Kenya

Kenya is a republic dominated by a strong presidency.  President Daniel Arap Moi, who has led the ruling Kenya African National Union (KANU) and served as President since 1978, was reelected most recently in 1997 in the country's second general election since the restoration of multiparty politics in 1991.  Since independence in 1963, no president ever has left because of an electoral loss, and KANU has controlled both the presidency and the national legislature continuously, although other parties were illegal only from 1982 to 1991.  KANU won a majority of the popular vote and a narrow majority of parliamentary seats in the 1997 general elections.  While there were numerous flaws in the 1997 elections, observers concluded that the vote broadly reflected the popular will.  In June President Moi appointed National Development Party (NDP) leader Raila Odinga and three other NDP Members of Parliament (M.P.'s) to his cabinet.  KANU and NDP have formed an alliance and are contemplating a full merger.  At year's end, KANU and NDP members held 139 of 222 seats in the unicameral National Assembly.  In addition to his role as President, Moi is the commander in chief of the armed forces, and he controls the security, university, civil service, judiciary, and provincial, district, and local governance systems.  The judiciary suffers from corruption and is subject to executive branch influence.

In addition to the armed forces, there is a large internal security apparatus that includes the police's Criminal Investigation Department (CID), the National Security Intelligence Service (NSIS), the National Police, the Administration Police, and the paramilitary General Services Unit (GSU), which details members on a rotating basis to staff the 700-person Presidential Escort.  The CID investigates criminal activity and the NSIS collects intelligence and monitors persons whom the State considers subversive.  In 1999 in an effort to improve the accountability of investigative services, Parliament passed and implemented laws that removed arrest authority from the NSIS and separated the organization from the CID.  While civilian authorities generally maintain effective control of the security forces, there were some instances in which the security forces acted independently of government authority.  Members of the security forces, especially the police, continued to commit numerous, serious human rights abuses.

The large agricultural sector provides food for local consumption, substantial exports of tea, coffee, cut flowers, and vegetables, and more than 70 percent of total employment for the country's population of approximately 29 million.  Estimates for the unemployment rate range from the official 25 percent to more than 50 percent.  Although many sectors continued to be dominated by state-owned monopolies, the nonfarm economy includes large privately owned light manufacturing, commercial, and financial sectors.  Tourism was the third largest source of foreign exchange earnings after tea and other agricultural exports.  Major international financial institutions continued their suspension of financial assistance following a 2000 court ruling that the Kenya Anti-Corruption Authority's investigatory and prosecutorial powers were unconstitutional, and the cancellation of other anti-corruption measures.  During the year, annual per capita gross domestic product declined in real terms to approximately $271 (21,200 shillings).  The spread of HIV/AIDS, which was estimated to have infected approximately 14 percent of the population between the ages of 14 and 49, as well as drought and famine in some rural areas during the year, exacerbated economic problems.

The Government's human rights record remained poor, and it continued to commit numerous, serious abuses.  Citizens' ability to change their government peacefully has not yet been demonstrated fully.  Security forces, particularly the police, continued to commit extrajudicial killings, torture and beat detainees, use excessive force, rape, and otherwise abuse persons.  Prison conditions remained life threatening.  Police harassed and arbitrarily arrested and detained persons, including journalists, politicians, and political activists.  The Government arrested and prosecuted a number of police officers for abuses; however, most police who committed abuses were neither investigated nor punished.  Lengthy pretrial detention is a problem, and the judiciary is subject to executive branch influence.  The authorities infringed on citizens' privacy rights.  The Government limited freedom of speech and of the press, and harassed, intimidated, and economically pressured newspapers that often were critical of the Government; however, in recent years the Government continued to reduce its domination of the domestic broadcast media.  The Government repeatedly restricted freedom of assembly, and the police disrupted public meetings and used force to disperse demonstrators and protesters.  The Government restricted freedom of association.  The Government continued to limit the independence of its Standing Committee on Human Rights (SCHR), and the President continued to criticize nongovernmental human rights organizations (NGO's) for their alleged involvement in partisan politics.  Violence and discrimination against women and abuse of children remained serious problems.  Female genital mutilation (FGM) remained widespread, child prostitution remained a problem, and the spread of HIV/AIDS created many orphans.  There was some discrimination against persons with disabilities.  The Government continued to exacerbate ethnic tensions by discriminating against many ethnic groups; interethnic tensions continued and resulted in numerous violent conflicts and some deaths.  There continued to be reports of ritual murders associated with aspects of traditional indigenous religious rites.  The Government continued to limit some worker rights.  Child labor remained a problem, and there were instances of forced child labor.  Violence by mobs and by nongovernmental armed groups also resulted in many deaths.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including

Freedom From: 

a.      Arbitrary or Unlawful Deprivation of Life

Security forces, especially members of the police, the GSU, and the CID, continued to use lethal force and committed a number of extrajudicial killings.  According to government figures, police killed 137 suspected criminals, and another 31 suspects and detainees died while in police custody during the year.  The Kenyan Human Rights Commission (KHRC), a domestic NGO, reported that police killed 251 persons during the year (compared with 198 persons in 2000), including 49 by torture (see Section 1.c.).  However, People Against Torture (PAT) reported 70 cases of death by torture and still was documenting cases at year's end (see Section 1.c.).  Police often were not restrained in the use of lethal force, especially when confronting armed criminal suspects, and the Government generally failed to take appropriate action against members of the security forces accused of unlawful or arbitrary killings.

According to a human rights organization, Muslims for Human Rights (MUHURI), on January 18 in Mombasa, police allegedly tortured, shot, and killed Abdillahi Mohamed Mashuhuri after raiding his home (see Sections 1.c., 1.d., and 1.f.).  MUHURI has demanded the arrest of the officers involved; a government investigation into the death of Mashuhuri was ongoing at year's end.

On February 17, police shot and killed Allan Mbito, a 22-year-old student at the University of Nairobi and the son of a prominent judge, as he was walking back to his campus at night.  An autopsy revealed that Mbito was shot twice from behind, which contradicted police accounts of the incident.  The police claimed that Mbito had approached three plain-clothes officers with a "simi" (a machete) and that the officers shot Mbito only after he did not heed their order to stop.  The three officers involved in the killing were arrested, and the President personally promised justice.  On December 23, one of the three officers was sentenced to 10 years in prison; the other two officers remained in detention pending trial at year's end.  Human rights organizations condemned the killing and applauded the swift action against the offenders; however, they also criticized the Government's inaction on numerous other cases. 

On March 25, administration police (AP's) guarding the home of the Minister for Rural Development shot and killed Francis Kiraha Kibugi, a prominent Nairobi businessman, following a traffic accident and an argument between Kibugi and a taxi driver.  The officers reportedly jumped the fence of the compound they were guarding and fired five shots, killing Kibugi and injuring the taxi driver.  The two officers later were arrested, and the hearing was ongoing at year's end. 

On March 30, four armed men carjacked Geoffrey Ngoima Mbugua, a minister at the Presbyterian Church of East Africa's (PCEA) Thika parish and a lecturer at St. Paul's Theological Seminary (see Section 2.c.).  Police officers pursued the vehicle; when the armed men began shooting at the police, the police shot back, killing Mbugua; the perpetrators escaped.  No investigation into the case had occurred by year's end, and it is unlikely that an investigation will be undertaken; the killing was considered to have taken place while the officers were discharging their duties, and it does not appear that the crime was religiously motivated. 

On July 25, police from a special response squad shot and killed seven suspected bank robbers who were traveling by bus on the main highway leading into Nairobi.  Police officers allegedly stopped the bus and ordered all of the passengers out of it.  Several witnesses reported that the officers then identified the suspected criminals, frisked and disarmed them, ordered them to lie face down on the ground, and shot them.  The life of an eighth suspected criminal, a GSU policeman, reportedly was spared following pleas from his pregnant wife; however, police arrested and reportedly beat him.  Police claimed the seven victims were killed during a shoot-out after they drew their weapons and shot at the police officers trying to arrest them.  The Government has not charged the police officers with any offense; however, it has ordered an investigation after public protest over the killings.  No arrests were made by year's end. 

On July 29, security officers shot and killed a primary school teacher during a fight between Kisii and Maasai youths (see Section 5).  No action was taken against the officers by year's end.  Some Kisii leaders claim the security forces target the Kisii community for failing to elect a KANU candidate in a parliamentary by-election in January (see Sections 3 and 5).

In 2000 after numerous deadly attacks on police, Marsden Madoka, Minister of State in the Office of the President, stated that police should use lethal force to eliminate criminals from the streets.  The Minister's comments reflect a growing concern that security forces often are not armed or equipped sufficiently.  In responding to continuing high levels of crime, some police used excessive force.  Police claim that the increased use of sophisticated weapons by criminals has increased the risks faced by police in discharging their duties.

The KHRC reported there were incidents in which police killed bystanders while exchanging gunfire with criminals; however, further information and specific examples were not available at year's end.

Some official efforts have been made to punish police abuses.  In March 2000, a police officer in Meru reportedly killed Wallace Kiogora; the officer was arrested.  A subsequent public inquest into Kiogora's death was held, and the court ruled that no one was to blame for the death.  In March 2000, Philip Kopkoech Kirui died after he allegedly had been tortured.  Five police officers based at the Londiani Police Station were charged with Kirui's killing, and the case was pending in the courts at year's end.  In January 2000, authorities arrested two police officers who allegedly beat Joseph Ndung'u Nyoike; the 10-year-old boy died after spending the night in prison.  The court dropped murder charges against one of the officers for lack of evidence; the other officer committed suicide in October 2000.  In August 1999, police killed five Muslim worshipers in the Anas Bin Malik Mosque in Chai village, near Mombasa.  Within 1 month of the killings, the Government charged two police officers; one of the officers later escaped, and the case against the other officer was pending before the Senior Resident Magistrate in Mombasa at year's end.  In November 1999, a trial began against Justus Munyao Kovu and Gabriel Muendo, two Makueni police officers accused of killing Mwendo Kiema during detention in July 1999.  No further information was available at year's end.  In July the High Court sentenced to death a police officer for the murder of a 14-year-old street boy in 1998.  In December 2000, an inquest was completed into the January 1997 death of Catholic lay brother Larry Timmons in Njoro.  In August a police officer was indicted for the killing; the trial date had not been set by year's end.  

On June 15, the SCHR released its investigation report into the 2000 case in which prison guards at the King'ong'o Prison in Nyeri killed six inmates who were attempting to escape.  Officials initially claimed that guards shot the six as they fled; however, the report concluded that the prison guards bludgeoned the inmates to death to cover up a plot by the guards to facilitate the escape of another inmate.  In August following the release of the SCHR report, a judge recommended that the Attorney General charge Professor Onesmus Mutungi, chairman of the SCHR, with contempt of court for releasing the report, and Joseph Odindo, managing editor of the Daily Nation newspaper, for publishing the conclusions of the report.  The judge reportedly thought that the release of the report compromised the inquest by the Attorney General, which was completed during the year; a trial was scheduled for January 2002. 

Two police officers were charged with manslaughter during the year for the May 2000 killings of two suspected carjackers; one of the officers escaped, and a trial was scheduled for the other in December.  It was unknown whether the trial was held by year's end.  An inquest before the Principal Magistrate's Court at Kerugoya was ongoing at year's end into the case of Sophia Nyaguthil Mbogo, who died in custody at the Kagio Police Post in April 2000 reportedly after she was beaten by a policeman (see Section 1.c.); no arrests were made in the case.  An inquest into the March 2000 killings of eight suspected carjackers was ongoing at year's end.  In January 2000, police from the Mukuruweini police station allegedly beat to death Philip Machau.  An inquest into this case by the Chief Magistrate in Nairobi was completed, and the court ruled that the two officers should stand trial.  The trial date was pending at year's end.

There were some internal police investigations into the many killings of civilians by members of the security forces and some prosecutions; however, few were effective.  The authorities sometimes attribute the absence of an investigation into an alleged extrajudicial killing to the failure of citizens to file official complaints.  However, the form required for filing complaints is available only at police stations, which often lack the forms or are not forthcoming in providing them.  There also is considerable public skepticism of a process that assigns the investigation of police abuse to the police themselves.  The Police Department reported that 73 police officers were charged during the year for various offenses (the offenses were not noted); only 13 were tried.  Of those tried, 9 were acquitted; 1 officer received a 10-year sentence; another received a 3-year sentence; 1 was imprisoned for 15 months; and another was fined approximately $128 (10,000 shillings).

An investigation into the January 2000 killing of 5-year-old Chesortich remained open during the year; however, the body never was found. 

The investigations were ongoing at year's end into the September 1999 killings of Mwanzia Mutkuku and of two armed men at a Nairobi bank.  During the year, three police officers charged with the June 1999 killings of Victor Polo and Vincent Odhiambo were convicted of manslaughter and sentenced to 15 years imprisonment.  An investigation into the January 1999 killings of two rice farmers in Mwea was ongoing at year's end.

There were no reported investigations into the following 1999 cases during the year: The July killings of Peter Kariuki, Jacob Anaseti, and Ramadhani Barula; the April killing of Ahluwalia Subir Ahluwalia; the March killing of Ibrahim Kullow Hussein; the February killing of Elijah Kimani Mwaura; and the February killing of David Muragi.

A hearing before the Senior Resident Magistrate in Kitale in the 1997 deaths in police custody of Moses Macharia Gicheru and Lomurodo Amodoi was ongoing at year's end. 

In April the U.S. Federal Bureau of Investigation (FBI) released its final report into the August 2000 death of Father John Anthony Kaiser, a Catholic priest working in the country for more than 30 years; the report concluded that the evidence collected was most consistent with suicide (see Section 2.c.).

Unlike in the previous year, there were no reports of fighting between Muslim worshippers and local traders over land surrounding mosques. 

Hundreds of prisoners died in custody due to life-threatening prison conditions, including inadequate food and medical treatment (see Section 1.c.).  The Government recorded 464 deaths in prisons between January and November.

Mob violence continued at high levels during the year, which observers believe may have been associated with a continuing high crime rate.  According to the Government and the KHRC, 56 persons were killed in mob violence during the year.  Human rights observers attribute mob violence to a lack of public confidence in the police and the judicial process.  The great majority of mob violence victims, who died by lynching, beating, or burning, were persons suspected of criminal activities, including robbery, cattle rustling, and membership in terror gangs.  However, the social acceptability of mob violence also provided apparent cover for personal vengeance under the guise of "mob justice."  In late April in a Nairobi slum, following beatings of two gang members by residents angered over recent gang muggings, the remaining gang members attacked the residents; seven people were killed in the ensuing violence.  A man also was stoned to death during the violence after he shot and killed an 8-year-old boy.

In early May in the Kericho District of Rift Valley Province, a mob attacked a suspected murderer and set fire to many houses in revenge for the killing of a local businessman.  Although police rescued the suspected murderer from the mob, a man was stoned to death as he fled his burning home.  The incident also reportedly exacerbated ethnic tension in the area (see Section 5).

Occasionally mobs killed members of their communities on suspicion that they practiced witchcraft; however, there were no statistics available on the number of such deaths during the year (see Section 5).

Interethnic violence continued to cause numerous deaths (see Section 5).  Some of these disputes spilled over into the country from neighboring countries (see Section 2.d.).

In 2000 armed men reportedly from Ethiopia killed nine persons and seriously injured five others near the border town of Moyale.  Local politicians claimed that the attackers had support from Ethiopian security forces; the incident was not resolved by year's end. 

 Unlike in the previous year, there were no reports that the Oromo Liberation Front (OLF), an Ethiopian rebel group, laid landmines in northern areas of the country near the Ethiopian border.

b.      Disappearance 

There were no reported cases of politically motivated disappearances.

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

The Constitution states that "no one shall be subject to torture or degrading punishment or other treatment;" however, security forces continued to use torture and physical violence during interrogation and to punish both pretrial detainees and convicted prisoners.  Although authorities periodically issue directives against the use of torture by police, the problem persists.  Human rights organizations, churches, and the press highlighted and criticized numerous cases of torture and several cases of indiscriminate beating of groups of persons by police during the year.  Common methods of torture practiced by police included hanging persons upside down for long periods, genital mutilation, electric shocks, and deprivation of air by submersion of the head in water.  The KHRC reported 49 torture-related deaths during the year, and PAT reported 70 cases of death by torture and 238 total cases of torture; however, PAT still was documenting cases at year's end (see Section 1.a.).

There were numerous allegations of police use of excessive force and torture.  The KHRC believe police brutality is widespread and estimated that there were hundreds of cases during the year.  Detainees routinely claimed that they had been tortured, making it difficult to separate real from fabricated incidents.  According to MUHURI, on January 18, police allegedly tortured, shot, and killed Abdillahi Mohamed Mashuhuri (see Sections 1.a., 1.d., and 1.f.); no action was taken against the responsible officers by year's end. 

On January 2, Arwings Odera was charged with publishing false information; in December 2000, police reportedly shot and injured Odera (see Sections 1.d. and 2.a.).  No action was taken against the police by year's end.

In June The Nation newspaper reported that Francis Muruatetu testified that he had been tortured by police into confessing to a murder.  The victim, a retired police inspector, reportedly said that he was hung naked from a tree in a forest where a dead body hung from another tree; the police allegedly shot at the other body while they interrogated Muruatetu.  The victim also claimed that he was denied food and medicine during his 4 days' detention.  During his trial, the court determined that his allegations of torture were unfounded.

According to an unconfirmed report published on August 1 in the People Daily newspaper, workers at Nyeri Provincial Hospital said that prison wardens from King'ong'o prison pulled a murder suspect from his hospital bed and returned him to the prison.  The suspect reportedly claimed that he was beaten outside the hospital and then beaten unconscious after he returned to the prison.  Prison guards reportedly returned the suspect to the hospital the following day out of fear that he might die from his injuries.

According to organizations that work with street children, police also beat and abuse street children (see Section 5).  The case against Mombasa police officers Mwinge Chula and Peter Ndwiga, who were arrested for raping a 13-year-old street girl in May 1999, was pending at year's end. 

Police repeatedly used excessive force and beat persons when breaking up demonstrations and opposition political party rallies (see Sections 2.b. and 6.a.).  Police forcibly dispersed several protests after they became violent, injuring some persons (see Section 2.b.).

Following President Moi's December 2000 ban on all future rallies by Muungano wa Mageuzi (MWM or Movement for Change), police prevented or forcibly dispersed all rallies held by the group, which resulted in several injuries and arrests

(see Sections 1.d., 2.a., 2.b., and 3).

On February 4, police beat and arrested James Orengo when he notified them of a planned MWM rally; on February 8, police forcibly prevented the rally (see Sections 1.d. and 2.b.).  On July 7, police again beat and arrested Orengo and environmental activist Wangari Maathai at a rally to commemorate the anniversary of the multi-party movement; they were released and their cases were pending at year's end (see Sections 1.d. and 2.b.).  On July 22, police used tear gas to forcibly disperse a rally in Kapsabet town (see Section 2.b.).

On October 20, police arrested 71 members of the Release Political Prisoners (RPP) group, prominent activist Kivutha Kibwana, and members of other NGO's for holding an illegal meeting to commemorate Kenyatta Day (see Sections 1.d. and 2.b.).  Police reportedly used tear gas during the arrests and beat some of the detainees.  On October 21, members of the RPP converged on the police station where the detainees were being held to call for their release.  Police officers responded with tear gas and beat the RPP members with batons and hockey sticks.  On October 26, the detainees were released on bond and scheduled for trial in December; all charges against the group later were dropped (see Sections 1.d. and 2.b.).

In May 2000, President Moi was quoted widely in the press calling for action against the Mungiki religious and political group; police forcibly disrupted several of the group's meetings during the year, injuring several persons (see Section 2.b.).  On April 18, police used tear gas and batons to forcibly disperse a march by Mungiki members; numerous persons were injured, (see Sections 1.d., 2.b., and 2.c.).  The Government arrested numerous Mungiki members during the year (see Section 1.d.).

Student protests and riots occurred frequently during the year, and police forcibly dispersed several protests after they became violent, which resulted in injuries.

Unlike in the previous year, there were no violent incidents during the elections to the Kenya Tea Development Authority's Board of Directors (the cooperative which represents the country's 56 tea factories).

In 2000 94 M.P.'s released a report entitled "The Politicization and Misuse of the Kenya Police and the Administration Police Force," which criticized the police for misuse of force and human rights abuses.  The SCHR wrote in its 2000 report that the "majority of [human rights] cases have involved torture and brutality meted out to individuals mainly by law enforcement agencies and others whose primary duty would be to protect and defend those very rights."  In June 2000, President Moi ordered police to stop using live ammunition when quelling riots; however, the pronouncement had little effect on police behavior.

During the year, the Government investigated some allegations of police use of excessive force and torture, and prosecuted several police officers; some officers were charged, convicted, and sentenced for killings (see Section 1.a.).  The Government recorded no cases of torture during the year.  In September 2000, prison guards at the King'ong'o Prison in Nyeri killed six inmates who were attempting to escape (see Section 1.a.).  Officials initially claimed that guards shot the six as they fled; however, there were media and NGO reports that the six had died of blows to the head and severe beatings after recapture.  By some accounts, the dead inmates had their eyes gouged out and heads beaten and were disfigured beyond recognition.  The Attorney General ordered an inquest into the killings, and the police were investigating the matter at year's end.  A woman, Margaret Njeri, claimed that police tortured her to extract a confession; police officers allegedly stripped, whipped, beat her until she bled, and sexually abused her.  In 2000 Njeri filed a formal complaint to police and said that she intended to sue police for damages; the case was pending at year's end.  In May 2000, police officers Charles King'ori and Wilson Kinyanjui from the Makueni Police Station allegedly undressed Charles Muteti Mulwa, bound his hands and legs, and sexually abused him.  King'ori and Kinyanjui were charged with assault and their cases were pending before the Makindu Principal Magistrate at year's end, and further hearings were scheduled for February 2002; it was unknown whether they were in detention or released on bail.

In September 2000, a magistrate in Nakuru granted the request of six army officers, Nahashoon Kili, Moses Kiprotich, John Masai, Joseph Tanui, Henry Buienei, and Tito Rono, to pursue charges of torture against members of the 66th Artillery Battalion; the six had been held for 6 months in 2000 on suspicion of mutiny.  On February 3 in Eldoret, four of the six officers told journalists that while under military detention, they had their testicles pricked with needles, were beaten, were deprived of food for days, and were doused with cold water while naked.  The officers said they were tortured into falsely confessing to having planned a mutiny.  During the year, the Chief Magistrate dismissed the case against the members of the 66th Artillery Battalion for procedural reasons; the army officers appealed the decision, which was pending at year's end.

In 2000 authorities disbanded a special squad of 30 police officers attached to the CID because they allegedly were involved in numerous robberies, carjackings, and killings.  Due to lack of evidence against them, there were no reports that members of the squad, reportedly code-named Alfa Romeo, were prosecuted by year's end.  The Attorney General's office reported that the officers were redeployed in order to enhance efficiency, not for any illegal activities.

The inquest into the April 2000 killing of Sophia Nyaghthii Mbogo was ongoing at year's end.  The inquest into the January 2000 killing by two officers of Philip Machau was completed during the year; the officers were awaiting trial at year's end.

The December 2000 case of Betty Dindi and the January 2000 killing of Joseph Ndung'u Nyoike, which involved torture, beatings, or abuse by members of the security forces, were dismissed due to lack of evidence. 

No action was taken in the February 2000 beating case of journalist Mohammed Sheikh; the Government claimed that it was unaware of Sheikh's complaint and that Sheikh could not be found.

There was no known action taken against members of the security forces responsible for torturing, beating, or abusing the persons in the February 2000 case in which police fired at suspected robbers who were fleeing from police and seriously injured a teenaged boy and the January 2000 case of William Tanui.

No known action was taken during the year against police who reportedly used excessive force when breaking up demonstrations, student riots, or Mungiki meetings on the following dates in 2000: December 17; December 13; September 11; August 19; July 30; June 21; June 20; June 12; and February 28.

Investigations were ongoing in the following 1999 cases: The case of Julius Muhoro Mugo, who was tortured by CID officers; and the case of Johnnes Musyoka Kimonyi, who was beaten by police in Buru Buru.

The May 1999 case of residents of Balessa and El Hadi and the April 1999 case of Duncan Ndwega, which involved torture, beatings, or abuse by members of the security forces, were dismissed due to lack of evidence.

Police denied that charges of torture, beating, or abuse had been filed in the following 1999 cases: The September case of Geoffrey Mbuthia Nduati; the February case of Peter Macendu; and the January case of Jeremiah Kasuku. 

There was no known action taken against members of the security forces responsible for torturing, beating, or abusing the persons in the following 1999 cases: The May case of James Orengo; and the January case in which police beat a crowd protesting the results of the National Assembly by-election in Eastern Province.

Caning continued to be used as punishment in cases such as rape (see Section 5).

Acts of violence, including rape, banditry, and shootings, occur regularly near refugee camps (see Sections 2.d. and 5).

There were several violent incidents between progovernment supporters and opposition supporters during the year, mostly during opposition rallies (see Section 2.b.).

Unlike in the previous year, there were no reports of fighting between Muslim worshippers and local traders over land surrounding mosques. 

Prison conditions are harsh and life threatening, due both to a lack of resources and to the Government's unwillingness to address deficiencies in the penal system.  Prisoners are subjected to severe overcrowding, deficient health care, and receive inadequate water, diet, and bedding.  Police and prison guards subject prisoners to torture and inhuman treatment (see Section 1.a.).  Rape of both male and female inmates, primarily by fellow inmates, is a serious problem, as is the increasing incidence of HIV/AIDS.  Disease is widespread in prisons, and the death rate is high.  Only one prison health facility had a resident doctor.  The others were staffed by clinical officers or nurses posted from the nearest government hospital.  Prisoners sometimes are kept in solitary confinement far longer than the maximum 90 days allowed by law.  Prisoners and detainees frequently are denied the right to contact relatives or lawyers.  On July 4, The Nation newspaper reported on its investigation into prison conditions nationwide.  The article highlighted the difficulty family members have in visiting prisoners, including numerous bureaucratic and physical obstacles, each requiring a bribe.

The country's prisons reportedly hold 2 to 3 times their estimated combined capacity of 15,000 inmates.  The average daily population of prison inmates was 38,739, 33 percent of whom were pretrial detainees.  While the prison population has increased steadily over the last several years, prison facilities have not.  According to the Government, there are 89 prison facilities.  Overcrowding led to health-related problems arising from the sharing of amenities, encouraged the spread of infectious diseases, and resulted in food and water shortages.  There is little access to health care and medicine.  According to the Government, 464 prisoners died in jails during the first 11 months of the year, compared with 768 in 2000.  Deaths were due chiefly to tuberculosis, dysentery, anemia, malaria, heart attack, typhoid fever, and HIV/AIDS, for which there is little access to health care and medicine. 

On March 23, the KHRC hosted a public meeting at which former prisoners discussed their experiences while in prison.  The former prisoners described prisons as full of disease, death, corruption, and brutality with guards demanding bribes for the most basic amenities.  Responding to public allegations of unacceptable detention conditions, in 2000 the Government sent to Kodiaga Prison a fact-finding team, which found that prison conditions were acceptable.  In January 2000, Commissioner of Prisons Edward Lokopoyit dismissed allegations of widespread torture in prisons; however, press reports continue to highlight the substandard conditions in the prisons.  In September 2000, the Attorney General said publicly that some prisons were "unfit for humans."  The following day, the Nyeri District Commissioner decried poor prison conditions countrywide.

By most accounts, prisoners receive three meals per day; however, in the past there have been reports of food shortage as well as reports that senior prison officers misappropriated the meat provided for prisoners.  There were no reports during the year of food shortages or that prisoners died from hunger.  During a 1999 visit by the U.N. Special Rapporteur for Torture, Nigel Rodley, prison authorities at Nakuru GK Prison confirmed that inmates on remand received half the ration of food provided to regular prisoners because they did not work.

Men, women, and children officially are kept in separate cells, and there were no reports that men and women were placed in the same cells.  Women sometimes lack access to sanitary napkins and often have only one change of clothes, leaving them naked during the washing of their laundry.  Young teenagers frequently are kept in cells with adults in overcrowded prisons and detention centers.  Youth detention centers are understaffed, and inmates have minimal social and exercise time.  Some young inmates remain for years in the centers, as their cases await resolution.  

Nearly all prisoners serving more than 6 months in prison work in the prison industries and farms.  Men work in printing services, car repair, tailoring, metal work, and leather and upholstery work.  Women are taught sewing, knitting, dressmaking, rug making, basket weaving, jewelry making, and other crafts.  Outdated laws mandate prisoners' earnings at $0.35 to $0.70 per year.  Prisoners on good conduct can, with permission, work beyond the 8-hour day to produce goods, from which they earn two-thirds of the profits.  Prisons are unable to invest these sizable profits in the prisons because income generated from the sale of prison products is sent directly into the Government Consolidated Fund.  Some observers allege that prison officials use the free prison labor for personal profit; however, many inmates leave prison with a valid trade certificate. 

The courts are responsible partly for overcrowding, as the backlog of cases in the penal system continues to fill the remand sections of prisons (see Section 1.d and 1.e.).  Many detainees spend more than 3 years in prison before their trials are completed, often because they cannot afford even the lowest bail.  Very few can afford attorneys.

The Government does not permit consistent independent monitoring of prison conditions.  In general the Government does not permit domestic NGO's to visit prisons; however, some independent NGO's work with the Government in evaluating torture cases and performing autopsies on deceased prisoners.  The SCHR has the authority to inspect prison facilities on demand at any time.  The SCHR inspected several prisons during the year and found very poor conditions.  For example, the Industrial Area Prison in Nairobi housed 3,000 prisoners despite a capacity for only 500.))  In 2000 U.N. Special Rapporteur Rodley released a report on his visits to several prisons in 1999.  Rodley noted the problems of limited access by observers, poor sanitation and health care, and overcrowding.

d.      Arbitrary Arrest, Detention, or Exile

Despite constitutional protections, police continued to arrest and detain citizens arbitrarily.  The Constitution provides that persons arrested or detained be brought before a court within 24 hours in noncapital offenses and within 14 days in capital cases.  The Penal Code specifically excludes weekends and holidays from this 14-day period.  The law does not stipulate the period within which the trial of a charged suspect must begin.  Indicted suspects often are held for months or years before being brought to court.  The Government has acknowledged cases in which persons have been held in pretrial detention for several years.  Police from the arresting location are responsible for serving court summons and for picking up remandees from the prison each time the courts hear their cases.  Police often fail to show up or lack the means to transport the remandees, who then must await the next hearing of their case.  For example, in the case of six army officers who pursued charges of torture against members of the 66th Artillery Battalion, the courts later criticized Police Commissioner Philemon Abong'o for failing to serve the accused army officials with the court summons (see Sections 1.a. and 1.c.).

The law provides that families and attorneys of persons arrested and charged are allowed access to them, although this right often is not honored (see Section 1.c.).  Family members and attorneys may visit prisoners only at the discretion of the authorities.  This privilege often is denied.  For those who have been charged, it often is possible to be released on bail with a bond or other assurance of the suspect's return.

Prison overcrowding is a problem, and the backlog of cases in the penal system continues to fill the remand sections of prisons (see Section 1.e.).  Many detainees spend more than 3 years in prison before their trials are completed, often because they cannot afford even the lowest bail.

In 2000 the Government instituted the Community Service Order (CSO), a program whereby petty offenders perform community service rather than serve a custodial sentence.  According to the Home Affairs Permanent Secretary, the Government spent $250,000 (20 million shillings) on the CSO in 2000 and $500,000 (40 million shillings) before year's end.  There were 11,000 petty offenders participating in the program during the year.  The program eventually may help alleviate overcrowding; however, there was no indication of any relief by year's end.

Citizens frequently accuse police officers of soliciting bribes during searches or falsely arresting individuals to extract bribes (see Section 1.f.).  The police continued repeatedly to conduct massive searches ("sweeps") for illegal immigrants and firearms (see Sections 1.f. and 2.d.).  The KHRC recorded 1,950 arrests during sweeps in 2000.  In May police arrested approximately 1,400 suspects during a single sweep (see Section 1.f.).  It was unknown if they had been released by year's end.

According to MUHURI, police allegedly detained five colleagues of Abdillahi Mohamed Mashuhuri whom they arrested on narcotics charges after raiding Mashuhuri's house on January 18 (see Sections 1.a., 1.c., and 1.f.).  A ruling on the case was pending at year's end; it was unknown whether the five remained in detention.

On March 7, environmental activist Wangari Maathai was arrested as she collected signatures to block a controversial government plan to transfer vast tracts of forest from public to private ownership; no charges were filed, and Maathai was released 2 days later.

The Government often arrested civil society leaders and opposition politicians and charged them with participating in illegal gatherings (see Section 2.b.).  On February 4, police beat and arrested James Orengo when he and others went to a proposed rally site in Kisii to notify police of their intent to hold an MWM rally, as required by law (see Sections 1.c. and 2.b.).  Police prevented Orengo's lawyers from seeing him.  Orengo was charged with taking part in an illegal assembly and resisting arrest; he subsequently was released, but his case remained pending before the court at year's end.  Orengo has been arrested on questionable charges more than eight times since 1997; many of these cases against Orengo, including one from January 2000, remained pending at year's end.  On February 8, police forcibly prevented the MWM rally and arrested numerous persons.  On February 8 in Kisumu, police arrested another opposition M.P., Anyang' Nyong'o, and four other opposition supporters in Kisumu, where MWM also attempted to hold a rally (see Section 2.b.).  On July 7, police again beat and arrested James Orengo and environmental activist Wangari Maathai at a rally to commemorate the 10th anniversary of the multi-party movement (see Sections 1.c. and 2.b.).  Orengo and Maathai were released, and the charges against them were dropped.

Following an opposition rally on April 28 that police earlier had attempted to cancel for "security concerns," police arrested two Democratic Party (DP) M.P.'s, Maina Kamanda and David Manyara (see Sections 2.a. and 2.b.).  Kamanda was charged with treason for allegedly threatening the life of President Moi during a speech at the meeting.  Kamanda later was released and the treason charge was dropped; however, he was charged with the lesser offense of "incitement," the same charge on which Manyara was arrested a few days later for a speech he gave at the same rally.

On April 18, police forcibly dispersed a march by Mungiki members; six persons reportedly were arrested, and numerous persons were injured (see Sections 1.c., 2.b., and 2.c.).  It was unknown whether those arrested had been released by year's end.  On November 16, more than 70 members of the Mungiki and Kamjesh groups were arrested for extortion and for seizure of the routes used by privately owned public transportation vehicles, known as matatus.  On November 19, police arrested Mungiki leader Ibrahim Waruinge, who previously had announced that Mungikis planned to take over the management of the routes of privately owned transportation vehicles; he was charged with promoting "warlike" activities during a July clash between Mungiki members and matatu drivers which resulted in five deaths.

On October 20, police arrested 71 members of the RPP group, prominent activist Kivutha Kibwana, and members of other NGO's for holding an illegal meeting to commemorate Kenyatta Day (see Section 2.b.).  Police reportedly used tear gas during the arrests and beat some detainees.  On October 26, the detainees were released on bond and scheduled to go on trial in December; all charges against the detainees later were dropped.

Student protests and riots occurred frequently during the year, and police arrested numerous students responsible for violence during the incidents. 

During the year, police arrested a number of journalists on charges of publishing information "likely to cause alarm to the public" (see Section 1.a.).  On January 2 in Kisumu, Arwings Odera, a freelance journalist, was charged with publishing false information (see Sections 1.c. and 2.a.)  In January he was released on bail; Arwings reportedly fled the country, and the case against him remained pending at year's end.  In April the Government sealed the offices of Citizen Radio and Television and detained its owner, who later was released (see Section 2.a.).  The case was pending at year's end.

There were no developments in the following cases from 2000:  The December case of several journalists arrested during an MWM rally; the July arrests of 10 Mungiki members; and the April arrests of Joseph Kirangathi Njoroge, Esther Wamucii, John Gitonga, and Mwangi Gachie Kamau.

In April 2000, police arrested and beat Mohammed Sheikh, a journalist for The People (see Section 2.a.).  Sheikh was released on bail and filed a complaint; the Government claimed that it was unaware of Sheikh's complaint and that Sheikh could not be found.  In February 2000, John Wandetto, a journalist for The People who was arrested in 1999, received an 18-month jail sentence for writing a report that "risked causing alarm."  During the year, Wandetto appealed the sentence to the High Court, which ruled in his favor and released him without charge.    

Pretrial detention remained a problem.  On June 22, Richard Wachira Wambugu was released after spending 18 years in detention awaiting trial for murder.  On October 26, 2000, Michael Owour, on remand at Kamiti Prison and charged by the Kiambu Court with a violent robbery, was tried, convicted, and sentenced to death; he allegedly had been awaiting trial for 4 years.

e.      Denial of Fair Public Trial 

The Constitution provides for an independent judiciary; however, in practice the judiciary often is corrupt and subject to strong influence from the executive branch.  The President has extensive powers over appointments, including those of the Attorney General, the Chief Justice, and Appeal and High Court judges.  The President also can dismiss judges and the Attorney General upon the recommendation of a special presidentially appointed tribunal.  Although judges have life tenure (except for the very few foreign judges who are hired by contract), the President has extensive authority over transfers.

In previous years, judges who ruled against the Government sometimes were punished with the transfer or nonrenewal of their contracts; however, no retaliatory action against judges was reported during the year.  Judges occasionally demonstrated independence.  Several cases involving opposition M.P.'s have been pending for years, with the courts repeatedly postponing the hearings, thereby requiring the M.P.'s to appear periodically in court or risk fines or imprisonment.  In 2000 a Homa Bay court sentenced M.P. Shem Ochuodho to more than 3 years in prison for a violent assault on a political rival during the 1997 election.  While violence may have occurred, observers believe the court may have applied the law inequitably; no KANU M.P.'s were similarly charged despite credible allegations of violence on their part during campaigning.  There were a number of protests against Ochuodho's conviction; 10 days later, High Court Justice Barbara Tanui overturned the conviction, ordered a new trial, and released Ochuodho.  Police immediately rearrested Ochuodho, took a statement regarding the case, and then released him on bail.  On November 30, eight charges of malicious damage to property and two assault charges were withdrawn; however, the case remained under investigation at year's end.  

The Attorney General's constitutional power to discontinue proceedings in private prosecution cases was a problem.  Arguing that citizens must first notify his office before initiating private prosecution, Attorney General Amos Wako has used this authority on a number of occasions to terminate cases against government officials.

No action was taken during the year to implement the recommendations of the 1998 Kwach Commission, which the Chief Justice appointed to report on the problems of the judiciary.  The Kwach Commission cited "corruption, incompetence, neglect of duty, theft, drunkenness, lateness, sexual harassment, and racketeering" as common problems in the judiciary.  The Commission recommended amending the Constitution to allow for the removal of incompetent judges, introducing a code of ethics, improving the independence of the judiciary, overhauling the Judicial Services Commission (the administrative branch of the judiciary), and shifting prosecutorial responsibilities from the police to the judiciary.  Upon receipt of the report, the Chief Justice in late 1998 appointed another commission to investigate modalities of implementing the Kwach Commission's recommendations for improving the judiciary.  No action was taken on those recommendations by year's end.

The court system consists of a Court of Appeals, a High Court, and two levels of magistrate courts, where most criminal and civil cases originate.  The Chief Justice is a member of both the Court of Appeals and the High Court, which undercuts the principle of judicial review.  Military personnel are tried by military courts-martial, and verdicts may be appealed through military court channels.  The Chief Justice appoints attorneys for military personnel on a case-by-case basis.

The country has Islamic courts that resolve disputes, adjudicate inheritance questions and marital issues, and handle other civil matters where all parties are Muslim and accept the court's jurisdiction.  The Constitution provides for these courts, and states that "jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce, or inheritance in proceedings in which all the parties profess the Muslim religion."  The courts have functioned in the country for numerous years.  There are no other customary or traditional courts in the country.  However, the national courts use the customary law of an ethnic group as a guide in civil matters so long as it does not conflict with statutory law.  This is done most often in cases that involve marriage, death, and inheritance issues and in which there is an original contract founded in customary law.  For example, if a couple married under national law, then their divorce is adjudicated under national law, but if they married under customary law, then their divorce is adjudicated under customary law.  Citizens may choose between national and customary law when they enter into marriage or other contracts; however, thereafter the courts determine which kind of law governs the enforcement of the contract.  Some women's organizations seek to eliminate customary law because they feel it is biased in favor of men (see Section 5).

Civilians are tried publicly, although some testimony may be given in closed session.  The law provides for a presumption of innocence, and for defendants to have the right to attend their trial, to confront witnesses, and to present witnesses and evidence.  Civilians also can appeal a verdict to the High Court and ultimately to the Court of Appeals.  Judges hear all cases.  In treason and murder cases, the deputy registrar of the High Court can appoint three assessors to sit with the High Court judge.  The assessors are taken from all walks of life and receive a sitting allowance for the case.  Although the assessors render a verdict, their judgment is not binding.  Lawyers can object to the appointments of specific assessors.

Defendants do not have the right to government-provided legal counsel, except in capital cases.  For lesser charges, free legal aid rarely is available, and then only in Nairobi and other major cities.  As a result, poor persons may be convicted for lack of an articulate defense.  Although defendants have access to an attorney in advance of trial, defense lawyers do not always have access to government-held evidence.  The Government can plead the State Security Secrets Clause as a basis for withholding evidence, and local officials sometimes classify documents to the hide the guilt of government officials.  Court fees for filing and hearing cases are high for ordinary citizens.  The daily rate of at least $25 (2,000 shillings) for arguing a civil case before a judge is beyond the reach of most citizens.

Critics of the Government--politicians, journalists, lawyers, and students--have been harassed through abuse of the legal process.  Authorities continued to arrest opposition M.P.'s and journalists during the year (see Sections 1.d. and 2.a.), and a number of opposition M.P.'s, student leaders, and human rights activists still had one or more court cases pending during the year.  Some of these cases often have been pending for months or even years.

There were no reports of political prisoners. 

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

At times authorities infringed on citizens' privacy rights.  Although the Constitution provides that "no person shall be subjected to the search of his person or his property or the entry by others on his premises", it permits searches without warrants "to promote the public benefit."  The Police Act permits police to enter a home forcibly if the time required to obtain a search warrant would "prejudice" their investigation.  Although security officers generally obtain search warrants, they occasionally conduct searches without warrants to apprehend suspected criminals or to seize property believed to be stolen.  Citizens frequently accuse police officers of soliciting bribes during searches or of falsely arresting individuals to extract bribes (see Section 1.d.).  Unlike in previous years, there were no reports that Nairobi police searched offices of the media without warrants.   

According to MUHURI, on January 18 in Mombasa, police allegedly raided the house of Abdillahi Mohamed Mashuhuri and detained Mashuhuri and five of his colleagues (see Sections 1.a., 1.c., and 1.d.).

In April the Communications Commission of Kenya (CCK) sealed the offices of Citizen Radio and Television and confiscated equipment (see Sections 1.d. and 2.a.)  On May 20, police officers raided offices of The People newspaper, reportedly to take statements from two senior editors who had written a story alleging a connection between the Office of the President and troubles in the hotel businesses of opposition politician Kenneth Matiba (see Section 2.a.).

The police continued to conduct massive warrantless searches ("sweeps") for illegal immigrants and firearms in residential neighborhoods of major cities (see Section 2.d.).  The KHRC recorded 1,950 arrests during sweeps in 2000 (see Section 1.d.).  Residents complained that police who entered homes on the pretense of searching for weapons often asked for radio, television, and video receipts and permits and demanded bribes to refrain from confiscating those items in the absence of such documents. During one such sweep in May, police arrested approximately 1,400 suspects; Nairobi Police Chief Geoffrey Mwathe announced that he had directed a "massive operation to pick up all known criminals for known offenses and unknown offenses" and admitted that some innocent people were "likely to suffer."

Security forces monitored closely the activities of dissidents, following or otherwise harassing them.  They employed various means of surveillance, including a network of informants to monitor the activities of opposition politicians and human rights advocates.  Some opposition leaders, students, journalists, and others continued to report that the Government subjected them to surveillance and telephone wiretaps; however, there were no reports of interference with written correspondence during the year. 

Members of the coastal Bajuni, Mijikenda, and Digo communities accused the Government of denying them their rights to land (see Section 5). 

Section 2 Respect for Civil Liberties, Including:

a.      Freedom of Speech and Press

The Constitution provides for freedom of speech and of the press; however, the Government broadly interprets existing laws to restrict free expression.  The Government continued to harass, beat, and arrest elements of the media during the year (see Sections 1.c. and 1.d.), and various media and human rights organizations criticized police for such actions during rallies and demonstrations in 2000.  The print media has been relatively independent for decades and since 1992 has multiplied and become more outspoken; there was further liberalization of the electronic media during the year, including radio, television, and Internet communications.  The developing regulatory framework for broadcast media allowed abuse and manipulation in the issuance, withholding, and revoking of broadcast permits and frequencies.  Police repeatedly dispersed demonstrators to prevent criticism of the Government, and journalists covering such events often were present during the dispersals (see Sections 1.c., 1.d., and 2.b.).  In spite of these pressures, the press, civic organizations, and the opposition continued to present their views to the public, particularly in the print media.  Government pressure led journalists to practice some self-censorship. 

Following an opposition rally in Central Province on April 28 that led to the arrest of two M.P.'s on charges of incitement, President Moi ordered the police to monitor and record all public speeches by politicians at political rallies (see Sections 1.d. and 2.b.).  The order was regarded widely as an attempt to restrict political speech by threatening to arrest those whose speech could be interpreted by the Government as inflammatory. 

Following an opposition rally on April 28 that police earlier had attempted to cancel for "security concerns," police arrested two DP M.P.'s, Maina Kamanda and David Manyara (see Sections 1.d. and 2.b.).  Kamanda was charged with treason for allegedly threatening the life of President Moi during a speech at the meeting.  The Government-controlled Kenya Broadcasting Corporation (KBC) broadcast a video that showed Kamanda saying that President Moi should be shot if he did not leave office after his current term ended; however, a Kenya Television Network (KTN) news video of the same event indicated that the tape shown on KBC had excluded three words.  Kamanda actually had said that Kamanda himself should be shot if he (Kamanda) were to agree to another term for Moi.  Kamanda later was released and the treason charge was dropped; however, he was charged with the lesser offense of "incitement."

On the whole, the print media remained candid and independent.  The mainstream print media include four daily newspapers that report on national politics.  The largest newspaper, the Nation, is independent and often publishes articles critical of government policies.  The second largest newspaper, the East African Standard, is controlled by an investment group with close ties to the Government and the ruling KANU party.  It is generally, although not automatically, supportive of the Government.  The third daily newspaper, The People, formerly a weekly, is owned by an opposition politician and is highly critical of the Government.  The fourth daily, the Kenya Times, which has a small circulation, reflects KANU party views.  There also are numerous independent tabloid or "gutter" periodicals, which appear irregularly and are highly critical of the Government.  Reporting in these tabloids ran the gamut from revealing insider reports to unsubstantiated rumor-mongering.  While all Kenyan newspapers suffered financially to varying degrees because of the prolonged economic and business downturn, the Government no longer openly pressured businesses against advertising with opposition media during the year.

Unlike in previous years, the Government did not pressure businesses against advertising with opposition media during the year.  While there was no overt official government pressure on journalists, individual journalists reported that they were pressured by government officials and other influential persons to avoid reporting on issues that could harm the interests of these persons or expose their alleged wrongdoings.  Some editors and journalists reportedly practiced self-censorship because of government pressure or bribes; there also were credible reports of journalists accepting payments to report or withhold certain stories, some of which were fabricated. 

The Government attempted to intimidate the pro-opposition press with arrests and pressure, and by selective prosecution of journalists under a colonial-era section of the Penal Code that criminalizes the publication of information likely to cause fear or alarm.  Reports that police beat and arrested journalists continued during the year (see Sections 1.c., 1.d., and 2.b.).  In December 2000, police arrested Arwings Odera, a freelance journalist who had published a series of articles alleging corruption in government-backed projects, including the foreign-funded hydroelectric power project in Sondu-Miriu.  On January 2, Odera was charged with publishing false information, trespassing, incitement to violence, and resisting arrest; he was released later in January.  Police reportedly also had shot and injured Odera in his car in December 2000; in January he was released on bail and in July he fled to South Africa for fear of his life (see Sections 1.c. and 1.d.). 

On May 20, police officers raided offices of The People, reportedly to take statements from two senior editors who had written a story alleging a connection between the Office of the President and troubles in the hotel businesses of opposition politician Kenneth Matiba (see Section 1.f.).   

In November the court tried and acquitted Aola Ooko, a correspondent for the Agence France Presse, who was arrested in March 2000 for fabricating allegations against the police in Mombasa. 

In February 2000, John Wandetto, a journalist for The People who was arrested in 1999, received an 18-month jail sentence for writing a report that "risked causing alarm."  During the year, Wandetto appealed the sentence to the High Court, which ruled in his favor; he was released. 

In April 2000, police arrested and beat Mohammed Sheikh, a journalist for The People.  Sheikh was released on bail and filed a complaint; the Government claimed that it was unaware of Sheikh's complaint and that Sheikh could not be found.  

The case against Simbi Kisumba, a journalist for The People, who was arrested in 2000 for publishing an article that criticized the police, remained pending at year's end.

There were no developments in the December 2000 arrest and detention of several journalists at an MWM rally.

The Government continued to loosen its control over electronic broadcast media in and around Nairobi, while maintaining its dominance of broadcast services to regional towns and rural areas, where the majority of the country's population live.  KBC is the oldest broadcaster and the only one with a national network of broadcast and cable television, AM and FM radio, and short-wave broadcasts.  KBC remained the only domestic source of current information for most persons outside the Nairobi area; stations operated by other media companies, including 12 radio stations, operate primarily in Nairobi and its outlying areas.

The Government controls KBC, and KBC's monopoly on broadcasting nationally continued to limit severely the ability of opposition leaders and other critics of the Government to communicate with the electorate outside the capital.  KBC stations do not criticize the Government and give a large share of news time to government or KANU party functions and little coverage to opposition activities.  During the 1997 elections, the Electoral Commission directed KBC to accord equal treatment to all political parties; however, this directive has never been implemented fully.  KBC news coverage remains biased in favor of KANU and President Moi.  In addition the KBC's limited coverage of the opposition generally was negative, compared with uniformly positive coverage of KANU.  Opposition politicians accused the Government of using similar tactics in the 1999 by-elections. 

KTN, a subsidiary of the East African Standard group of newspapers that is owned by KANU supporters, airs news programs with more balanced political coverage than KBC.  KTN broadcasts in Nairobi and Mombasa.  Stellavision also is owned by KANU supporters and operates in collaboration with TV Africa and SKY TV of London.  Stellavision does not air local news, relying instead on rebroadcasts of SKY TV and British Broadcasting Corporation (BBC) world news; it broadcasts in Kisumu, Mombasa, and Nairobi.  Other TV stations in operation in Nairobi are Nation-TV, associated with the Nation newspaper group, and Family, a Christian-oriented broadcaster.  Citizen TV and Citizen Radio, which broadcast generally objective news programs, ceased operations during the year.  By year's end, Citizen Radio resumed its broadcasts to much of the central areas of the country; Citizen TV, which formerly broadcast to the Nairobi area, remained closed.  Family TV and Radio broadcasts in the Nairobi metropolitan area; Nation Television also broadcasts in Mombasa, providing independent media coverage.

The following radio stations also broadcast in Nairobi: Nation, Kameme, BBC, Voice of America (VOA), Capital, Family, Kiss, Iqra, Metro East, and Sounds Asia.  In addition to KBC, Sauti ya Rehema, a non-denominational religious radio station broadcasting in Kiswahili, English, and other local languages in Eldoret, and the Mombasa-based Christian-oriented Baraka FM radio broadcasting in Kiswahili and English transmit outside of Nairobi.

In June rebroadcasts of VOA programming on FM radio began in Nairobi; in 2000 the Government issued a permit to VOA to broadcast locally.  VOA requests for similar broadcast access to Mombasa were not approved.

The Government, through the CCK, continued to delay action on a number of radio and television license applications on the grounds that it was reorganizing and regularizing its licensing procedures.  The Ministry of Information, Transport, and Communication continued to argue that it was waiting for the recommendations on media liberalization from the Attorney General's Task Force on Press Law.  That Task Force made its initial report in December 1998; however, it still has several outstanding issues to resolve, including the manner of selection of the 13-member Media Commission, which would act as an independent body issuing broadcast licenses.  In April the Government announced that a policy on broadcast licensing would be issued to ensure transparency in licensing procedures; however, no such policy was issued by year's end.  The CCK regulates frequency allocations, while the Ministry of Transport and Communications issues licenses.  The Ministry has licensed 33 organizations (6 of which are KBC companies) to broadcast, and the CCK has allocated frequencies to a total of 9 television and 18 radio stations, although some were not broadcasting at year's end.  In 1999 Nation Media Group received authorization for radio broadcasts in Nairobi, Mombasa, Kisumu, and Nakuru, and began radio and television transmission to Nairobi.  Nation Media also sued the Government for permission to broadcast radio and television nationwide, but the case was still before the courts at year's end.  In 1998 the Ministry approved radio and television broadcast licenses for a Muslim group and for a Christian group, and in 1999, the Ministry licensed an Islamic radio station and three Catholic television stations.  In 2000 the Supreme Council of Kenya Muslims (SUPKEM) began test-running Iqra Radio Station, which provides information, educational programming, and entertainment for Muslim audiences in Nairobi; Iqra was operational fully at year's end.  In June the Government announced that it would not issue any more licenses to broadcast in Nairobi until new policies were in place.  According to the Ministry, there were 120 applications for Radio/TV licenses pending at year's end.

Private organizations that have been issued frequencies to broadcast but have not done so include the Pentecostal Church, Pete Aviation, and Maritime Media Services.  The Catholic Church, which reportedly has been allocated radio and television frequencies for Nairobi, had not begun broadcasting by year's end.  It reportedly wants a nation-wide frequency, while the Government insists on region-by-region allocation of locally based broadcasters.  The Government also licensed and provided frequencies to the East African Television Network (EATN), the only recipient of a national frequency other than KBC; however, a dispute arose with the Government after EATN formed a partnership with Nation Media.  The Government blocked EATN from using the frequencies and the case was pending in the courts at year's end. 

In January the CCK ordered the shutdown of Citizen Radio and Television broadcast for unpaid licensing fees and improper use of communications equipment.  Citizen claimed that the shutdown, which only affected its operations outside Nairobi, was motivated politically.  Citizen, which began broadcasting in 1999, appealed the order in the courts and continued broadcasting in Nairobi; however, in 2000 the court upheld the CCK's order and Citizen again appealed to the highest court, the Court of Appeal.  In April after Citizen moved its broadcast equipment from borrowed space on government-controlled towers to a new location on the outskirts of Nairobi, the CCK sealed Citizen's offices, confiscated equipment, and detained its owner (see Section 1.d.).  Citizen appealed the Government's action, and the court ruled that the CCK had acted properly in seizing equipment.  The CCK subsequently stripped Royal Media, the parent company of Citizen, of its broadcast licenses.  Citizen's owner appealed that ruling; the appeal was pending at year's end. 

In April 2000, during a speech to Parliament, Julius Sunkuli, the Minister of State in the Office of the President, criticized ethnic vernacular radio stations as being tribal and a detriment to national unity (see Section 5).  In August 2000, President Moi's request that the Attorney General draft a law to force radio stations to broadcast only in English or Kiswahili drew negative public reaction, which caused several Government officials to deny that the Government intended to ban vernacular broadcasting.  No such law was implemented by year's end.

Representatives of the international media remained free to operate; 120 international correspondents work in Kenya, and approximately 100 media organizations report out of Nairobi without official interference.  

A number of publications remained banned, including such works as "The Quotations of Chairman Mao Zedong" and Salman Rushdie's "Satanic Verses."

Sedition is not a ground for censorship of publications; however, the Prohibited Publications Review Board reviews publication bans.  Public officials use libel laws to attack publications directly critical of actions by government officials.  In October 2000, a ruling in a libel case involving a government minister ordered that printers and distributors are to be held equally responsible with publishers and authors for libelous content in publications and books.  Further interpretation of libel laws and related legislation also has made retail stores equally liable should the material in question be found libelous.

In June President Moi and Nicholas Biwott, Minister for Trade and Industry, sued a former U.S. Ambassador accredited to the country and a bookstore that carried the Ambassador's book for libel over allegations in the book that the President and Biwott were involved in the 1991 murder of Foreign Minister Robert Ouko.  In August the President and Biwott successfully blocked The Nation newspaper from publishing excerpts from the book.  Also in August, a court ordered The Nation to stop publishing further reports on corruption charges, filed with a regional court, against a company partly owned by one of the President's sons.

The Government does not restrict access to the Internet.  There were approximately 20 domestic Internet service providers (ISP's), which generally are privately owned.  Internet access was limited only by economic and infrastructural factors, and was fairly widespread in urban areas.  Although liberalization of Internet communications continued, Internet access in the country continued to be limited by Telkom.  All ISP's are required to use the communications parastatal to connect to the Internet.  There were no reports of Telkom interfering with the content of Internet transmissions.  Telkom was slated for privatization during the year; however, no action was taken by year's end. 

Despite constitutional provisions for free speech, the Government and school administrators continued to limit academic freedom.  There were six private universities and six universities owned, subsidized, and administered by the Government.  Most post-secondary students attended Government-run institutions, partly because of their lower fees.  President Moi, as chancellor of all state universities, appoints the vice chancellors, who manage the institutions under the supervision of the Ministry of Education.  A number of student activists have been expelled from universities in recent years because of political activities, and most have been refused readmission.  Students claim that the Government interferes in student elections to ensure sympathetic student leaders.

Student protests and riots occurred frequently during the year, and police forcibly dispersed several protests after they became violent, which resulted in injuries.

Fighting between the Orma and Pokomo communities forced 20 schools to close in March (see Section 5).

b.