, for example,
intimidated reporters and potential whistleblowers during the year to quash
allegations of missing, and likely stolen, funds allocated for free primary
education.

Freedom of Press: The mainstream print media generally remained independent

despite attempts at intimidation by officials and security forces. The mainstream
print media included four daily newspapers, one business-focused daily newspaper,
and numerous regional weekly newspapers with national distribution. There also
were numerous independent tabloid periodicals that appeared irregularly and were
highly critical of the government.

The government occasionally interpreted laws to restrict press freedom, and

officials regularly accused the media of being irresponsible and disseminating
misinformation. There were also reports that politicians paid journalists to avoid
negative coverage or to plant negative coverage of a political opponent.

Of the several television stations operating in Nairobi, the government-owned

Kenya Broadcasting Corporation (KBC) was the only station with a national
network of broadcast and cable television, AM and FM radio, and shortwave
transmission. Although KBC coverage generally was viewed as balanced, its
monopoly on national broadcasting limited the ability of critics of the government
to communicate with the electorate. The disadvantage to government critics posed
by the KBC monopoly on national broadcasting was particularly pronounced in the
period prior to the 2007 general elections.

Violence and Harassment: Security forces harassed members of the media. For
example, in June four state employees working for Wajir District Hospital attacked
Wajir Community Radio journalist Abdi Hassan Hussein for interviewing patients
who complained of poor treatment at the facility.

On August 7, prison guards at Eldoret GK Prison attacked three journalists from

the private broadcaster Nation Television (NTV). The journalists were covering an
escape attempt by six inmates. One of the guards shot at cameraman James
Ng’ang’a, destroying his camera equipment and injuring two of his fingers.
Ng’ang’a was filming prison guards beating NTV reporters Jared Nyataya and
Barnabas Bii. The reporters were covering attempts to recapture the escaped

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inmates, who had hidden in a nearby church. The attack occurred despite orders
from a senior prison officer to allow the journalists to carry out their work.
Authorities did not conduct any investigation into the incident by year’s end.

Censorship or Content Restrictions: Government harassment of journalists

resulted in self-censorship, particularly with respect to stories associated with
corruption, drug trafficking, and crime in which government officials applied
pressure to protect implicated individuals.

Libel Laws/National Security: The government cited national or public security as

grounds to suppress views that were politically embarrassing. According to the
Kenya National Dialogue and Reconciliation Monitoring Project, government
officials often intimidated journalists reporting on the security sector and requested
that they reveal sources. During the year, for example, the government asserted
national security as a basis to pressure journalists reporting on alleged corruption at
the Port of Mombasa. Also, editors at the Star newspaper were reportedly harassed
by officials of the Anti-Terrorism Unit after the newspaper reported on problems
with the unit’s terrorism investigations. No formal charges were pursued by the
government.

Internet Freedom

There were no government restrictions on access to the Internet or credible reports

that the government monitored e-mail or Internet chat rooms. Individuals and
groups could engage in the expression of views via the Internet, including by e-
mail.

In 2009 the government announced that all cell phone users had to provide the
government with their name and identification number for each line owned. This
announcement also affected citizens who accessed the Internet through cell-phone-
based modems, potentially enabling the government to monitor Internet use.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

Unlike in previous years, no publications were known to be banned by the

government.

b. Freedom of Peaceful Assembly and Association

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Freedom of Assembly

Although the constitution and law provide for freedom of assembly, the
government sometimes restricted this right in practice. Organizers must notify
local police in advance of public meetings, which may proceed unless police notify
organizers that the meeting is prohibited. According to the law, authorities may
prohibit such gatherings only if there are simultaneous meetings previously
scheduled for the same venue or if there is a perceived, specific security threat. In
the past, however, police routinely denied requests for meetings filed by human
rights activists and dispersed meetings for which no prohibition had been issued.
Civil society groups noted that when they tried to comply with the licensing policy,
police often refused to issue permits in a timely manner.

Police forcibly dispersed demonstrators. For example, in October the Standard

newspaper reported that administrative police attacked more than 100 protesters
peacefully demonstrating against insecurity in the Longonot area of the Rift
Valley, and numerous persons were injured. Authorities reportedly dismissed one
of the officers who was caught on camera beating an elderly woman into
unconsciousness.

Freedom of Association

The constitution and law provide for freedom of association, and the government
generally respected this right. The Societies Act requires that every association be
registered or exempted from registration by the registrar of societies.

The 2002 ban on membership in the Mungiki criminal organization remained in

effect. The Mungiki espoused political views and cultural practices that were
controversial in mainstream society. The government declared the group a
criminal organization in 2002 because it ran protection rackets, particularly in the
public transportation sector, and harassed and intimidated residents. The Mungiki
had a significant following among the poor and unemployed. Other prohibited
criminal organizations with political or cultural trappings included the Kamjesh,
Chinkororo, Baghdad Boys, Jeshi la Embakasi, Jeshi la Mzee, Amachuma, Sungu
Sungu, the Mombasa Republican Council (MRC), and a local group called “the
Taliban.”

In October the General Services Unit, administrative police, and regular police
officers raided MRC oath-taking and ritual ceremonies, arresting 18 MRC

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members. Observers noted that raids against the MRC, which advocates for
secession of Coast Province, were motivated by political as well as law
enforcement reasons.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at

www.state.gov/j/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of

Refugees, and Stateless Persons

The constitution and law provide for freedom of movement within the country,
foreign travel, emigration, and repatriation, and the government generally
respected these rights. The government generally cooperated with the Office of the
UN High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to IDPs, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: Police routinely stopped vehicles throughout the country

and often solicited bribes. Police frequently required ethnic Somalis to provide
additional identification.

Foreign Travel: Civil servants and members of parliament must obtain

government permission for international travel, which generally was granted.

Internally Displaced Persons (IDPs)

A large number of IDPs still had not returned home after being displaced in
previous years. According to the Kenya Human Rights Commission,
approximately 50,000 IDPs displaced due to ethnic and election-related violence in
the 1990s had not returned home due to fear of renewed violence. Between
200,000 and 250,000 of the 350,000 persons who fled their homes in Rift Valley
Province, Central Province, Nairobi, and other sections of the country as a result of
2008 postelection interethnic violence also had not returned home, according to the
Internal Displacement Monitoring Center. The government’s eviction and
destruction of homes in low income areas during the year resulted in hundreds of
additional IDPs. For example, in October the Kenyan Airport Authority ordered
the bulldozing of homes adjacent to Jomo Kenyatta International Airport in
Nairobi, displacing approximately 500 residents. Flash floods and land disputes

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during the year also resulted in more IDPs. IDPs were concentrated in informal
settlements and camps, with many of those dislocated as the result of 2008
postelection violence concentrated in the Eldoret and Naivasha areas. Living
conditions in such settlements and camps were poor with rudimentary housing and
little public infrastructure or service.

Rapes allegedly perpetrated by IDPs, local residents, and sometimes by police

personnel occurred in IDP camps.

In September UN Special Rapporteur Chaloka Beyani commended the government

for developing a draft IDP policy and for the return and resettlement of some IDPs
affected by postelection violence. Beyani urged the government to adopt the IDP
policy and address the “dire” living conditions and human rights of IDPs, including
persons displaced by the 2007-08 postelection violence and those displaced by
natural disasters and environmental conservation projects.

The government continued to pressure IDPs to return to their homes. In 2008 the
representative of the UN secretary-general for the human rights of IDPs visited the
country and concluded that some returns were not voluntary or based on informed
choices. In a 2008 report the KNCHR found that the government had used
intimidation and force to remove IDPs from camps and had failed to provide
housing, food, and clean water to resettled camp residents. The KNCHR also
found that resettled residents were exposed to sexual violence and harassment.

Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status
for those claiming asylum, and the government coordinated with the UNHCR to
provide assistance and protection to refugees. Drought, famine, and conflict in
Somalia, however, resulted in a massive influx of refugees into the country during
the year. The refugee influx and security threats emanating from Somalia,
particularly those associated with the Dadaab refugee camps, severely strained the
government’s ability to provide security, which impeded the efforts of the UNHCR
and other humanitarian organizations to assist and protect refugees and asylum
seekers.

Although the border with Somalia remained officially closed throughout the year,
the monthly rate of Somali new arrivals into Kenya peaked at approximately
37,000 in August. As of late November, the UNHCR registered more than
176,000 new refugees, 154,000 of whom settled in the Dadaab refugee camps. The

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UNHCR estimated the total number of refugees in the country at more than
600,000, including more than 463,000 at Dadaab, more than 84,000 at the Kakuma
refugee camp, and more than 53,000 in urban areas throughout the country,
including Nairobi.

For several months the government allowed the International Organization for
Migration (IOM) to transport refugees from the border town of Liboi to Dadaab,
which helped to prevent extortion and attacks on refugees. On October 17,
however, the government reiterated that the border was closed, tightened
enforcement measures, stopped registering new refugees at Dadaab, and ordered
the IOM to stop transporting refugees from the border. The government’s actions
followed a series of security incidents and the commencement of the government’s
military incursion into Somalia.

In accordance with the law, which provides for the government to assume
responsibility from the UNHCR for the administration of refugee affairs, in March
the Department of Refugee Affairs (DRA) assumed responsibility for registering
asylum seekers in Dadaab, Kakuma, and Nairobi. The DRA expanded its
registration activities to Malindi and Mombasa later in the year. A significant
registration backlog developed in Dadaab, however, with the influx of refugees
from Somalia. This backlog was eliminated by September, but the government
suspended all registration activities in October. Unrelated to the registration
backlog in Dadaab, in Kakuma there remained a significant backlog in refugee
status determination for all nationalities except Sudanese. The government
recognizes Somalis from south and central Somalia as refugees on a prima facie
basis and therefore does not require a refugee status determination.

During the year the government announced a mass distribution of refugee

identification cards but did not complete the distribution by year’s end. The
government planned to take responsibility for refugee status determination from
the UNHCR as well, although it had not done so by year’s end.

During the year the government permitted the opening of two additional camps in
the Dadaab area, bringing to five the number of camps comprising the refugee
complex. Despite the additional facilities, overcrowding remained a problem. The
government did not open the Liboi registration center for Somali asylum seekers,
despite multiple promises to the contrary. Although the government allowed both
the Ifo 2 and Kambioos camps to receive refugees, it refused to provide official
recognition and support to the Kambioos facility. The UNHCR moved refugees
from the outskirts of the existing camps to plots in the new camps. This process

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stopped in late October, following security incidents. Cholera, meningitis, and

measles outbreaks were reported in Dadaab. Malnutrition rates in the camps
increased during the year due to the arrival of famine-affected refugees.

Despite government policy that all refugees must reside in camps, 12,501 newly
arriving refugees were registered in Nairobi during the year, bringing the officially
registered Nairobi refugee population to slightly more than 53,000 persons. Urban
refugees remained vulnerable populations. While assistance programs for urban
refugees increased during the year, there remained little possibility for local
integration.

Nonrefoulement: Unlike in the previous year, there were no confirmed reports of

refoulement; in 2010 HRW reported that hundreds of Somali asylum seekers were
deported back to Somalia. However, in January the government ordered NGOs to
cease services to Somalis who fled to Mandera, in order to create conditions more
conducive for them to return home.

Refugee Abuse: On June 30, police shot and killed two refugees and injured
numerous others while using live ammunition to quell a riot in the Dagahaley
refugee camp, one of the camps in the Dadaab complex. The refugees were
gathered to protest an attempt to demolish illegal structures around a food
distribution point, according to the UNHCR.

Sexual and gender-based violence (SGBV) remained problems at both the Dadaab
and Kakuma refugee camps. Reported incidents included domestic violence, rape,
sexual assault, physical assault, psychological abuse, and forced marriage,
particularly of young Sudanese and Somali girls. Refugee communities sometimes
targeted opponents of FGM. Health and social workers in Kakuma refugee camp
reported that due to strong rape awareness programs in the camp, victims
increasingly reported such incidents, resulting in improved access to counseling.
In Dadaab, however, the government’s limited ability and UNHCR’s restricted
access and limited ability to provide refugee services or protection resulted in
numerous SGBV cases and the underreporting of crimes and abuse. Between
January and November, for example, 361 SGBV incidents were reported in
Dadaab and 114 in Nairobi. Between January and August, 217 SGBV incidents
were reported in Kakuma.

Mobile court judiciary officials associated with the camps reportedly directed
imams not to officiate weddings of girls under the age of 18 in an effort to reduce
the occurrence of coerced, underage marriages.

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Other security problems in refugee camps included banditry, ethnic-based

violence, and the harassment of Muslim converts to Christianity.

In April the UNHCR and the government signed a memorandum of understanding

to reinforce security in Kakuma and Dadaab refugee camps by increasing police,
procuring additional equipment for police, and establishing a screening center at
Liboi. In November, 92 officers (of 200 requested) were deployed to Dadaab to
reinforce the 349 officers already there.

Mobile courts continued to serve the camp populations and were instrumental in
curbing crime and violence when cases were reported; however, most crimes went
unreported. In September the magistrate with jurisdiction over Dadaab reported
that despite the massive influx of refugees, there was no corresponding increase in
new cases reported to the mobile courts.

Refugees’ freedom of movement remained severely restricted. The government

required all refugees to remain at UNHCR camps unless granted permission by the
government to attend higher education institutions, receive specialized medical
care outside the camp, or leave to avoid security threats. In September the
government reported that 70 percent of refugees who were granted movement
passes did not return to the camps.

Numerous refugees were arrested for violating movement restrictions. According

to the UNHCR, between January and November, 1,453 refugees from Dadaab
were detained for unauthorized movement outside the camp; of those, 330 were
minors who were handed over to the UNHCR. In Kakuma, during the same
period, 148 persons were detained, of whom only seven were registered refugees.
In Nairobi, also between January and November, 464 individuals were detained for
movement violations; half of whom turned out to be asylum seekers, including
numerous Ethiopian nationals transiting Kenya. Asylum seekers were generally
released to either the DRA or UNHCR for registration.

Stateless Persons

According to the UNHCR, approximately 20,000 stateless Sudanese Nubians,

reportedly the descendants of Sudanese forcibly conscripted by the British in the
early 1900s, lived in the country. Sudanese Nubians were not granted citizenship
or identification documents, despite the UNHCR’s conclusion that the Nubians
qualified for citizenship under the prevailing nationality law. In 2003 the Nubians

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sought judicial relief from the Constitutional Court to be declared citizens by birth.
Citizenship is determined by parentage, but the law also provides citizenship for
Africans brought to the country by colonial authorities. In 2005 the Nubians filed
a memorandum of admissibility with the African Commission on Human and
Peoples’ Rights under the African Charter on Human Rights. In 2007 the
commission heard arguments on the admissibility of the case. The government
presented its arguments and filed a brief on the merits of the case. No further
information on the case was available at year’s end.

According to the UNHCR, an unknown number of descendants of mixed Eritrean-

Ethiopian marriages also were stateless. They were unable to obtain citizenship in
either of those countries due to strong nationalist prejudices. Their lack of proper
documentation resulted in difficulties in finding employment.

Section 3. Respect for Political Rights: The Right of Citizens to Change Their
Government

The constitution and law provide citizens the right to change their government
through free and fair multiparty elections, and in 2007 citizens exercised this right
through generally free and fair local and legislative elections held on the basis of
universal suffrage. However, the manner in which the 2007 presidential election
results were tallied raised serious doubts as to whether this right was respected at
the presidential level.

In a peaceful August 2010 referendum, 67 percent of voters approved a new

constitution, which provides for a bill of rights and reforms the electoral system,
administration of land, and judiciary. The new constitution provides parliamentary
representation for women, youth, persons with disabilities, ethnic minorities, and
marginalized communities. Implementation of constitutional reforms continued
during the year, although full implementation was expected to take years.

Elections and Political Participation

Recent Elections: In 2007 the country held local, parliamentary, and presidential
elections. Observers judged the parliamentary and local elections to be generally
free and fair. In the presidential election, incumbent 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, Western,

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and Coast provinces. Approximately 1,150 persons were killed and more than
350,000 displaced between December 2007 and February 2008.

A mixed Kenyan-international commission appointed in 2008 to evaluate the

elections found that the results were “irretrievably polluted.” The commission also
reported that the election results, and especially the presidential election results,
lacked integrity. While nearly 14.3 million citizens registered to vote, an
independent review commission concluded that voter rolls contained the names of
approximately 1.3 million deceased persons.

Voting and counting at polling stations for the 2007 elections generally were
conducted in accordance with democratic standards, although there were
irregularities in both opposition and progovernment strongholds. International
observers concluded that tallying irregularities by the Election Commission of
Kenya (ECK) in Nairobi undermined the credibility of the ECK.

During the campaign there were instances of violence between supporters of rival
parties, especially among progovernment parties. Although the government
required parties to register prior to political rallies, the government generally did
not interfere with party campaign activities. Text messages, pamphlets, and Web
logs sometimes were used to disseminate hate speech that was banned under the
election code of conduct. The KNCHR and other civil society organizations
accused the government of misusing state resources by providing transport and
funding rallies and election materials for some candidates in the election campaign.
In accordance with the National Accord, the ECK was abolished in 2008 and
replaced in 2009 by the Interim Independent Electoral Commission (IIEC). In
2009 the IIEC conducted two parliamentary by-elections, which international
observers deemed free and fair, although there were problems with the voter
registry and bribery of voters.

During the year several by-elections were held, all of which were peaceful and
undisputed.

Political Parties: There were numerous political parties. In the 2007 elections, 117
parties with 15,332 candidates competed in local elections; 138 parties with 2,548
candidates competed in parliamentary elections; and nine parties nominated
presidential candidates. The Political Parties Act, which came into effect in
November 2010, sets stringent conditions for political parties but does not
discriminate against any particular party.

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Participation of Women and Minorities: Women’s participation in electoral

politics remained low; however, a record number of female candidates ran for
parliament and local office in 2007, despite harassment and attacks. Women
constituted 10 percent of all parliamentary candidates.

The new constitution provides for the representation in parliament of ethnic

minorities; however, implementation posed hazards. The political system was
characterized by alliances and hardened divisions among ethnic groups and
subgroups. A political gain by one group was often perceived as a loss by other
ethnic groups and, as evidenced by the postelection violence in 2007 and 2008,
could trigger violence.

Section 4. Official Corruption and Government Transparency

The law provides criminal penalties for official corruption; however, the
government did not implement these laws effectively, and officials often engaged
in corrupt practices with impunity. Since President Kibaki assumed office in 2002,
despite numerous scandals, no top officials have been prosecuted successfully for
corruption. The World Bank’s 2010 Worldwide Governance Indicators indicated
that corruption was a severe problem.

In September President Kibaki signed into law the Ethics and Anti-Corruption
Commission Act, which replaced the KACC with the Ethics and Anti-Corruption
Commission (EACC). The new law expands the mandate of the EACC from
investigation of corruption to developing and enforcing a code of ethics for public
officials. Both the KACC and the EACC attracted significant public attention to
corruption issues, but without complementary actions to punish perpetrators.
Critics charged that despite significant financial support from the government, the
KACC accomplished little and sometimes was used by the government to harass
critics. By contrast, other observers believed the KACC was replaced by the
EACC (and its director Patrick Lumumba abruptly dismissed) because the KACC
was too aggressive in its investigations of high-level corruption. Like the KACC,
the EACC lacked prosecutorial authority, which remained with the director of
public prosecutions, whose office became independent of the Office of the
Attorney General as a result of the new law. At year’s end the EACC had not
finalized recruitment of its senior leadership, effectively halting ongoing
investigations by its staff.

Between July 2010 and June 30, the KACC recommended 113 cases for
prosecution to the attorney general, who accepted the recommendation in 95 of

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these cases. Most of these cases involved mid- or low-level officials, reinforcing
the notion that corruption at the highest levels went unchecked. Of 7,106 reports
of alleged corruption reviewed by the KACC, 1 percent involved ministers or
assistant ministers, and 6 percent involved senior officials such as permanent
secretaries.

Widespread corruption existed at all levels of the legal system. Bribes, extortion,
and political considerations influenced the outcomes in large numbers of civil
cases.

Although police corruption was endemic, authorities rarely arrested and prosecuted
officers for corruption or criminal activities. During the year the KACC
investigated police officers suspected of accepting bribes, benefiting from
fraudulent expense reports at a training college, and participating in multiple
irregular land acquisitions. There were no reported arrests by year’s end. The
KACC participated in a vetting panel for police officers in July. It was unclear
whether the new EACC would continue to play a role in monitoring recruitment
and supervision of police officers.

In July the auditor general reported that approximately seven billion shillings ($82
million) was unaccounted for in government ministries. The Ministry of Public
Health and Sanitation topped the list, with nearly 3.7 billion shillings ($43 million)
in unsupported expenditures. The Mars Group Kenya, a local anticorruption NGO,
joined the KACC during the year to assist in the investigation of revenue leakages.

In September prosecutors charged eight persons--including the son-in-law of

Charity Ngilu, the minister of water and irrigation, and the husband of Cecily
Mbarire, the assistant minister of tourism--with embezzling 26 million shillings
($300,000) from the Ministry of Water and Irrigation through irregular
procurement practices.

An internal forensic audit of the Ministry of Education during the year indicated
that it had misappropriated 4.2 billion shillings ($46 million), including some
donor funds meant for the country’s free primary education program. The KACC
completed investigations into embezzlement and irregular disbursements by
several ministry officials, including former permanent secretary Karega Mutahi. In
July the Police Criminal Investigation Department launched an investigation,
although no charges had been announced by year’s end.

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There were ongoing corruption investigations at the ministries of Roads, Energy,

Immigration, Sports and Youth Affairs, Special Programs, Land, and the
Constituency Development Funds.

There were developments in corruption cases from previous years.

In April the Parliamentary Committee on Lands and Natural Resources exonerated

Minister Ngilu of allegations of corruption and nepotism leveled by a former
assistant minister.

In August William Ruto, a former minister of higher education, was cleared of

charges when many of the prosecution’s witnesses failed to appear. The KACC
continued to investigate the acquisition of land for a Kenyan embassy in Tokyo
and cooperated with the Japanese government to collect documentary evidence.

The new constitution provides citizens with access to information held by the state
and requires the state to publish and publicize important information affecting the
nation, and the government took steps to implement those provisions during the
year. In June the government launched Kenya Open Data, a Web site containing
selected data from the national census and on government expenditures,
parliamentary proceedings, and public service locations. The government
spokesman’s briefings were televised, and parliamentary debates were broadcast
live on television and radio. Nevertheless, important reports regarding major
corruption scandals from the last decade were not released to the public, and it was
unclear how the public would be included in the process of crafting the national
budget, as required by the new constitution.

There is no freedom of information law, but some government information was

available on the Internet.

Section 5. Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated

without government restriction, investigating and publishing their findings on
human rights cases. With the exception of the police, government officials were
usually cooperative and responsive to the queries of these groups; however, the
government generally ignored the recommendations of the UN, other international
bodies, and NGOs if such recommendations were contrary to government policies.
There were reports that officials intimidated NGOs and threatened to disrupt their

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activities, and that provincial administrators and security forces interfered with
less-established NGOs, particularly in rural areas. Human rights activists claimed
that security agencies conducted surveillance of their activities.

Approximately 15 domestic organizations advocated for human rights in the

country, 14 of which were independent of the government. The Kenya Human
Rights Commission and IMLU produced reports cataloguing human rights abuses.

Several NGOs maintained comprehensive files on local human rights abuses. A

number of attorneys represented human rights advocates without compensation,
although they were concentrated in urban areas and could handle the cases of only
a small percentage of those who needed assistance. The government sometimes
allowed human rights organizations to witness autopsies of persons who died in
police custody. The government also permitted NGOs to provide paralegal
services to prisoners. The KNCHR noted that reports of human rights abuses
decreased in prisons with resident paralegals.

In May Ken Wafula, a human rights activist and director of the Center for Human
Rights and Democracy, was released from custody for lack of evidence. Wafula
had been charged with disobedience and publishing inciting materials for his 2009
reporting on the clandestine arming of communities in the Rift Valley with the
support of government officials.

Human rights workers were abducted during the year. For example, in September
a Kenyan driver for the NGO CARE was abducted from the outskirts of the
Hagadera camp and taken to Somalia, where he remained in custody at year’s end.

According to the 2011 Annual Report of the Observatory for the Protection of
Human Rights Defenders, since December 2010 at least five human rights
defenders who assisted with the ICC investigation into postelection violence were
forced to relocate after being threatened. A sixth received anonymous telephone
threats during the year. The observatory added that the offices of human rights
organizations that provided information to assist with the ICC investigation were
vandalized. In some cases computers and hard drives were stolen. Starting from
mid-2010, human rights defenders working on other human rights issues also were
targeted and accused of working for the ICC, even if it was not the case.

Information surfaced during the year that in April 2010 four persons in civilian
clothes arrested Kenneth Kirimi Mbae, a member of the civil society organization
Bunge la Mwananchi and local NGO Release Political Prisoners (RPP). Until his

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release four days later, Mbae was detained in an isolated house in Narok District,
where he was interrogated and beaten. The perpetrators also threatened sexual
violence against Mbae’s wife. Mbae, whose injuries required medical treatment,
was interrogated about extrajudicial killings, RPP activities with regard to Mount
Elgon military operations, and the sharing of information in 2009 with the UN
special rapporteur (see section 1.a.).

According to a separate report received during the year, in April 2010 George
Nyongesa, a community organizer who worked for Bunge la Mwananchi’s Web
site, received an anonymous telephone call threatening to silence him if he did not
close the Web site. Lawrence Maina, Web site manager of the organization,
received two similar phone calls.

In another report made available during the year, police in May 2010 dispersed
approximately 200 persons attending a Bunge la Mwananchi meeting being held in
the Jeevanjee Garden in Nairobi. Four participants were arrested but released
without charge after arriving at the police station.

UN and Other International Bodies: The government permitted visits by

representatives of the UN and other international organizations in connection with
the investigation of abuses or monitoring of human rights problems in the country.

Government Human Rights Bodies: The KNCHR, which also produced reports
cataloguing human rights abuses, has in the past asserted certain juridical powers
by issuing summonses, ordering the release of prisoners, and requiring
compensation for human rights abuses. However, the government routinely
ignored the KNCHR’s summonses and orders (see section 1.e.).

The Truth, Justice, and Reconciliation Commission, established in 2009 to

investigate politically and ethnically motivated human rights abuses since
independence, collected statements and held public hearings across the country
during the year (see section 1.c.).

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

The constitution and law prohibit discrimination based on race, sex, pregnancy,
marital status, health status, ethnic or social origin, color, age, disability, religion,
conscience, belief, culture, dress, language or birth. Government authorities did
not enforce effectively many of these provisions, and discrimination against
women, lesbian, gay, bisexual and transgender (LGBT) persons, individuals with

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HIV/AIDS, persons with disabilities, ethnic groups, and persons suspected of

witchcraft was a problem. There was also evidence that some government and
opposition officials tolerated, and in some instances instigated, ethnic violence.
The law criminalizes homosexual activity.

Women

Rape and Domestic Violence: The law criminalizes rape, defilement, and sex
tourism; however, implementation remained limited, and as many as 95 percent of
sexual offenses were not reported to the police. The law does not specifically
prohibit spousal rape.

The law provides a maximum penalty of life imprisonment for rape, although
sentences usually were no longer than the minimum of 10 years. NGO activists
complained that a provision in the law that criminalizes false claims of sexual
assault deterred the reporting of sexual offenses.

Police statistics for 2010 indicated 3,200 cases of gender-based violence, including
785 rapes, up from 2,800 cases reported in 2008; statistics for 2009 were
unavailable. Human rights groups, however, estimated that the actual number of
rapes and other cases of gender-based violence was much higher. The rate of
reporting and prosecution of rape remained low because of the police practice
requiring that victims be examined by a police physician; cultural inhibitions
against publicly discussing sex, particularly sexual violence; survivors’ fear of
retribution; police reluctance to intervene, especially in cases where family
members, friends, or acquaintances were accused of committing the rape; poor
training of prosecutors; and the unavailability of doctors who might provide the
evidence necessary for conviction.

National guidelines on the management of sexual violence--including the handling

of forensic evidence, postrape care, and victim support--were promulgated in 2009,
but implementation mechanisms remained weak.

Police procedures in handling cases of rape and sexual assault created substantial
barriers to the investigation and prosecution of suspected perpetrators. In addition
to requiring those who allegedly experienced sexual assault to be examined by a
police physician prior to the initiation of an investigation, police prosecutors also
required the same physician to testify during trial. However, there was only one
police physician in Nairobi, and police physicians were generally not present in
rural areas. The police physician in Nairobi frequently issued examination reports

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that conflicted with the findings of other medical professionals, was often
unavailable to conduct exams, and frequently failed to appear in court. Police also
lacked the facilities to preserve forensic evidence. As a result numerous alleged
cases of sexual violence were not investigated by the police, and numerous cases
were dismissed from court due to the absence of a police physician.

The government did not investigate or prosecute reported incidents of widespread

sexual violence following the disputed election in 2008.

Domestic violence against women was widespread but often condoned by society
and seldom addressed in the courts. The penal code does not contain specific
provisions against domestic violence but treats it as assault. Police generally
refrained from investigating cases of domestic violence, which they considered a
private family matter. NGOs, including the Law Society of Kenya and FIDA,
provided free legal assistance to some victims of domestic violence. In 2010 FIDA
reported that 83 percent of women and girls in the country reported one or more
episodes of physical abuse.

Harmful Traditional Practices: Certain communities commonly practiced wife

inheritance, in which a man inherits the widow of his brother or other close
relative, regardless of her wishes. Other forced marriages were also common.
Although poor and uneducated women were more likely to be inherited, prominent
and educated women sometimes were victims.

Sexual Harassment: The law prohibits sexual harassment; however, sexual

harassment continued to be a problem. It was often not reported and rarely
resulted in charges being filed.

Reproductive Rights: Subsidized contraception options, including condoms, birth

control pills, and long-acting or permanent methods, were widely available to both
men and women throughout the country, although access was more difficult in
rural areas. An estimated 30 percent of women between the ages of 15 and 49 used
a modern method of contraception. Skilled obstetric, prenatal, and postpartum care
was available in major hospitals, but many women were unable to access or afford
these services. In 2009 an estimated 44 percent of births were attended by skilled
health personnel. According to UN estimates, the maternal mortality ratio in 2009
was 488 deaths per 100,000 live births. Access to family planning and
reproductive health services was impeded by sociocultural beliefs and practices,
lack of female empowerment, lack of male involvement, poverty, and poor health
management systems.

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The government and private organizations supported a network of more than 8,000
counseling and testing centers providing free HIV/AIDS diagnosis. Diagnosis of
other sexually transmitted infections was available through hospitals and clinics
throughout the country. HIV/AIDS carried social stigma, and many citizens
avoided testing due to social pressure.

Discrimination: The law provides equal rights to men and women and specifically
prohibits discrimination on grounds of gender; however, women experienced a
wide range of discrimination in matrimonial rights, property ownership, and
inheritance rights. The average monthly income of women was approximately
two-thirds that of men. Women held only 6 percent of land titles. Under
traditional law women in many ethnic groups could not own land. Women had
difficulty moving into nontraditional fields, were promoted more slowly, and were
more likely to be laid off. Societal discrimination was most apparent in rural areas.
Women also faced discrimination in access to employment and to credit. The
justice system--particularly customary law--often discriminated against women,
limiting their political and economic rights and relegating them to second-class
citizenship.

The Law of Succession, which governs inheritance rights, provides for equal
consideration of male and female children but terminates the inheritance rights of
widows if they remarry. Moreover, a widow cannot be the sole administrator of
her husband’s estate unless she has her children’s consent. Even prominent and
educated women sometimes suffered from property and inheritance discrimination.
The law also allows the Ministry of Justice to exempt certain communities from
the law in deference to tradition, which in some cases provides for equal
distribution of a man’s property only among his sons.

Children

Birth Registration: Citizenship is determined by the citizenship of the parents, and

either parent may transmit citizenship. Births often were not registered in rural
areas, where community elders rather than official entities were considered the
legitimate authorities in family matters. Lack of official birth certificates resulted
in discrimination in delivery of public services, such as education and health care.

Citizens are required to obtain identity cards when they turn 18 years of age.
Identity cards are required to obtain public services and exercise voting rights.
Since identity card applications require tracing lineage through male relatives,

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children born out of wedlock--and children born of married mothers who retained
their maiden names--had difficulty obtaining identity cards unless they could
provide the identity documents of a male relative.

Education: Education was free and compulsory through age 13. Secondary
enrollment was limited to students who obtained high scores on standardized
primary exams. Rural families were more reluctant to invest in educating girls
than boys, particularly at higher levels. Between the ages of 12 and 14, girls
generally dropped out of school at a higher rate than boys due to the lack of
sanitary facilities at schools and the general family preference to focus limited
resources on the education of sons. In 2008 UNICEF reported that nine of 10
children from poor households failed to complete primary education. In 2008 the
Ministry of Education estimated that 80,000 children dropped out of school
annually due to forced marriages and child labor. The government ordered
provincial administrators to arrest parents who did not send their children to
school. However, this law was not enforced uniformly.

In 2008 the Center for the Study of Adolescence reported that between 10,000 and
13,000 girls dropped out of school annually due to pregnancy. While the law
provides pregnant girls the right to continue their education until and after giving
birth, NGOs reported that schools often did not respect this right and that
schoolmasters sometimes expelled pregnant girls or transferred them to other
schools.

Child Abuse: Violence against children, particularly in poor and rural

communities, was a common occurrence, and child abuse, particularly sexual
abuse, was a problem. Child rape and molestation continued to be serious
problems. Police reported that 1,626 children were defiled (defined as a sexual act
with a child involving penetration) in 2008. The law establishes a minimum
sentence for defilement of life imprisonment if the child is less than 11 years old,
20 years in prison if the child is between ages 11 and 16, and 10 years if the child
is between ages 16 and 18. Newspapers contained frequent reports of molestation
or rape of children by relatives, neighbors, teachers, police, and clergy. In 2006
the NGOs The CRADLE and Care Kenya reported an increase in child sexual
abuse and a decrease in the age of the youngest victims. The most vulnerable
victims were girls under age 18 and boys ages three to eight. Most child abusers
were neighbors, fathers, and other relatives. Teachers were the most frequent
perpetrators by profession, with pastors and police officers following closely.

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The Teachers Service Commission reported that more than 160 cases of sexual
misconduct were filed against teachers across the country for a reporting period
ending in 2011; however, cases prosecuted were considered a fraction of actual
abuses. A report released in 2009 by the Teachers Service Commission found that
12,660 female students were sexually abused by teachers from 2003 to 2007.

The government has banned corporal punishment in schools; however, there were
reports that corporal punishment occurred throughout the year.

Child Marriage: Newspapers frequently highlighted the problem of child marriage,

which was commonly practiced among some ethnic groups. According to
UNICEF, 25 percent of young women were children when they married. The
Marriage Act forbids marriage under the age of 16, but the Mohammedan Marriage
and Divorce Act allows Muslim girls to marry at puberty. If a marriage is entered
into under the provisions of the act, any court hearing matters related to the
marriage applies the provisions of that act when deciding the case.

Harmful Traditional Practices: In September the government passed a law making

it illegal to practice FGM, procure the services of someone who practices FGM, or
send a person out of the country to undergo the procedure. The new law also
makes it illegal to make derogatory remarks about a woman who has not
undergone FGM. Although the new law was praised by NGOs and others opposed
to FGM, FGM was practiced widely, particularly in rural areas. FGM usually was
performed at an early age. According to UNICEF, one-third of women and girls
between the ages of 15 and 49 had undergone FGM. Of the country’s 42 ethnic
groups, only four (the Luo, Luhya, Teso, and Turkana, who together constituted
approximately 25 percent of the population) did not traditionally practice FGM. In
2008 the Ministry of Gender and Children’s Affairs reported that 90 percent of
girls among Somali, Kisii, Kuria, and Maasai communities had undergone the
procedure. The rates among other communities were: Taita Taveta (62 percent);
Kalenjin (48 percent); Embu (44 percent); Meru (42 percent); Kamba (37 percent);
and Kikuyu (34 percent). Government officials often participated in public
awareness programs to prevent the practice.

Some churches and NGOs provided shelter to girls who fled their homes to avoid
FGM, but community elders frequently interfered with attempts to stop the
practice. Various communities and NGOs instituted “no cut” initiation rites for
girls as an alternative to FGM.

Media reports indicated that discrimination against uncircumcised boys continued.

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Sexual Exploitation of Children: The penal code prohibits procurement of a girl

under age 21 for unlawful sexual relations and criminalizes child commercial
sexual exploitation, child labor, and the transport of children for sale.
Nevertheless, children were subject to sexual exploitation and were victims of
trafficking.

The Ministry of Gender, Children’s Affairs, and Social Development and the NGO
Eradicate Child Prostitution in Kenya estimated that 30,000 children were
exploited in the sex industry every day. Prostitution sometimes was initiated by
parents.

Child prostitution has increased in recent years due to poverty and the increase in
the number of children orphaned by HIV/AIDS. Strong growth in the tourism
industry also led to a large increase in foreign and domestic tourists seeking sex
with underage girls and boys. Political leaders expressed concern that minors in
drought-affected communities were leaving school and being lured to prostitution
to address their basic needs. Child prostitution was prevalent in Nairobi, Kisumu,
Eldoret, Nyeri, and the coastal areas. UNICEF estimated that between 10,000 and
15,000 girls were engaged in prostitution in the coastal areas alone. UNICEF, the
Ministry of Tourism and Wildlife, the World Tourism Organization, and NGOs
continued to work with the Kenya Association of Hotelkeepers and Caterers, a
representative body of hotels and tour operators, to increase their awareness of
child prostitution and sex tourism. The association encouraged all hospitality-
sector businesses to adopt and implement the code of conduct developed by the
NGO End Child Prostitution and Child Pornography and Trafficking of Children
for Sexual Purposes. During the year the majority of hotels on the coast continued
to uphold the NGOs code of conduct and continued to self-regulate through the
Kenya Association of Hotelkeepers and Caterers. The Ministry of Tourism and
Wildlife continued to register villas and cottages and impose the same
requirements as on hotels. As part of a new tourism bill, the Tourism Regulatory
Authority was established in September to oversee hotels, villas, and cottages,
ensuring their adherence to the code of conduct.

Child Soldiers: Although there were no reports that the government recruited child
soldiers, there were reports that children participated in ethnically based militia
activity perpetrated by groups such as al-Shabaab. There also were reports that the
Mungiki gang recruited young boys from schools.

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Displaced Children: Poverty and the spread of HIV/AIDS continued to intensify

the problem of child homelessness. Street children faced harassment and physical
and sexual abuse from police and others, and within the juvenile justice system.
The government operated programs to place street children in shelters and assisted
NGOs in providing education, skills training, counseling, legal advice, and medical
care to girls abused in, and street children exploited in, the commercial sex
industry. During the year the government’s cash transfer program for orphans and
vulnerable children expanded to cover 47 districts and to reach an estimated
100,000 beneficiaries. Each beneficiary received 3,000 shillings ($34) per month.

International Child Abductions: Kenya is not a party to the 1980 Hague

Convention on the Civil Aspects of International Child Abduction.

Anti-Semitism

The Jewish community was very small, and there were no reports of anti-Semitic
acts.

Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at
www.state.gov/j/tip.

Persons with Disabilities

The law prohibits discrimination against persons with physical or mental

disabilities in employment, education, access to health care, or the provision of
other state services; however, the government did not effectively enforce these
provisions. The law provides that persons with disabilities should have access to
public buildings, and some buildings had wheelchair ramps and modified elevators
and restrooms; however, the government did not enforce the law, and new
construction often did not include accommodations for persons with disabilities.

There was limited societal awareness regarding persons with disabilities and
significant stigma attached to disability. Learning and other disabilities not readily
apparent were not widely recognized. NGOs reported that persons with disabilities
had limited opportunity to obtain education and job training at all levels due to lack
of accessibility to facilities and resistance on the part of school officials and
parents to devoting resources to students with disabilities. The KNCHR reported
that fewer than 10 percent of children with special needs were enrolled in school
and that no curriculum existed for teaching children with learning disabilities.

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The KNCHR charged that the Kenya National Examination Council failed to
provide adequate testing facilities and resources for students with disabilities. The
council claimed that it provided exams in Braille and in large print for visually
impaired candidates and gave them extra time to complete exams. The
government was developing disability-specific curricula, but the process was slow
because the government failed to allocate sufficient resources and staff.

There were significant barriers to accessing health care by persons with

disabilities. They had difficulty obtaining HIV testing and contraceptive services,
due to the perception that they did not or should not engage in sexual activity.

According to testimony provided to the KNCHR in Embu town during the year,
pregnant women with disabilities encountered harsh treatment in maternity wards.
Nurses demanded to know how they became impregnated and questioned their
right to bear children. Mute mothers claimed that hospital staffs ignored them
during delivery. Other unconfirmed reports indicated that hospital staffs
performed--or tried to perform--tubal ligations on mothers with disabilities without
informing them. Other expectant mothers with disabilities were sent away from
hospitals for not having pads, cotton wool, or the fee of 2,000 shillings ($23)
required for delivery.

Few facilities provided interpreters or other accommodations to the deaf or those

with hearing disabilities. The government assigned each region a sign-language
interpreter for court proceedings. Nevertheless, cases of persons who were deaf or
had hearing disabilities were often delayed or forced to adjourn due to the lack of
standby interpreters, according to an official with the Deaf Outreach Program.

During the year the Kenya Society for the Mentally Handicapped (KSMH) sued
the government for improperly excluding persons with mental disabilities from the
most recent budget allocations for persons with disabilities. In August a court
temporarily halted the allocation of such funds as a consequence of the lawsuit,
and the case continued at year’s end.

Not all polling stations were equipped with accommodations for persons with
disabilities. However, during the most recent by-elections KSMH and the
Disabled Voters of Kenya Alliance worked closely with the IIEC to ensure that all
persons were able to cast their votes.

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The Ministry of Gender, Children, and Social Development is the lead ministry for
implementation of the law to protect persons with disabilities. The parastatal
National Council for Persons with Disabilities assisted the ministry. Neither entity
received sufficient resources to effectively address issues related to persons with
disabilities.

Societal discrimination continued against persons with albinism, many of whom

left their home villages due to fear of persecution and moved to urban areas where
they believed they were safer. According to the International Federation for the
Red Cross and Red Crescent Societies, numerous persons with albinism abandoned
their villages and went into hiding between 2007 and 2009. Persons with albinism
were attacked for their body parts, which were thought by some to confer magical
powers and which could be sold for significant sums. Since 2007 at least seven
persons with albinism were killed, the most recent killing occurring in December
2010. In August 2010 a man was arrested for attempting to sell a person with
albinism for $250,000. In 2010 the minister of planning promised to carry out a
census of persons with albinism and provide them with sunscreen. However, the
government offered little health care or other support. Due to societal
discrimination, employment opportunities for persons with albinism were limited.

National/Racial/Ethnic Minorities

The population is divided into approximately 42 ethnic groups, among which

discrimination and occasional violence were frequent. The 2009 census released in
August 2010 revealed that the major ethnic communities were: Kikuyu, 6.6
million; Luhya, 5.3 million; Kalenjin, 5 million; Luo, 4 million; Kamba, 3.9
million; Kenyan Somali, 2.3 million; Kisii, 2.2 million; and Mijikenda, 1.9 million.
The Kikuyu and related groups dominated much of private commerce and industry
and often purchased land outside their traditional home areas, which sometimes
resulted in fierce resentment from other ethnic groups. The numerically small and
shrinking South Asian community controlled a disproportionate share of
commerce.

Many factors contributed to interethnic conflicts: long-standing grievances over

land tenure policies and competition for scarce agricultural land, the proliferation
of guns, the commercialization of traditional cattle rustling, the growth of a
modern warrior/bandit culture (distinct from traditional culture), ineffective local
political leadership, diminished economic prospects for groups affected by a severe
regional drought, political rivalries, and the inability of security forces to
adequately quell violence. Conflict between land owners and squatters was

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particularly severe in Rift Valley and Coast provinces, while competition for water
and pasturage was especially serious in the northern districts of Rift Valley and
Eastern provinces and in North Eastern Province.

In private business and in the public sector, members of nearly all ethnic groups
commonly discriminated in favor of other members of the same group. Some
neighborhoods, particularly in slum areas of the capital, tended to be segregated
ethnically, although interethnic marriage has become fairly common in urban
areas.

There was frequent conflict, banditry, and cattle rustling among Somali, Turkana,
Gabbra, Borana, Samburu, Rendille, and Pokot ethnic groups in arid regions
located in North Eastern, Eastern, and Rift Valley provinces, which at times
resulted in death. For example, during the year cattle rustling was rampant, and
several persons were killed in Isiolo and Turkana in connection with cattle raids
and counterattacks.

Between October 13 and 18, at least 14 persons were killed as a result of

interethnic fighting in Isiolo over pasture and water. On October 14, seven persons
were shot and killed in Tractor village, Ngaremara Division, in Isiolo. According
to local media reports, the dead included two 12-year-old children, who were
dragged out of their huts and shot as their parents watched. Insecurity in the region
resulted in the closure of at least six schools. Several teachers from the Borana,
Somali, and Meru communities in Isiolo received death threats and were
transferred. In response the government deployed hundreds of security officers to
the area in pursuit of the attackers, but no arrests were made by year’s end.

In response to armed incursions and kidnappings conducted from Somali territory,

in October Kenyan military forces entered southern Somalia to conduct operations
against al-Shabaab forces. In conjunction with these operations, the government
launched internal security measures inside Kenya to counter suspected al-Shabaab
militants and sympathizers. Kenyan citizens, including Muslims and those of
Somali ethnic origin, were generally supportive of these efforts; however, abuses
occurred. For example, HRW reported that on November 11, after an attack by
suspected al-Shabaab militants in Garissa, security forces picked up people who
looked Somali, beat them, and forced them to sit in dirty water while interrogating
them. After an improvised explosive device exploded in the same area on
December 12, police and soldiers rounded up and beat Kenyans of Somali origin
over the next three days, according to HRW. After grenade attacks occurred at a
bus stop and bar in Nairobi in October, general public hostility against urban

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Somali refugees in Nairobi and Kenyans of Somali ethnic origin increased. The
perception that Kenyan citizens of Somali origin were disproportionately
successful in business contributed to public hostility.

Societal Abuses, Discrimination, and Acts of Violence Based on Sexual

Orientation and Gender Identity

The penal code criminalizes “carnal knowledge against the order of nature,” which
is interpreted to prohibit consensual same-sex sexual activity and specifies a
maximum penalty of 14 years’ imprisonment. A separate statute specifically
criminalizes sex between men and specifies a maximum penalty of 21 years’
imprisonment. Police detained persons under these laws, particularly suspected
sex workers, but released them shortly afterward. There were no reported
prosecutions of individuals for same-sex sexual activity during the year.

LGBT advocacy organizations, such as the Gay and Lesbian Coalition of Kenya
(GALCK), were permitted to register and conduct activities. However, societal
discrimination based on sexual orientation was widespread and resulted in loss of
employment and educational opportunities. Violence against the LGBT
community also occurred, particularly in rural areas and among refugees. NGO
groups reported that police intervened to stop attacks but were not generally
sympathetic to LGBT individuals or concerns.

During the year an LGBT group in Mombasa relocated its offices to a more secure
location and advised its members to maintain a low profile when coming to the
group’s office to avoid attack.

According to the 2011 Annual Report of the Observatory, in February 2010

religious leaders in Mtwapa issued antigay statements and demanded the closure of
the Kenya Medical Research Institute, which conducts research and provides
treatment to persons with HIV/AIDS. Crowds subsequently attacked the center
and beat one of its volunteers. Other volunteers were taken into police protective
custody. All were released without charge, but none of the attackers was arrested.

On two occasions in 2010, Denis Karimi Nzioka, GALCK’s public relations

officer and a writer on LGBT issues, was forced to move from his home by
neighbors who said they knew he was gay. Nzioka was also targeted by unknown
persons on the streets who threatened him with violence or death.

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Unlike in previous years, no anti-LGBT publicity campaigns were conducted;

however, sensational reporting often inflamed societal prejudices.

Other Societal Violence or Discrimination

Societal discrimination against persons with HIV/AIDS was a problem.

Stigmatization of HIV/AIDS made it difficult for many families to acknowledge
that a member was HIV-positive, and no socially or politically prominent
individual admitted being HIV-positive. Violence against persons with HIV/AIDS
occurred.

The government worked in cooperation with international donors on programs for

HIV/AIDS prevention and treatment. This cooperation enabled a continued
expansion of counseling and testing as well as care and treatment. These
developments were seen as key to reducing stigma and discrimination.

Mob violence and vigilante action were common and resulted in numerous deaths.
Most victims were persons suspected of criminal activities, including theft,
robbery, killings, cattle rustling, and membership in criminal or terrorist gangs.
Human rights observers attributed vigilante violence to a lack of public confidence
in police and the criminal justice system, in which assailants evaded arrest or
bribed their way out of jail. The social acceptability of mob violence also provided
cover for acts of personal vengeance, including settling land disputes.

On September 27, a mob killed three men who had failed in a robbery attempt.

Mobs also attacked persons suspected of witchcraft or participation in ritual

killings, particularly in Kisii district and Nyanza and Western provinces. Although
local officials spoke out against witch burning and increased police patrols to
discourage the practice, human rights NGOs noted public reluctance to report such
cases due to fear of retribution.

In May a mob killed a man and his wife and burned their home in Nyahera Village
after the mutilated body of a boy was found, and the mob attributed the death to the
couple’s suspected involvement in witchcraft. Police at the scene did not intervene
to prevent the attack. No action was taken by year’s end.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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The law provides that all workers, including those in the export processing zones
(EPZs), are free to form and join unions of their choice. Any seven or more
workers in an enterprise have the right to form a union by registering with the trade
union registrar. If the registrar denies registration, a union may appeal to the
courts. The new constitution no longer explicitly prohibits members of the armed
forces, police, prisons service, and the administration police from forming or
joining unions. However, it permits legislation that does so, a reference to the
2007 Labor Relations Act which continued in effect.

The law permits workers in collective bargaining disputes to strike but requires the
exhaustion of formal conciliation procedures and seven days’ notice to both the
government and the employer. The law permits the government to deny workers
the right to strike under certain conditions. For example, members of the military,
police, prison guards, and the National Youth Service are prohibited from striking.
Other civil servants are allowed to strike following the seven-day notice period.
The Ministry of Labor typically referred disputes to mediation, fact-finding, or
binding arbitration at the Industrial Court, a body of up to five judges appointed by
the president. During mediation any strike is illegal, thus removing legal
prohibitions on employer retaliation against strikers. In addition a Ministry of
Labor referral of a dispute to the conciliation process nullifies the right to strike.

The law provides the right of collective bargaining to every trade union,
employer’s organization, and employer. Workers in the military, prisons, and the
National Youth Service, however, do not have this right. The law also provides
that collective labor disputes must first undergo conciliation, although conciliation
is not compulsory in individual employment matters. Security forces cannot
bargain collectively but have an internal board that reviews salaries. Other groups
that cannot bargain collectively, such as health sector workers, have associations,
rather than unions, which negotiate wages and conditions that match the
government’s minimum wage guidelines.

The law allows employers in some industries to dismiss workers regardless of the
provisions of their collective bargaining agreements. The new constitution’s bill of
rights allows trade unions to undertake their activities without government
interference.

Except for the Factories Act, all labor laws apply in the EPZs; however, the EPZ
Authority and the government granted many exemptions to applicable laws. For
example, the government waived a provision of the law that prevents women from

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working in industrial activities at night. The Tailors and Textiles Workers Union
claimed that a number of garment producers in the EPZs refused to recognize the
union and resisted its efforts to organize their workers.

The law prohibits antiunion discrimination and provides for reinstatement for
workers dismissed for union activity. The Industrial Court can order reinstatement
and damages in the form of back pay for employees wrongfully dismissed for
union activities. All labor laws are supposed to apply to all groups of workers. In
practice, however, migrant workers often lacked formal organization and
consequently missed the benefits of collective bargaining. Similarly, domestic
workers, commercial sex workers, and others who operated in private spaces were
vulnerable to exclusion from legal protections.

The government voiced its support for union rights as mandated in the constitution.
However, because of human and material resource constraints, it did not
effectively protect these rights. Freedom of association and the right to collective
bargaining were generally respected in practice. Worker organizations were
independent of both the government and political parties. Civil servants were
active members of worker organizations. During the year police arrested union
leaders and threatened them for defending the rights of workers on tea plantations.
At year’s end none of the country’s security forces had joined unions, although the
Central Organization of Trade Unions (COTU) continued to advocate on their
behalf for this right. Some unions complained that employers resisted efforts to
establish unions in their factories, even where most workers indicated a desire for
union membership, and that the Industrial Court and Ministry of Labor were
ineffective in compelling employers to comply with the law. The government
continued to encourage a strengthened labor dispute system, but the decisions of
the Industrial Court were not consistently enforced. The Industrial Court moved
very slowly and the number of cases filed increased, as a result of the new labor
laws. The result was a significant backlog that prevented timely decisions in the
majority of cases. This resulted in fewer cases being referred to the Ministry of
Labor. In any event, union leaders reported that employers did not comply with
the court’s reinstatement orders, and workers accepted a payment in lieu of
reinstatement. In several cases employers successfully appealed the industrial
court’s decisions to the High Court. The enforcement mechanisms of the Industrial
Court remained weak. The majority of cases were filed directly by the parties
without referring them to the Ministry of Labor for conciliation.

Some antiunion discrimination occurred, including in garment plants in the EPZs.

Employers fired workers for participating in trade union activities, especially in

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EPZs. The COTU reported more than 1,000 cases across various sectors in which
employers fired workers for participating in union activities. Discrimination also
occurred outside EPZs, especially in urban areas, although there were also reports
that managers on flower farms fired workers and insisted that they not join unions.
There were also many reports that workers in Nairobi’s industrial zone were
arbitrarily dismissed.

During the year NGOs and trade unionists reported a growing trend toward the
elimination of permanent positions in favor of casual or contract labor, especially
in the EPZ, agricultural, and manufacturing sectors. In many cases the job was
permanent, but an employer staffed it with rotating contract workers. This practice
occurred at the management level as well, where employers hired individuals as
management trainees and kept them in this position for the maximum permitted
period of three years. Then, instead of converting the worker to permanent staff,
the person was then replaced by another trainee. In the banking sector and other
commercial industries, there were reports that casual workers were replaced when
they expressed interest in joining a union. Casual employment continued to grow,
accounting for 32 percent of total wage employment for the most recent period for
which figures were available. This trend continued to increase across sectors.

The majority of strikes were in the plantation and agricultural sectors, due to issues
related to delay in collective bargaining agreements, deduction of bonuses, salary
increments, and other grievances. The other sectors affected were engineering,
food manufacturing, shipping, and warehousing.

On February 28, police used tear gas to disperse hundreds of protesting dock
workers who threatened to disrupt a workshop on the privatization of the Kenya
Ports Authority. The Dockworker’s Union was demanding the preservation of key
jobs for its members and the surrounding coastal communities. The union was also
demanding the firing of the minister of transportation and adequate consultation
among all stakeholders to inform the privatization process. Grievances included
employers’ failure to apply a mandated wage increase, a lack of employer-
provided protective gear, denial of maternity leave, poor working conditions, and
long working hours without transportation to residential areas.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit forced labor, bonded labor, slavery, and
indentured servitude, including by children. However, such forced labor practices
occurred. During the year there were reports of forced labor and forced child labor

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 KENYA 45

in domestic service, street vending, child prostitution, subsistence and commercial

agriculture, and mining. Forced child labor primarily occurred in the informal
sector. Some children were subjected to debt bondage or prostitution and were
trafficked for commercial sexual exploitation and labor. Women and men also
were trafficked for commercial sexual exploitation and labor. Commercial sexual
exploitation was widespread, particularly in the coastal areas.

Also see the Department of State’s Trafficking in Persons Report at

www.state.gov/j/tip.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of a child (defined as a person under age 18) in
any activity that constitutes a worst form of child labor or that would prevent
children under age 16 from attending school. Children under age 13 are prohibited
from working, and the government’s policy of free and compulsory education
through age 13 continued to be one of the most successful means to combat child
labor. Children between ages 13 and 16 may perform only “light work” that is not
harmful to their health or development and does not interfere with their schooling.
However, the law does not apply minimum age restrictions to children serving as
apprentices under the terms of the Industrial Training Act. Persons under age 18
may not be employed in any industrial undertaking at night, employment should
not cause children to reside away from home without parental approval, and
permission to work in a bar, hotel, or restaurant requires renewed consent annually
from the labor commissioner. The law provides fines of up to 200,000 shillings
($2,350) and/or imprisonment for up to 12 months for employing children in such
activities.

Despite legal restrictions, child labor was widespread, particularly in the informal
sector, where children often worked in hazardous conditions, including in
subsistence agriculture, fishing, and on small-holder and family farms. Child labor
was no longer widespread on commercial farms. Children also worked as
domestic servants. An estimated one million children between five and 17 years of
age--most between ages 13 and 17--worked.

The 2005 Kenya Integrated Household Budget survey indicated that 951,273
children under age 18 were employed: 79.9 percent worked in agriculture (coffee,
tea, rice, sisal, sugar, tobacco, and miraa--a stimulant plant) and 11.6 percent
worked in domestic services. While there were no recent official statistics, the
Ministry of Gender, Children, and Social Development and NGOs focused on child

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United States Department of State • Bureau of Democracy, Human Rights and Labor
 KENYA 46

labor problems. There was increased attention to this problem after the number of
children engaged in child labor rose sharply to an estimated 2 million children.
Anecdotal evidence suggested that with the difficult economic times, child labor
increased in 2011. The increase was attributed to increasing economic hardship,
with families relying more on children to earn wages to support the household.
During the year drought, inflation, and other economic conditions continued to
drive children into the labor market. The employment of children in the formal
industrial wage sector in violation of the Employment Act was rare. Children
worked primarily in the informal sector, which was difficult to monitor and
control.

Many children worked on family plots or in family units on tea, coffee, sugar,
sisal, tobacco, and rice plantations. Children also were used in the production of
flowers and miraa. Children also worked in mining, including abandoned gold
mines and small quarries, breaking rocks and sifting through tailings. Children
often worked long hours as domestic servants in private homes for little or no pay,
and there were reports of physical and sexual abuse of child domestics. Parents
sometimes initiated forced or compulsory labor by children, such as agricultural
labor, prostitution, and domestic servitude. During the year there were reports that
children participated in ethnic-based militia activity (see section 6).

The Ministry of Labor nominally enforced the minimum age statute. The ministry
remained committed to enforcing the statute, but implementation remained
problematic due to resource constraints.

The government worked closely with the COTU and the International Labor
Organization to eliminate child labor. The government continued to use its
practical guide to labor inspection and trained labor inspectors and occupational
health and safety officers to report on child labor. The National Steering
Committee on the Elimination of Child Labor, which includes the attorney general,
eight ministries, representatives of child welfare organizations, other NGOs,
unions, and employers continued to operate and met quarterly. The
Interministerial Coordination Committee on Child Labor, chaired by the minister
for gender, children, and social development, was responsible for setting general
policy.

Many NGOs were active on child labor issues and assisted in the return to school
of child laborers. During the year the government continued to implement a
multitude of programs for the elimination of child labor with dozens of partner
agencies. The partners placed the children in schools, vocational training

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United States Department of State • Bureau of Democracy, Human Rights and Labor
 KENYA 47

institutions, and apprenticeships, and supported income-generating activities for

thousands of parents. Partners also provided support to schools for income-
generating activities to help keep children from poor families in school.

In 2010 the Child Protection Department employed a total of 500 children’s

officers, including 50 new officers. During the year the government continued to
increase the number of such officers, yet its protection capacity remained limited.
Fifty new officers were hired during the 2010-11 fiscal year. The government’s
cash transfer program for orphans and vulnerable children covered 47 districts and
reached an estimated 100,000 beneficiaries. It was cofunded by the government
and development partners. The beneficiaries each received 3,000 shillings ($34)
per month. There were an average of three orphans and vulnerable children in
each beneficiary household who directly benefitted from the program.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor
at www.dol.gov/ilab/programs/ocft/tda.htm.

d. Acceptable Conditions of Work

Regulation of wages is part of the Labor Institutions Act, and the government
established basic minimum wages by occupation and location, setting minimum
standards for monthly, daily, and hourly work in each category.

During the year the Productivity Center of Kenya, a tripartite institution including
the Ministry of Labor, the Federation of Kenyan Employers, and the COTU,
continued to set wage guidelines for various sectors based on productivity,
inflation, and cost of living indices. While the center continued to set guidelines, it
did not have personnel with sufficient expertise to gain the respect of industry. On
May 1, the government raised the minimum wage by 12.5 percent. In many
industries workers were paid the legal minimum wage; however, in most cases
these wages were far outpaced by the cost of living. The lowest legal urban
minimum wage was increased to 7,586 shillings ($85) per month, and the lowest
agricultural minimum wage for unskilled employees was increased to 3,765
shillings ($44) per month, excluding housing allowances. Many employers did not
follow the authority’s recommendations. Most workers relied on second jobs,
subsistence farming, other informal work, or the extended family for additional
support. A large percentage of the labor force worked in the informal sector and
was not covered by these provisions.

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United States Department of State • Bureau of Democracy, Human Rights and Labor
 KENYA 48

The law limits the normal workweek to 52 hours (60 hours for night workers);
some categories of workers had lower limits. The law specifically excludes
agricultural workers from such limitations. An employee in the nonagricultural
sector is entitled to one rest day per week and 21 days of combined annual and sick
leave. The law also requires that total hours worked (regular time plus overtime)
in any two-week period not exceed 120 hours (144 hours for night workers).
Labor laws require two weeks’ paternity leave, three months’ maternity leave with
full pay, and compensation for both public and private employees for work-related
injuries and diseases.

While employees in the public sector enjoyed the benefits of paternity/maternity

leave and workplace compensation, those in the private sector did not fully enjoy
such benefits. Many employers did not allow paternity leave, but most respected
the maternity leave provisions of the law. However, in 2008 private employers
challenged the workers’ compensation provisions in court. At year’s end the case
continued.

Workweek and overtime violations also were reported during the year. Workers in
some enterprises, particularly in the EPZs and road construction, claimed that
employers forced them to work extra hours without overtime pay to meet
production targets. In addition employers often did not provide nighttime
transport, leaving workers vulnerable to assault, robbery, and sexual harassment.
During the year trade unionists complained that employers bribed some
government labor inspectors to avoid penalties for labor violations. The extremely
low salaries and the lack of vehicles, fuel, and other resources made it very
difficult for labor inspectors to do their work and left them vulnerable to bribes and
other forms of corruption. Employers in all sectors routinely bribed labor
inspectors to prevent them from reporting infractions, especially in the area of
child labor.

The law details environmental, health, and safety standards. Fines generally were
too low to deter unsafe practices. EPZs are excluded from the Factory Act’s
provisions. The Ministry of Labor’s Directorate of Occupational Health and
Safety Services (DOHSS) has the authority to inspect factories and work sites,
except in the EPZs. DOHSS health and safety inspectors can issue notices against
employers for practices or activities that involve a risk of serious personal injury.
Such notices can be appealed to the Factories Appeals Court, a body of four
members, one of whom must be a high court judge. The law stipulates that
factories employing 20 or more persons have an internal health and safety
committee with representation from workers. Workers, including foreigners and

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United States Department of State • Bureau of Democracy, Human Rights and Labor
 KENYA 49

immigrants, theoretically have the right to remove themselves from situations that
endanger health or safety without jeopardy to their employment. The Ministry of
Labor did not effectively enforce these regulations, and despite the law, workers
were reluctant to remove themselves from working conditions that endangered
their health or safety due to risk of losing their jobs.

The DOHSS employed 79 inspectors, far short of the 168 reportedly needed to
inspect factories adequately and enforce its safety and health orders. No new
inspectors reportedly have been hired since 2007. There continued to be
widespread hazards, such as lack of basic safety equipment and emergency escape
routes in many companies. During the year violations of health and safety
conditions were found routinely in the EPZs and other sectors, such as small
horticultural producers.

According to the government, many of the largest factories had instituted health
and safety committees by year’s end.

Country Reports on Human Rights Practices for 2011

United States Department of State • Bureau of Democracy, Human Rights and Labor