Kenya: Visits & Communications
Correspondence from 2006
The record of correspondence for 2006 is excerpted from the official United Nations report, E/CN.4/2006/53/Add.1.
Kenya: Killing of Demonstrators in Kisumu
Violation alleged: Deaths due to the excessive use of force by law enforcement officials
Subject(s) of appeal: 1 female (minor); 4 males (2 minors); persons exercising their right to freedom of opinion and expression
Character of reply: No response (recent communication)
Observations of the Special Rapporteur
The Special Rapporteur looks forward to receiving a response concerning these allegations.
Allegation letter sent on 28 November 2005
I would like to draw the attention of your Excellency's Government to information I have received regarding lethal force used against demonstrators. According to the information I have received, at least five have died and thirty were hospitalized with gunshot wounds due to the use of police force in the city of Kisumu during the weekend of October 29th. Police reportedly used live ammunition, batons and tear gas to disperse stone-throwing youths who were rallying against the draft constitution currently being debated. Among the four confirmed dead is 14 year-old Paul Limera, 17 year-old Hillary Ochieng, who was shot in the left leg and then allegedly clubbed to death by the police, 15 year-old Vincent Otieno, Mr George Ogada, a 32-year-old milk vendor, and Paul Mwela. These allegations are of particular concern to the extent that they suggest a pattern of lethal force used by police at political rallies, such as the reported recent use of live ammunition to suppress protesting youth at the Wajir rally on October 10th.
According to some reports, the police commissioner Hussein Ali cleared the police of blame, maintaining that live ammunition was used only at a police post where a mob was attempting to rescue a suspect arrested earlier in the day. However, other reports have stated that this report had been determined false.
While I do not wish to prejudge the accuracy of the allegations, I would like to draw the attention of your Excellency's Government to relevant principles of international law. The International Covenant on Civil and Political Rights (Article 6) provides that every individual has the right to life and security of the person, that this right shall be protected by law and that none shall be arbitrarily deprived of his or her life. The U.N. Basic Principles on the Use of Firearms by Law Enforcement Officials explain that to disperse violent assemblies, law enforcement officials may use firearms only when less dangerous means are not practicable and to the minimum extent necessary (§14); intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life (§9); furthermore, a clear warning of the intention to use firearms must be provided (§10). Additionally, §7 of the Basic Principles states that the abusive use of firearms by law enforcement officials must be punished as a criminal offence. Indeed, these rules are entailed by the legal duty to respect the right to life recognized in Article 6(1) of the International Covenant on Civil and Political Rights.
In this context, I urge your Excellency's Government to take all necessary measures to investigate the allegations, adequately sanction officers found to have unlawfully resorted to lethal force, and take all necessary steps to ensure that police actions comply with international human rights law.
It is my responsibility under the mandate provided to me by the Commission on Human Rights and reinforced by the appropriate resolutions of the General Assembly to seek to clarify all such cases brought to my attention. Since I am expected to report on these cases to the Commission, I would be grateful for your cooperation and observations on the following matters:
1. Are the facts alleged in the above summary of the case accurate?
2. Please provide the details, and where available the results, of any police investigation, and judicial or other inquiries carried out in relation to the death of the above-mentioned victims.
3. Please provide the full details of any disciplinary action and prosecution undertaken with regard to police officers found responsible.
Correspondence from 2005
The record of correspondence for 2005 is excerpted from the official United Nations report, E/CN.4/2005/7/Add.1.
Country: Kenya
Type, date and summary of communication: Allegation, 25 May 2004. A child was reportedly burned to death on 18 February 2004 when members of the Pok community, supported by the local MP John Serut and the District Commissioner Mr James Ole Seriani allegedly seized the farms of the neighbouring Chepkitale community and set fire to their houses, food stores, and other property. According to the information received, over the course of five days (18-23 February 2004), more than 200 houses belonging to members of the Chepkitale community were burned and five Chepkitale (Ogiek) people were injured.
Government reply: No response.
Correspondence from 2004
The record of correspondence for 2004 is excerpted from the official United Nations report, E/CN.4/2004/7/Add.1.
Communication sent
On 7 August 2003, the Special Rapporteur, jointly with the Special Rapporteur on torture, sent a communication to the Government of Kenya in connection with the following individual cases.
John Gachungu Mwangi, aged 50, reportedly died on 5 April 1999 in Thika police station, after he was arrested by the police for being in possession of chang’aa. An autopsy was reportedly performed on 13 April 1999 at the City Mortuary, Nairobi, according to which his death could be attributed to being struck on the head with a blunt instrument. In addition, there were reportedly indications that he was alive for some time following the injuries.
Dismas Maina Muthogu, aged 47, was reportedly arrested on 30 June 1999 and taken to Juja police station where, according to a police post-mortem report, he committed suicide by hanging on 1 July 1999. Another post-mortem report received by the Special Rapporteurs suggested that the deceased was subjected to some degree of physical violence before his death.
Peter Kariuki, aged 31, reportedly died on 17 July 1999, two hours after he was reportedly arrested by police and taken to Karia police post. According to an autopsy conducted on 22 July 1999, there was significant bleeding into the soft tissue over the knees, wrist regions, ankle joints and elbows, a large haematoma in the left deltoid muscle and bleeding in the right shoulder joint, as well as bruising of the soft tissue around the manubrum sternum. The post-mortem report received by the Special Rapporteurs indicated that the cause of death could have been asphyxia due to mechanical neck compression.
Kennedy Ouko Nyanoti, aged 24, was reportedly admitted to Kenyatta National Hospital Intensive Care Unit on 19 July 1999 after he was allegedly assaulted by two prison warders at Hamit. He reportedly sustained a head injury and remained unconscious until he died on 27 July 1999. The Special Rapporteurs received a post-mortem report which confirmed these allegations.
Correspondence from 1983-2002
The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has been corresponding with Governments regarding alleged violations since the mandate was established over two decades ago. While the Project on Extrajudicial Executions is making efforts to provide easily browsed versions of as many years as possible, much of the earlier correspondence is available only in the PDF versions of reports from 1983 to the present.