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QuarterlyRepressimonReportOCTOBER-DECEMBER, 1998KENYA HUMAN RIGHTS COMMISSIONP.O. BOX 41079NAIROBI, KENYATEL. (254-2) 574999/8, 576063/4/5/6

BOARD OF DiRECTORSMakau Mutua, ChairNjeri Kabeberi, Vice-ChairMumhi Mathangani.Alamin ?vlazruiMama KiaiWilly Mutunga, Executive DirectorPrograms CoordinatorWambui KimathiCoordinator of Management ServicesJames NdukoThe Kenya Human Rights Commission is a nonprofit,independent and non-partisan advocacygroup founded in 1992. It is based both in theUnited States and Kenya. Its objectives are toprotect and promote the respect of fundamentalhuman rights as stipulated in the KenyaConstitution and in international law.The Kenya Human Rights Commission(KFIRC) began operations in September 1992.KHRC produces research reports on humanrights violations in Kenya, maintains recordsof abuses, organises several activist events andundertakes public education projects.Publications EditorNjuguna MutahiSenior ResearcherMutuma RutecreAccountantJuliet KituyiLand Rights ProjectOdcnda LumumbaActivism & MobilisationWafula BukePrisons ProjectMugambi KiaiWomen Rights ProgramJane ThuoProgram AssistantsEva KiiruBrigit MoraaAdministration StaffJames GathogaMaximilla WekesaNick NdungiVincent MusebeDaniel NjongeRepher AmindoDaniel NyakundiThis report is made possible by funding fromthe Swedish NGO Foundation for HumanRights. However, it does not necessarily reflectthe views of the Foundation.Copies of the report are available for Ksh. 250or U.S. $10 from the KHRC secretariat.For more information, contact:Kenya Human Rights Coinmiss ionP. 0. Box 41079, Nairobi, KenyaTel: (254-2) 574999/8, 576063/4/5/6E-mail: khrc@AfricaOnlinc.co.keAll parts of this publication may be reproducedfreely, provided the Kenya Human RightsCommission is duly acknowledged.Printed in Kenya.

TABLE OF CONTENTSPREFACE . (i)PREAMBLE................................................................................................................................. (iii)STATISTICAL SUMMARY OF VIOLATIONS.......................................................................... (v)GRAPHICAL ILLUSTRATION OF VIOLATIONS ..................................................................... viGLOSSARY OF ABBREVIATIONS ...................................................................................... (viii)I. RESPECT FOR THE INTEGRITY OF THE PERSON ............................................................... IA .RIGHT TO LIFE..............................................................................................................................Deaths from mob violence ..............................................................................................................Extra-judicial killings by police ..................................................................................................... 4Deaths from violence against women ............................................................................................. 9Deaths from violence against children ......................................................................................... I IVI . Deaths from banditry ..................................................................................................................... 1 2VII . Deaths in prison ............................................................................................................................. 14VIII . Death penalty watch ....................................................................................................................... 1 5B. POLICE BRUTALITY, CRUEL AND INHUMAN TREATMENT ............................................ 16C. ARBITRARY ARREST AND IRREGULAR CIRCUMSTANCES OF DETENTION ............. 20IICIVIL RIGHTS AND LIBERTIES ............................................................................................... 22A. Freedom of speech and of press ................................................................................................... 22B. Freedom of peaceful assembly and association........................................................................... 24C . Academic freedom......................................................................................................................... 26III. GOVERNMENT INTERFERENCE WITH NGOS..................................................................... 27IV. PRISON CONDITION .................................................................................................................. 27V. BANDITRY ................................................................................................................................... 29ECONOMIC AND SOCIAL RIGHTS .......................................................................................... 31Land grabbing ................................................................................................................................ 3 1Harassment of the poor by security forces: destruction of their propertyand interference with their livelihood ...........................................................................................'35D . Workers rights ................................................................................................................................ 36VI. VIOLENCE AGAINST WOMEN, SEXUAL ASSAULT AND HARASSMENT ..................... 37VII . CHILD ABUSE.............................................................................................................................. 40

PREFACEOn December 10, 1998, the world commemorated the 50th anniversary of the Universal Declaration ofHuman Rights. In Kenya. there was little to celebrate as statistics collected and published by KenyaHuman Rights Commission for the last four years show. The evidence and testimonies show a pattern ofincreasing flagrant rights abuses especially in regards to the right to life.In 1995. the Commission recorded 394 deaths from extrajudicial killings, mob and ethnic violence, banditryand from violence against women and children. In 1998, with the inclusion of prisoners on deathrow. KHRC recorded 1,728 deaths, an increase of 77% . Over the four years, 3,485 people have lost theirlives through acts olcommission and omission from the government, or its agents. This include only figuresrecorded by KHRC:- the reality is definitely different. (See graph below)Deaths from loss of rIght to life;1995'1998oo . . ...-. - ---- . . .70C- ------------ -............................... ------ .-_-_-,-----._-,---_..--.-.-__-._-__.- ... . ............................... .....................................•109r . -.----- -- .-.--. - ..-.---fl'-1.......................................'14 14*1969 96 13 56 1801$ II?L132 182 l'4 429 41 39 174................I ...........i..........?...........I.................. ......In 1998. banditry was the biggest single contributor in the deaths category. The figures have risen steadilyfrom 64 cases recorded in 1995 to 794 cases in 1998. 'I'his represents a rise of 91.5 % during the fouryears. Banditry remains one of the most complex challenges to human rights organisations in the country.What with the periodic massacres in Northern Kenya where 19$ people were killed in just two days ofOctober 25 and 29, 1998? The pain and destitution visited on civilian populations by the bandits on onehand and by security officials on the so called security operations on the other is only comparable to thestale of nature where the live is short. nasty and brutal.On the increase too are deaths from extra judicial killings which have almost doubled from 120 casesKHRC reported in 1995 to 222 cases in 1998. In the overall. 654 people have lost their lives during thefour years under review. Cases of extra-judicial killings are sole the responsibility of the governmentsince they are all committed by its law enforcement officers. l-lowcver. the government continues tojustifythem as aberrations in their crime lighting activities.This is unacceptable because there are internationally set minimum standards for law enforcement officerswhich Kenya is party to. In particular, the UN Code olConduct for Law Enforcement Officials is clear that'the use of firearms is considered an extreme measure' and that firearms should not he used except when asuspected offender offers armed resistance... and less extreme measures are not sufficient to restrain orapprehend the suspected offender. Kenya police standards say the same while Chapter V our Constitutionreinforces the inviolability of the right to life.

Witness this for example: Mr. Ephantus Njagi Nguthi was beaten to death at Matanya Police Post inLaikipia on December 20, 1998. The victim had his skull and arms broken and his genitals mutilatedis not only a despicable act but one bereft of any human feeling. As far as we know, none of the officershas been charged to date.Deaths from violence against women are the saddest pointer to the sorry state of human rights in Kenya. In1998, KHRC recorded 49 deaths arising from violence against women, a 71% increase since 1995.The figures do not however reflect the true picture of this atrocity because most cases of domestic violencego unreported. To curb it, the government must enforce laws that clearly criminalise domesticviolence so as to give women a wider scope of legal protection and enhance protection of their humanrights.The police have a major responsibility in combating domestic violence. It is.so far encouraging thatspecial desks to deal with domestic violence have been established at Isiolo, Mombasa and in Nairobi.However, it is regrettable that a station such as Mandera does not have a single woman police officer evento handle general issues affecting women.Another issue of concern to KHRC regards mob violence. During the last four years, KHRC recorded 504deaths arising from mob violence, 139 of those which were recorded last year. . Once again, we reiterartethat mob violence is a direct manifestation of the citizen's loss of confidence in the judicial system all theway from arrest, investigation and prosecution.The practice also exposes the ugly side of Kenyans especially when innocent people are lynched on meresuspicion as in the case reported on November 30. In that incident a 46 year-old man was killed aftergiving a lift to police officers who were mistaken by residents of Kaviani market in Marchakos district tobe thieves.One area the government can act to redeem the country's human rights record by simply exercising politicalwill is in regard to the death penalty. So far 104 countries have done away with the death penalty afterconcluding that it is not necessarily a deterrence to crime. Studies done elsewhere have shown that thedeath sentence may actually have a 'brutalising effect' that may actually fuel other acts of violence. Since1996, Kenya we have recorded 408 death sentences.The frequency at which the death sentence is issued out in the Kenyan courts is well illustrated byincidentsobserved in a Kerugoya court. Between October 1 and October 8, 1998, the Kerugoya Senor ResidentMagistrate Nyaga Njagi sentenced five people to death!While the overall human rights record looks gloomy, not all is lost. This is especially so in regards toethnic violence and civil and political rights. Of particular significance is the lifting of the ban on fourIslamic NGOs which were banned in September 1998, the lull in ethnic tension and the promise by thepolice that human rights education will become an integral part of police training at Kiganjo.In the past year too, more and more Kenyans are coming out to defend there rights. It happened with ricefarmers in Mwea, with matatu people when their colleagues were shot dead and more signilicantly, it waspressure from the public that led to the arrest of the killer of Betty Kavata. This demand for and defence ofour rights is the only way to stop violations such as has been witnessed through the years.Starting with the next issue, KHRC will bring to you a new look, more reader friendly and comprehensivereport on the state of human rights in Kenya. You can remain in our mailing list by completing and returningthe enclosed form.(ii)

PREAMBLERationaleA key strategy used to protect, promote and enhance human rights is to monitor abuses so as to publicizethem and hold the perpetrators accountable. It is also of important value to those who need a permanentrecord of rights abuses in Kenya. Human rights have taken centre stage in the world and the need to keepconstant, accurate, comprehensive and permanent records cannot be gainsaid. The Quarter/v RepressionReport is a good reference for all those interested in Kenya's human rights performance, forexample for academic, historical and international lobbying reasons. Currently, there is no other recordin Kenya that provides an all-round rights picture of the rights situation in Kenya.The information it offers can be used in creating awareness on the human rights situation in Kenya as itgives a broad overview of rights areas that need urgent attention.It may also be used to create a basis for activism and to seek redress in specific cases which are notedtherein.Data CollectionKHRC has monitors in several parts of the country who furnish the secretariat with information on theabuse of human rights. These monitors do so having done extensive and thorough research on the issuesthey report.Each month, KHRC receives reports from victims of rights abuses or their relatives who file theircomplaints with our offices. These too are recorded in the Quarter/v Repression Report.Newspapers provide a wealth of information on various human rights abuses in the country. These arerecorded, followed-up and then added into the Quarterly Repression Report. We strive to give theexact dates when recorded incidents happened but when not indicated, we give the date it was reported,hence, the use of: Reported as.Concerned individuals or groups also provide information that can be used in the Quarter/v RepressionReport which we try to authenticate as far as possible. Other human and legal rights groups who do notdocument human rights abuses regularly pass on information to us.(iii)

LimitationsObviously, our sources of data are not exhaustive, and there may be abuses out there that we never get tohear of.Secondly, the fact that the Quarterly is not yet extensively known country-wide due to its limited circulationmeans that many victims of human rights abuses are not aware of its existence and, thus, are not ina position to make a report of their experiences. A great number of cases of human rights abuses gounreported due to this.Though Kenyans are gradually learning to claim their rights, the fear for reprisals is a visible featurewhich prevents many from making any reports to KHRC for the Quarter/v Repression Report.Finally, our capacity as an organization is also a constraint in terms of the scope and comprehensivenessof coverage.(iv)

Statistical Representation of ViolationsDeaths:Jan-Mar Apr-JunJul-Sep Oct-DecMob Violence 42 26 36 35Extra-judicial Killings 53 73 38 58Violence Against Women 12 16 9 12Violence Against Children 8 10 10 7Ethnic Violence 193 38 20Banditry 58 33 1 146 557The Death Penalty.48 68 85 23..:Other Forms of Repression:Jan-Mar Apr-Jun Jul-Sep Oct-Dec •Police Brutality 29 46 35 37Arbitrary Arrests 646 262 1273 1284Speech and Press 6 IS 5 15Assembly and Association 14 9 IS 14Academic Freedom 10 4 3 3Govt. interference with NGOs 8 2 3 4Govt. interference with the Oppositior 31 I 0 4Ethnic Violence 0 16 I 0Banditry 33 21 31 18Land Grabbing 39 30 19 37Corruption 35 11 8 0Harassment of the Poor 3 16 13 9Workers Rights 35 17 11 7Violence Against Women 55 40 35 27Violence Against Children 46 61 38 31(v)

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Glossary of Terms and AbbreviationsAskariChang'aaKenyan shilling(s)KioskMatatuManyattaMiraaPangaRunguShambaWananchiYouth wingerGuard/soldier/Police officerTraditional illicit brewKshShopPublic service vehicleMud dwelling-placeKhatMacheteClubGarden/FarmPeopleMember of informal KANU security wingAdministrative OfficersAGAPDCDODCIODSIOGSUOCPDPCAttorney-GeneralAdministration Police (officer)District CommissionerDistrict OfficerDistrict Criminal Investigations OfficerDistrict Security investigations OfficerGeneral Service UnitOfficer Commanding Police DivisionProvincial CommissionerPolitical Parties:DPFORI-KENYAFORD-ASILINDPKSDPKANUKNCIPKDemocratic PartyForum for the Restoration of Democracy - KenyaForum for the Restoration of Democracy AsiliNational Development party of KenyaSocial Democratic PartyKenya African National UnionKenya National CongressIslamic Party of KenyaOthersCIDKBCKNUTKTNGSUCriminal Investigation DepartmentKenya Broadcasting CorporationKenya National Union of TeachersKenya Television NetworkGeneral Service Unit(viii)

1 . Quarterly Repression ReportSection IRespect for the integrity of the personA. Right to lifeThe right to life is guaranteed by both the International Covenant on Civil andPolitical Rights (ICCPR) which Kenya ratified in 1976 and the Kenya Constitution.Chapter V, Section 70 of the Kenya Constitution states that, "Every person is entitledto life, liberty, security of the person and the protection of the law." Article 6 of theICCPR states that "Everyone has the inherent right to life. The right shall beprotected by law. No one shall be arbitrarily deprived of his life."I. Deaths from mob violenceKenya Human Rights Commission (KHRC) documents violations of the right to lifethrough mob violence because of its frightening regularity, and also because thegovernment has not come out with a clear and unequivocal policy denouncing it.Similarly, mob violence attests to the low confidence Kenyans have in the judicialprocess. All the violence in society, insecurity and low confidence in the judicialprocess are human rights issues. Specifically, they impact on the right to liberty,the right to life and the right to a fair and judicious trial. The government has aprimary responsibility to protect and enhance human rights. By cases of deathsfrom mob violence in the report, we seek to illustrate yet another level of thestates failure to protect the right to life.OCTOBEROn October 1, an unidentified man was lynched by a vigilante group ill Njahini Division, KinangopDistrict. The man was allegedly part of gang that was involved in a robbery attempt that was foiledby members of the public.• On ()ctoher 3, members of the public killed two people who allegedly tried to rob a motorist of hiscar in Embakasi area. Nairobi. The mob chased, apprehended and stoned the two to death.• On October 3, lour unidentif ied suspected gangsters were burnt to death by members of the publicin Subukia township of Nakuru.• On October 4, a man accused of being a mugger and identified only as Kimani was burnt, to deathby residents of Dandora estate in Nairobi. The residents claimed that Kimani had attacked a manwho was on way home at 2.00am and stripped him naked. However, the victim raised the alarm andwhen people came to his rescue. Kimani rami and hid at his girl friends house where was trackeddown. After removing the woman and her child, the mob locked him inside and set the houseablaze.

2. Quarterly Repression Report• On October 7, members of the public in Ruiru town stoned two unidentified men to death onallegations that they were car jackers.• On October 8, Mr. Julius Madebe and Mr. Chris Amukati. were beaten to death by members ofthe public in Kangundo town on allegations that they were highway robbers. The two wereallegedly in a gang of four which was involved in an abortive attempt to rob a bread van in thetown. The other two were arrested by the police.• A robbery suspect. Mr. Stanley Wambiri Ndirangu, was beaten to death by a mob in Mukurweini,Nycri District. Reported on October 8.• Three unidentified suspected robbers were Lynched by members of the public in Ntumbiri Location,Meru Central District. The three were reported to have been members of a five man gangwhich raided Mr. Johannes Thakaria's shop, but as they were fleeing, an alarm was raised and theywere caught. Reported on October 11.• An unidentified man was lynched by a mob after he was allegedly found stealing maize in Shinyaluarea of Kakamega. Reported on October 13.• On October 25, two allegedcattle rustlers werekilled by members of thepublic in Kisii District.One of the victims wasidentified as Mr. PhillipOnduko. The two were reportedto have been part ofa five man gang that raidedthe home of Mr. BarnabasNyangarisi and stole fivecows.On October 11, a man commonly known as "Babu" wasburnt to death by a mob in Korogocho slums, Nairobi. Heand his gang had allegedly raided a shop and a butcherybut the owner raised the alarm attracting local residentswho accosted him and killed him.The killing led to an orgy of violence in which a womanwas killed apparently by the gang members in a revengeattack on October 11. The local residents retaliated byrounding up suspects, beating them up before handingthem over to the police.NOVEMBERThe local MP Hon. Adolf Muchiri blamed the police forturning a blind eye to suspected gangs in the area saying• On November 30, an unithatthe attitude had led the people to resort to mobdentified 46 year old driverviolence. He further claimed that the police werewas stoned to death by aniob at Kaviani market affrustratingthe people's efforts for allegedly demandingter he was mistaken for a money before residents could record statements. However,gangster. According to the the MP advised his constituents to avoid mob violenceMach ak os DC, Mr. because it could lead to the victimization of innocent people.Andrew Mondo, six CIDofficers went to the marketto mount an ambush after a tip-off that armed gangsters were planning to raid a shop. The officerswere in a vehicle belonging to a private company.On their arrival, local residents raised the alarm after mistaking the CID men for thieves. The mobthen surrounded them, forcing the officers to flee to a nearby shop. The mob followed them andthreatened to burn the shop. The policemen responded by firing at the crowd, killing a soldier who

3. Quarterly Repression Reportwas reported to have been in the mob. (Also cited Under Extra-judicial Killiizgs)It was at this stage that the mob turned to the civilian driver who had remained in the car and beathim to death.• On November 5, two people were lynched by a mob in Kihera after they allegedly attacked localresidents at Gatwikira village, Nairobi. According to the area councillor. the two were among agroup of thugs which broke into houses and slashed several people before escaping with householditems. When an alai -m was raised, members of the public tracked down one of the suspects tohouse in the village and beat him to death. The other suspect was apprehended at a neighbouringslum, Kisumu Ndogo. where he was lynched.• On November 8, a man was lynched by a mob in Ngomongo slums in Nairobi on suspicion that hewas a thief.• On November 14 two unidentified suspects were killed by members of public after they allegedlyattempted to rob it Kenya bus conductor in Kariohangi in Nairobi.DECEMBER• On December 16, a man with mciiialdisabilities was burnt to death by residentsof Kasarani village in Elburgon. MobDivision. The man was alleged to havestarted it fire that razed 40 house before escapingThe villagers pursued him andcaught up with him. beat him up senselessand burnt his body to ashes. According toMoio Divisional Police Commander. thehad started a fire in one of the houses but itlater spread to the others.A pastor at Holy Tabernacle Churchin Meru Central District identified asMuth ioia was k i 11cc! by it mob of villagersfor allegedly masterminding a theft ring.Mr. Muthiora was tortured for about twohours, doused in petrol, then set ablaze. Reportedon December 17.• On I)ecember 22 and 23, twoguards Mr. Lokialo ole Ngota and Mr.J uhius Ohoisungure were killed by matatuworkers avenging the killing of a driver atNairobi's Railway Station. Mr. Oloisunguredied at the Kenyatta National iiospi talwhere he had been adniitted after the incidencewas sparked off by the killing of aMatatu driver by a watchman early in the

4. Quarterly Repression Report•4-•. -±_J.'.SC;Matatu dri'ers protesting the deal/i of their colleaguemorning of December 2 1, 1999. The driver. Mr. Alex Kinyua, 25, was allegedly hit on the head bya guard hired by rnatatu owners to maintain security and order at the station.• On December 24, two unidentified suspected gangsters were lynched by members of the public inMathare Estate of Nairobi.• On December 26, an unidentified suspected gangster was stoned to death by a mob after an allegedattempt to rob shops and travellers in Dandora Estate matatu terminus.II. Extra-judicial killings by members of the security forcesThese killings result from abuse or excessive use of force by the police. They areillegal under national and international law because they are not authorized bya court of law. In these cases, the police either ignore the law or act with the orderor knowledge of the authorities. According to Kenyan law, only the Courts canauthorize the death penalty, and this can only be done for the crimes of treason,murder and robbery with violence.When the state or its agents deprive a person of his life for no reason at all, it isacting arbitrarily. The Kenyan police contend that they are shooting 'wantedcriminals' and ridding the society of violent people. Killing suspects denies themthe right to defend themselves in a court of law, and contravenes Kenyan lawregarding the treatment of persons who breach the law. In such instances, thepolice effectively become judge, jury and executioner.The immunity from arrest that the force seems to enjoy further increases thenumber of police killings witnessed by Kenyans, to the extent that police officersappear to believe that they are above the law.

5 • Quarterly Repression ReportNOTE: This section includes killings by KANU youth wingers because they operatelike some private/public security organisation with the blessing of the KANU government,despite not being a recognised security force in law.OCTOBER• Five unidentified suspected bandits were shot dead by security officers in Isiolo. Reported onOctober 1. (Also cited under Deaths from Banditry)• On October 6, three unidentified suspected robbers were shot dead by police officers from theFlying Squad in Hururna area of Nairobi.• On October 9, General Service Unit (GSU) security personnel at Nakuru State House shot dead asuspected robber who was being chased by a mob.• On the same day, two unidentified suspected robbers were killed by police officers in Nakurutown after they allegedly raided a home. A third suspect was killed by members of the public. (Alsocited under Deaths from Mob Violence)• On October 17, two suspected gangsters were shot dead by police officers after they allegedlyattempted to rob a construction company along the Thika-Nairohi road.• On October 19, an administration police officer, Mr. Jackson Muinde, was charged in a Kangundocourt with torturing a suspect, Mr. Muli Mutua, to death in 'l'ala town.• On October 22, a police officer, Mr. Philip Juma Kipkania, was convicted of manslaughter by aNakuru court for shooting his lady companion, Consolata Aticno, to death at Timboroa tradingcentre of Koihatek District on December 4, 1996. (Also cited underDeaths from violence againstwomen)• On October 23, two unidentified suspected gangsters were shot dead by police officers after theyallegedly attempted to rob a home in Tigoni, Limuru.NOVEMBER• On November 5 a Ugandan national was gunned down in Nairobi after allegedly engaging policein shoot out.• On the same day, an unidentified suspected gangster was shot to death in Eastleigh suburb afterhe had allegedly shot and severely wounded a police officer. Police reported that the man was shotwhile attempting to lice from the scene and that he defied an order to stop.• On November 9, two unidentified suspected robbers who were part of a four man gang were shotdead by police officers in Nakuru in a botched attempt to raid a petrol station. According to theRift Valley police boss, Mr. Jarma Warsame, the gangsters were shot as they tried to flee from thescene.• On November 12, an unidentified suspected gangster was shot dead after a three man gang allegedlyraided a shop on Kirinyaga road.

6• Quarterly Repression Report• On November 12, an unidentified suspect was shot dead in Busia Town and an AK-47 assaultrifle allegedly recovered. The local DC, Mr. Ezekiel Machogu,said the man was killed in Marachiestate where he had broken into Ms. Elizabeth Owino's house and robbed her of Ksh 6,800.• On November 18, a suspected gangster was shot dead by the police in Nakuru's Shaahab estate.District Commissioner John Litunda allegedly said the was among a group of 10 who were accostedby the police as they attempted to raid a home in the area and they 'defied' an order tosurrender.• On November 21 A suspected gangster identified only as Saitoti was shot dead on Nairobi'sKombo Munyiri road. The Central Division police said the suspect was among a group of about 15robbers.• On November 21, a standard eight school leaver identified as Dishon Omulupi was shot dead atEshisiru village Lurambi divisionafter he allegedly resistedarrest. Senior Ser-On November 30, a Kenya army soldier was shot togeant Reuben Manvasi. theofficer in charge at thedead by CID officers at Kaviani market after the po-Lurambi DOSs office saidlice ofticers were attacked by a mob that had mistakenthe deceased allegedly triedthem for gangsters. According to the Machakos DC,to snatch a rifle from his of-Mr. Andrew Mondo, six CID officers went to the marficersafter the was been -ket to mount an ambush after a tip-off that armed gangcostedby the police for alsterswere planning to raid a shop. The officers were inlegedly assaulting a neigh- a vehicle belonging to a private company.hour.On their arrival, local residents raised the alarm after• On November 24, five sus- mistaking the CID men for thieves. The mob then surpecte(1gangsters were shot rounded them, forcing the officers to flee to a nearbydead in an ambush during a shop. The mob followed them and threatened to burnshop raid in Mombasa. Ac- the shop. The policemen responded by firing at thecording to the police, the crowd, killing the soldier who was reported to have beenraiders walked into Githogo in the mob. (Also cited Under Deaf/is from Mob Viostoresin Mikindani, una- Ie,zce)ware that police were alreadyin the building followinga tip-off. Two of the suspects were later identified as police officers serving with the GeneralService Unit.DECEMBER• Two robbery suspects were shot by police near Mharaki Police Station on December 1. One of thevictims was identified as Mr. Ismail Juma. Reported on December 1.• A 14-year-old girl identified as Ms. Rose Bosibori was shot dead by a Administration Policeofficer after her brother refused to allow the officer to conduct a search in his house in East Murirangosub-location of Nyamira District. Reported on December 1. (Also cited underDeathsfrwn ExtrajudicialKillings)• Administration police officers shot dead a suspected gangster, Mr. Francis Onyango, in Migori

7 • Quarterly Repression ReportDistrict. Reported on December 2.• On December 5, an unidentified suspected gangster was shot dead by police officcrs in Nairobi.An unidentified suspected robber was shot dead by police olficers in Spring Valley area of Nairohi.Reported on December 6.An unidentified suspected gangster was shot dead by police officers on patrol along Kamac Lanein Naiiohi as he and suspected accomplices allegedly planned to execute a crime. Reported onDecember 6.• On I)ecember 12, a matatu driver Mr. Jamal Abedi. his tout Mr. Henry Musyoka were shot byGSIJ police officers for allegedly obstructing them along Thika Road. An eye witness said a PresidentialEscort officer walked out of a Land Rover and shot the niatatu driver through the mouth.He died on the spot.The same bullet also hit the conductor injuring him critically. Mr. Musyoka died on December 16at Aga Khan Hospital. NairobiAn officer, Cpl. Gordon Mukhwana was arrested and charged with the murder on I)ecember 16..•.:.OF•1 ••..- 4,.,-..- r-l-1?rA.-p -JIct..ARDeinoizstrators along I/u' streets of Nairobi protesting tile killing of Abedi and Musyoka• Ms. Janet Mukiri Mugambi died in Metropolitan Hospital alter she was beaten up by police officersfrom Buru Buni Police Station on December 12. (A/so cited iiiider Violenceflgainst Women)

8 - Quarterly Repression Report• On December 14, police officers in Nairobi's Industrial Area shot dead an unidentified suspectedgangster.• Ms. Sarah Warnhui died at Nakuru Nursing 1-lome after she was shot by her AP officer friend atNdeffo trading centre in Njoro. Ms Wamhui was shot in the hack as she tried to run away after adomestic quarrel. Reported on December 16. (Also cited under Violence Against Women)• On the same day, Kenyan security forces shot dead a suspected bandit at Modikarey. Garissa.(Also cited under Deaf/is froin Banditry)• On December 18, police officers in Garissa shot dead a suspected bandit and injured numerousother suspected bandits. (Also cited under Deaths froimi Banditry)• On December 21, an unidentified suspected gangster was killed by police officers in GardenEstate. Nairobi.• A suspect. Mr. Khelef Khalifa, died in police custody where he had been placed after his arrest onDecember 20. Reported on December 26.• Mr. Ephantus Njagi Nguthiwas tortured to death by two un -named police officers at theMatanya Police Post in LaikipiaDistrict. Mr. Nguth i's skull andarms were broken and his genitalspulled by the two officers after hisarrest on December 20. He (liedon I)ecember 23.• Four unidentified suspectedrobbers were shot dead by policeofficers on December26 in KwaleDistrict.• On December 28, an unidentifiedsuspected gangster was shot(lead by police officers atNdaragwa trading centre inNyandarua District.• A woman identified as Ms Emily Mbusi was killed and more than 20 people injured in two days ofviolence involving soldiers of the 81St Anti-Tank Battalion in West l'okot District. During theviolence, soldiers used grenades and shot bullets repeatedly into the crowd. Reported on December28. Also cited under Deat/isfromn Violence against Women & Police Brutality)• Mr. Josephat Kamandc was shot (lead by police officers from the Makuyu-based Flying Squad onDecember 16 and his body secretly kept at the Murang'a Hospital mortuary. Mr. Kamande waswalking home from work when the officers opened fire at him. claiming he and the friend in whosecompany he was were carjackers. Reported on December 29.

9. Quarterly Repression Report• A suspect. Mr. Peter Muya died in police custody at Buru Buru police Station. According to thesuspect's mother, her son had a bullet hole through his head when she viewed his body at the CityMortuary. She also said her son had informed her that police officers had beaten him badly.However, police officers at the station claimed that the suspect committed suicide by slashing hisneck with a broken bottle in which his mother had brought him a soda. However the motherinsisted that she had only delivered tea to his son and it was served in a kettle. Reported onDecember 29.Two robbery suspects. Mr. Juma Abdala Bemba and Mr. Said Faki Mharuk, were shot dead bypolice officers at Tiwi. Mombasa. Reported on December 30.Ill. Deaths from violence against womenAccording to Article 2 of the Declaration on Elimination of Violence Against Womenviolence against women shall be understood to encompass, but not limited to the following:physical, sexual and psychological violence occurring in the family, includingbattering, marital rape, female genital mutilation and other traditional practices harmfulto women, non-spousal violence and violence related to exploitation.Violence against women takes many forms among them wife battery, rape, beatings bymale relatives and friends. Many women have died at the hands of men in the home,workplace, college and refugee camps among other places. Women experience thisviolence because of their gender. Gender based violence is about domination—keepingwomen in a subordinate place in society. KHRC considers violence against women as aviolation of their human rights, and one that calls for attention not only from governmentbut from every individual in society.The Kenya law does not specifically outlaw violence women. Instead it criminalises generalviolence against other individuals between sections 250-253 of the Penal Code Cap.63 of the Laws of Kenya. Kenya needs law that criminalises domestic violence and otherforms of violence meted out on women because they are women. The state has theobligation under the Convention of Elimination of Discrimination Against Women-(CEDAW) which Kenya is a signatory of - to do everything in its power to elevate thestatus of women. The first step would be for the government to incorporate (CEDAW)into Kenyan law and to fully implement the Beijing Platform of Action. This would offerwomen a wider scope of legal protection and enhance protection of their human rights.OCTOBER• On October 3, Ms Pauline Mueni. 20. died at Nairobi' s Kcnyatta National Hospital where she hadbeen admitted with 60 per cent burns inflicted by her policeman boyfriend. The man. Mr. KeahKiprotich Rono. was arrested and charged with her murder on October 14. (See QRR - July -September 1998)• On October 21, Mr. Michael Mama Wachira was sentenced to four years imprisonment by a Nakurucourt after he was convicted of stabbing his wife, Ms Mai'y Wangechi Gachoka, to death during itdomestic quarrel.

10 • Quarterly Repression Report• On October 22, a police officer. Mr. Philip Juma Kipkania, was convicted of manslaughter by aNakuru court for shooting his lady companion, Consolata Aticno. to death at Tirnhoroa tradingcentre of Koibatek District. The incident occurred on December 4, 1996.• On October 26, an unnamed 70-year-old man killed his daughter-in-law using a panga after theydisagreed on the sharing out of Ksh 400.000 compensation paid for his sons (her husband) death.NOVEMBER• On November 13, a farmer identified as Julius Lwamha was jailed by the High Court in Kakarnegafor five years for killing his two wives Janet Ambongo and Maximilla Mhone by stabbing themafter suspecting them of being unfaithful.DECEMBER• A 14-year-old girl identified as Ms Rose Bosihori was shot dead by a Administration Police of -ficer after her brother refused to allow the officer to conduct a search in his house in East Murirangosub-location of Nyamira District.Reported on December 1. (Alsocited Under Deaths from ExtrajudicialKillings and in 1)eathsfroin Violence Against Children)• Mr. Patrick Miano was jailedfor 10 years by a Kerugoya courtfor killing his wife, Ms GraceGathoni, by hitting her thrice overher head with an iron bar while sheslept. Reported on December 1.• Ms Janet Mukiri Mugarnhidied in Metropolitan Hospital inNairobi's Buru Buru estate aftershe was beaten up by three policeofficers from Buru Buru PoliceStation. Ms Mugambi's husbandsaid the officers, hired by a manhe had a dispute with over theownership of the house, had beatenher when they stormed into hishouse and found him away. Reportedon I)ecember 15. (Alsocited under Extra-Judicial Killingsby Police)Betty Kavata at Kenyatta National Hospital where she wasadmitted before her death.• Ms Sarah Wambui died atNakuru Nursing Home after shewas shot by her A P officer friendat Ndeffo trading centre in Njoro.

11 . Quarterly Repression ReportMs Wamhui was shot in the back as she tried to run away after a domestic quarrel. Reported on1)ecember 16. (Also cited under Extra-Judicial Killings by Police)Ms Betty Kavata, a previous victim of repeated battering from her husband, died on December 25at Kenyaua National Hospital after unsuccessfully battling with severe brain and spinal injuriesfor over four monthsMs Kavata was assaulted by her policeman husband, Mr. Felix Nthiwa Munyao. on July 31 attheir Mathare Police Depot, Nairobi. home. Ms Kavata lost nearly all her teeth during the attack,and while hospitalized, lost her power of speech. She also sustained severe injuries to her head andother body parts and was left paralysed from the neck down.Her husband, a constable attached to Nairobi Area Traffic Department, was suspended from dutyafter the attack on his wife hecame public. He was arrested on December 28, five months after thebrutal attack. Police officers, citing the Penal Code, had previously defied public and family requeststo arrest him, saying a statement from Ms Kavata was required. even though she had losther power of speech. Mr. Munyao has since then been charged with her murder.(Also cited UnderDeaths fro,n Violence Against Women)A woman identified as Ms Emily Mhusi was killed and more than 20 people wounded in violenceinvolving the army in West Pokot. Witnesses reported that Ms Mbusi was stripped naked. rapedand shot by four soldiers. Reported on December 29. (Also cited iiiuler Extra-Judicial Killingsby Police & Police Brutality)Mr. Lewa Chilifi was charged in a Malindi court with murdering Ms Munyazi Kwanya and herfive-month old daughter. Nzarne Gambo. Reported on December 30. (Also cited iiizcler Deathsfrom Violence against Children)An unnamed mortuary attendant was held by police officers after he battered his wife to death inIsiolo. Reported on December 30.IV. Deaths from violence against childrenArticle 6 of the Convention on the Rights of the Child recognizes the right of thechild to life. States have the obligation to ensure the survival and development ofthe child.The rights provided for in the International Convention on Economic, Social andCultural Rights and ICCPR also apply to children.Many children are abused by adults mainly because of notions that stem from thetraditional position of the child at the bottom of the social hierarchy. Childrenwere and are still perceived as the property of, and as persons owing their existenceto their parents. This is why we find adults as parents, teachers etc. abusing childrenwith impunity because they think they can get away with it.KHRC recognizes children as individuals whose rights should be respected. KHRCreiterates that children's rights are human rights deserving of respect, and isembarking on enlightening the society on the importance of treating childrenhumanely.

12 - Quarterly Repression ReportIn fact, children being the future of our nation need to be treated with utmostcare by all. Violating children violates the future society.NOVEMBER• A man identified as Mr. Richard Kamindu Ngungu was charged in High Court sitting in Machakosfor allegedly killing his 12 year daughter identified as Jane Kamindu at Kavumbu village. Kaumalocation, in Kitui district by holding her upside down and repeatedly smashing her head against atree trunk. He allegedly killed her because he was not the biological father. Reported on November18.• On November 14, armed bandits attacked a village in Kipsing location ol Isiolo district and killeda 12-year-old girl identified as Genya Gabow Abdullahi. According to residents, the bandits kidnappedthe girl. raped her and then abandoned her mutilated body along the banks of Waso river. 2Reported on November 17. (Also cited under Deaths from Banditry)DECEMBERMr. Lewa Chilifi was charged in a Malindi court with murdering Ms Munyazi Kwanya and herfive-month 01(1 daughter. Nzame Gambo. Reported on December 30. (Also cited under Deathsfrom Violence against Women)A 14-year-old girl identified as Ms Rose Bosihori was shot dead by a Administration Police officeraller her brother refused to allow the officer to conduct a search in his house in East Murirangosub-location of Nyarnira District. Reported on December 1. (Also cited Under Deaths fromExtra-judicial Killings and in Deaths from Violence Against Women)• On December 30, an unnamed mother was arrested after she killed her three children aged betweenseven years and two months in Ogembo Division of Kisii South District.• On the same clay, an unnamed woman was arrested in Ainamoi, Kericho District alter she killedher eight-year-old son whom villagers said she had been molesting for over a year.V. Deaths from banditryOCTOBER• Five unidentified suspected bandits were shot dead by security officers in Isiolo allegedly on asecurity operation. Reported on October 1. (Also cited under Extra-Judicial Killings by Police)• On October 1, armed bandits shot (lead a Garissa businessman, Mr. Haji Omar Ibrahim.• On October 8, a passenger, Mr. Abdullahi Mohammed Olow, was shot dead by bandits along theGarissa-Sankuri road.• Two unidentified men were killed and another man and woman injured by armed bandits on acamel raid at the Bula Jamuhuri area of Mandera town. Reported on October 12. (Also citedunder Baizditry)• A homeguard identified as Mr. Issack Mohammed was killed in Mandera by armed bandits believedto have crossed over from Somalia. Reported on October 16.

13 - Quarterly Repression Report• On October 16, armed bandits ki lied four members of a family, Messrs. Mohammed Omar Ageeye,All Omar Agecyc, Mohammed Ahmed Ageeyc and Mohammed Abdullahi Ageeye in l-laraadeyarea of Garissa. (Also cited under Banditry)• On October 18, an unidentified matatu passenger was killed and more than 100 head of cattlestolen by armed bandits in Dahelc, Moyale District.• Mr. Mbiti M'Ahwika was killed by armed bandits in Mutuati Division of Ntonyiri constituencyand another unidentified man injured. Reported on October 25.• On October 25, thirty-six people were reported killed when armed bandits attacked a pastorolistmanyatta in Dagala along the Wajir-Moyale border. (Also cited under Banditry)On October 29, one hundred and sixty people died after bandits from Ethiopia raided villagesalong the Wajir-Marsabit border in North East Kenya. The estimated 500 raiders who weredescribed by the press as "Oromo" bandits from Ethiopia pillaged Budada, Gerari, Tuli andMuduma villages.However, the Ethiopian embassy in Nairobi denied the involvement of its people. In a Pressstatement, the I mbassy said "We wish to plate it on record that these unfortunati deaths haveabsolutely nothing to do with Ethiopia"The official death toll was put at 139 and at least fifty-two villagers, mostly teenage girls, werekidnapped. (Also cited under Violence against Women)NOVEMBER• On November 6. security forces in Garissa shot dead two suspected bandits and arrested threeothers in an operation mounted to track down 12 bandits who killed one person in another mcident.• On November 7, armed bandits killed an unidentified man at Badasa Manyatta in Marsabit district.• On November 14. armed bandits attacked a village in Kipsing location of Isiolo district and killeda 12-year-old girl identified as Genya Gabo Abdullahi and abandoned her body near the banks ofWaso river. The bandits believed to he from a neighbouring district, also drove away 1 50 camels. 2(Also citeJ Under Deat/zsfroin violence Against Children)• On November 23, a man identified as Bashir Shcikh Mohammed was killed by bandits atMhalambala trading centre. He was killed as he drove his cattle for grazing.DECEMBER• On 1)ecemher 4, an unidentified administration police officer was shot dead by armed banditsnear I-Iagdera refugee camp in Garissa district.• On December 8, Mr. Mohammed Sugow Aden and Mr. Isaac Garan Aden were killed by banditsat Liboi border town in Garissa district.2Reported to KHRC office by Khadija Rama, an Isiolo resident.

14' Quarterly Repression ReportOn I)ecember 16, Kenyan security forces shot dead a suspected bandit at Modikarey, Garissa.(Also cited under Extra-Judicial Killings by Police)• On 1)ecember 18, police officers in Garissa shot dead a suspected bandit and injured severalothers. (Also cited ii,icler Extra-Judicial Killings by Police)• On December 22, an unidentified herdsman was shot dead by bandits who stole his cattle near 01-Moran town in Laikipia District. (Also cited under Banditry)VI. Death in PrisonPrison conditions in Kenya have been described as a death sentence. .HRC in its report, "ADeath Sentence-Prison Conditions in Kenya, describes the state of Kenyan prisons as terrible.The Attorney- General, the Minister for Home Affairs who is in charge of prisons and membersof the judiciary have publicly admitted that there have been deaths in prison due to the deplorableconditions there.Being in prisoner does not warrant one to be treated inhumanely. The sole purpose of the prisonsis to rehabilitate individuals who have broken the law to enable them fit in the society once theirterms end. Unfortunately, the prison conditions in Kenya have been described as a death sentencebecause of the deplorable conditions under which prisoners live. Many prisoners have died ofdysentry, typhoid, and ulcers after being denied medical care when sick. These are aggravatedby improper diet and dirty overcrowded cells. Their deaths are unwarranted and a terribleabuse of their right to life.Prisoners' rights must be respected hand in hand with those of other marginalised citizens likechildren, women, and refugees. Being in prison does not mean that a prisoner ceases to be humanjust because he is removed from the wider society.KHRC believes that respect for prisoners rights is imperative and urges the government toimprove the conditions of the prisoners. It is common knowledge that the prison is one of thewealthy government projects, a fact that leaves one wondering why the government does notutilize these profits to improve the prisons.OCTOBEROn October 7, two prison warders. Mr. Silas Wanyeki and Mr. Daniel Kigo Kinyanjul, werecharged in a Nyeri court with murdering Mr. Joseph Mama Ngima on August 29, 1998 while hewas serving a sentence at King'ong'o Prison.• On October 22, prison officials informed it court in Nyahururu that Mr. Patrick Kiama Muteru, amurder suspect had died at Nyahururu remand prison in July. 1998.NovemberEditor Note: There were no deaths reported in November.DECEMBERA suspect arrested by CID officers in Mombasa, Mr. Hassan Matano, died in mysterious circumstancesin police custody. Reported on December 23.

15 - Quarterly Repression Report• On December 24, it prisoner at the Nyamira Police Station, Mr. Mogare Nyasimi, collapsed anddied while in custody at the police cells.VII. Death Penalty WatchDebate on the Death Penalty in Kenya has been going on for some time. Thoughno executions have taken place in the country since 1985, the death sentence isstill retained in our statute books. More than 700 people are under the sentenceof death in Kenya today.The death sentence is the mandatory punishment for capital offences such asrobbery with violence, murder and treason. In 1995, a motion was brought toparliament calling for the abolition of the death sentence but it was defeatedbecause the government was reluctant to abolish it. KHRC views the death penaltyas a violation of the right to life.KHRC views the death penalty with apprehension because it can be used as apolitical weapon against government critics as it was done in Nigeria with KenSaro Wiwa in 1995. In Kenya, prominent politician, Koigi wa Wamwere, wascharged in 1993 with robbery with violence. He was, strangely, sentenced to fouryears imprisonment even though the offence carries a mandatory death sentence.OCTOBER• Mr. John Njiru Maskali was sentenced to death by Kerugoya Senior Resident Magistrate NyagahNjagi for robbery. Reported on October 1.• On October 2, Mr. Peter Githinji, Mr Willy Njagi and Mr Peter Mute were sentenced to death byKerugoya Senior Magistrate Nyagah Njagi after they were convicted of attempted robbery withviolence.• On October 6, Mr Peter Kingori Thairu was sentenced to death by a Nycri court for robbery withviolence.• On October 8, Mr Joseph Mama Warui was sentenced to death by Kerugoya Senior ResidentMagistrate Nyagah Njagi for raping and threatening to kill his victim. (Also cited ii,,Ier Violenceagainst Women)• On October 9, Mr James Muthee Karanja and Mr Joseph Kosgei Lamani were sentenced to deathby Nakuru Principal Magistrate 1-laroun Boinett for violently robbing a couple and raping thefemale victim. (A iso cited iiiicler Violence against Women)• On the same day, Mr Joseph Kinyua was sentenced to death for committing a robbery whilearmed with a panga and a rungu. He was accused before the Maua senior resident magistrate, MrMaxwell Gicheru of robbing Ms Lydia Keendi of Ksh 10.025 and injuring her. The offence wascommitted on September 11, 1997 at Kaelo trading centre, Larl Division.• On October 13, Mr John Kibe Mwangi, Mr Chris Ngugi Wairimu, Mr Peter Mwaura Njuguna andMr Shadrack Kamau Kihe were sentenced to death by Nairobi Senior Resident Magistrate GraceNzioka for committing a robbery while armed.

16. Quarterly Repression Report• On October 23, Mr George Mwanki Gitee and Mr Michael Mwaniki Kariuki were sentenced todeath by Naivasha Resident Magistrate Lucy Gitare for armed robbery.• Mr Francis Oguma Chore and Mr Dominic Osimo were sentenced to death by Kisumu JudgeI.C.C. Wambilyanga after they were convicted of murder. Reported on October 30.NOVEMBER• On November 12, Mr Rama Bakari Marasi and Bakari Hamisi Kusi were sentenced to death bySenior Resident Magistrate Joan Siganga for violent robbery. They were charged with robbingMr. Julius Nderni Ngeta of personal items worth Ksh 2.240. They were also charged with robbingJared odhiambo Owino of property valued at Ksh 3000.• Messrs. George Motugwa, Kennedy Oyuge, Kennedy Nyaata Otundo and Christopher OmanyiOmaiyo were sentenced to death by a Kisii Court for robbery with violence. Reported on November13.• On November 16, Mr Mwenda Mwaniki was sentenced to death by a Mombasa Court for violentlyrobbing Joseph Kiilu Mhuu of Ksh 1,500 on April 14 at Shanzu village in Mombasa. Healso robbed Mr George Sanga of Ksh 1,600 an identity card and a passport• Mr Joseph Macharia was sentenced to death by Nairobi Magistrate Jessie Lesiit for stealingvehicle at gun point, along Juja road on June 16, 1998. Reported on November20DECEMBER• On December 1, Mr Shaban Salirn Ramadhan was sentenced to death by Mombasa Senior ResidentMagistrate Joan Siganga for violent robbery. Ramadhan was found guilty of robbing BernandMutie of two goats and eight chicken worth Ksh 4,500 at Mbugunu village, Ngombcni location.Mr George Okello was sentenced to death by Mombasa Senior Resident Magistrate eatrice Malohafor violent robbery. Reported on December 17.On 1)ecember 28, Mr Boniface Manje Mama was sentenced to death by Kibera Principal MagistrateJane Ondieki for violent robbery.B. Police brutality, cruel and inhuman treatmentIn February, 1997, Kenya acceded to the UN Convention against Torture, a legallybinding international treaty which outlaws torture and exposes Kenya to scrutinyby fellow states. The convention against torture and other cruel, inhuman ordegrading treatment or punishment prohibits acts that belittle the dignity of thehuman being, or grossly humiliate an individual by making him do things thatare against his conscience.Chapter V, Section 74 (1) of the Kenya Constitution states that "No one shall besubject to torture or degrading punishment or other treatment." The police haveno right to inflict either physical, mental suffering on a person even for purposesof obtaining a confession, punishing, or intimidating the individual. Suspects andprisoners must be treated humanely: their being incarcerated does not warrantthem being treated in a degrading or debasing manner.

17 • Quarterly Repression ReportOCTOBER• A robbery with violence suspect, Mr Samuel Magagi Mabeya, told a Nyeri court that police officersat Shauri Moyo Estate in Nairobi beat him severely before taking him to Yatta Police Station inMachakos District where he was forced to confess to stealing two vehicles. Reported on October1.• A suspected car-jacker, Mr John Kingori Wachira, told a Nycri court that he had been beaten up bypolice officers to get him to confess to a crime of which he claimed to be innocent. The officersthen confiscated medical (locuments detailing the injuries he sustained in their custody. Reportedon October 1.• On October 5, several teachers, journalists and protesters countrywide were injured when policeand GSU officers charged into peacefully demonstrating crowds that were demanding the implementationof the government-promised teachers salary scales. (Also cited underArbitraiy Arrestsand Irregular Circumstances of Detention, Workers Rights, Freedom of Peaceful Assemblyand Association & Freedom of Speech and of the Press)• On October 6, at least 10 people were injured in Meru town when armed police officers chargedand hurled tear-gas at striking teachers.•On October 15, a police constable chargedwith stealing a firearm from a police station,Mr Michael Matistsa, told a Nakurucourt he suffered from chest and leg injuriesafter he had been whisked out of hishospital bed and tortured by members of theFlying Squad.•On the same day, a suspect. Mr JosephGitonga, told a Nycri court that he was unableto pass water after police ollicerssqueezed his private parts after arrest.• A robbery with violence suspect. Mr Isaiah Macharia Wachuka. told a Nyeri court that he wassneaked out of hospital by police officers and forced to sign a statement incriminating himselfwhile ill. Reported on October 22.• On October 25, armed police officers led by the Mukurwe-ini OCS stormed into and dispersed ameeting at the Catholic church compound. injuring several people, including an 85-year-old man.Mr Gituiyu.• A probe team formed to investigate financial fraud by the Mukurwe-ini Co-operative Societymanagement had met in the church compound with the permission of the parish priest. However,armed police officers who stormed into the meeting arrested five members of the probe team andcharged them with incitement to violence?. (Al.ro cited under Arbitrary Arrests and IrregularCircumstances of Detention & Freedom of Peaceful Assembly and Association)Statement by Kahando wa Kabando, human rights activist.Reported on December 30.• An unidentified chief in Matungulu Division of Kangundo District brutally assaulted an unnamedpeasant farmer with a knife. Reported on December 30. (Also cited tinder Harassment of thePoor by Police and Interference with their Livelihood)• A violent robbery suspect, Mr John Munenc Karanja, told a Nyeri court that police officers twistedhis testicles using pliers in an attempt to force him to sign a statement. He said that the officersthen took him to Kabaru forest and tortured him further. Reported on December 31.4Loitering is not an offence under Kenyan law.

18. Quarterly Repression Report - -• On October 26, Kiwi Central MP Charity Ngilu. tier supporters and several opposition leaderssuffered varying degrees of injuries in the hands of anti-riot police who tear gassed their convoy inKituis BAT grounds. (Also cited under Iizterference with Opposition Political Activity & Freedoiiiof Speech and of the Press)• A thell suspect, Mr Ahmcd Abdullahi Ibrahirn, was admitted to Mandera District Hospital inserious condition after being tortured by police officers from Elwak for four days. Mr Ibrahim saidthe officers pulled his nails out and squeezed his private parts until he passed out. Reported onOctober 27.T7 T' It r 1) I' Tb20. Quarterly Repression Report• A violent robbery suspect. Mr Peter MuehiriMunene, had one of his legs broken by prisonwarders. He named the three warders asKinoti, Mugo and Mureithi. Reported onDecember 31. (Also cited Under PrisonConditions)At least 20 people were injured when armypersonnel in West Pokot District fired intoinnocent bystanders in a two-day violenceorgy. Mr Rongen Lomogen was shot at thetrading centic and suffered a bullet woundon his wrist. Mr Simotwa Kisa received injurieson his face and Mr Barnaha Kirwa wasadmitted to hospital with a but let lodged inhis thigh. (Also cited underDeaths from Violenceagainst Women & Extra-Judicial Killings by the Police)C. Arbitrary arrests and irregular circumstances ofdetentionThe Kenya Constitution is clear on the circumstances under which a person maybe arrested and the rights of arrested persons. The Kenyan Constitution states:"A person who is arrested or detained for the purpose of bringing him before acourt in the execution of the order of a court; or upon reasonable suspicion of hishaving committed, or being about to commit, a criminal offence and who is notreleased shall be brought before a court as soon as is reasonably practicable,and where he is not brought to court within 24 hours of his arrest or fromcommencement of his detention, the burden of proving that the person arrestedor detained has been brought before a court as soon as is reasonably practicableshall rest upon any person alleging that the provisions of this subsection havebeen complied with."KHRC views arbitrary arrest as a human rights issue because it has been used bythe government to punish critics of the system. It is an issue of utmost concernbecause people are held for long hours, days or even weeks without being releasedor charged in courts of law. This seriously infringes on the right to liberty.It is further a human rights issue because suspects are kept under poor conditionswithout the knowledge of their relatives, lawyers, doctors or friends. TheKenyan experience has shown that suspects arrested arbitrarily are often badlytortured by police officers and chiefs.OCTOBER• Sixty three people who included striking teachers were arrested on October 5 countrywide overthe teachers strike and charged in court with participating in illegal demonstrations. (Also citedunderPolice Brutality, Workers Rights, Freedom of PeacefulAssemnbly and Association & Freedommzof Speech and oft/ic Press)

21 • Quarterly Repression Report• On October 6, officials of the Kenya National Union of Teachers were arrested in their offices inNakuru and six teachers charged in a Kajiado court with participating in the demonstrations. Twohead teachers in Kericho District were also arrested and charged with sending their pupils home.• On October 10, Ms Fatuma Au. 25, was arrested and detained by police officers from Kitui policestation forloitering at odd hours. She stayed in police custody from 9pm to 2am and was onlyreleased alter paying an illegal fine of Ksh 200.NOVEMBER• On November 7, Mr Gikandi Ngibuini a lawyer representing six people arrested for allegedlydemolishing a wall on November 5, at Mama Ngina public car park in Mombasa said that thedecision to bond his clients to appear before the Mombasa District Criminal Investigations Officerwas not fair since no complainant had come forward to record a statement. One of the suspects MrCaleb Ngwcna said that following the arrests in connection with demolitions the group had beenbonded to appear before the Mombasa DCIO.DECEMBER• More than 20 traders were arrested by city council askaris at Nairobi's City Market for protestingan increase in license fees. Reported on December 1. (Also cited under Freedom of PeacefulAssembly and Association & Harassment of the Poor by Security Forces)• Police officers in Nairobi arrested 894 foreigners allegedly residing in the country, in an operationmeant to rid the city "of danger". Reported on December 8.• Police officers in Nakuru town arrested over 50 people on allegations that they criminals andillegal immigrants. Reported on December 11.• Over 40 people, allegedly suspected criminals, were arrested by police officers in Kirinyaga. Reportedon December 22.• Over 200 people were arrested by police officers in a crackdown on 'crime' in Garissa town.Reported on December 30.

22 Quarterly Repression ReportSection IICivil rights and libertiesA. Freedom of speech and of pressArticle 19 of the International Covenant on Civil and Political Rights (ICCPR) statesthat "every person has the right to hold opinions without interference", "everyoneshall have the right to freedom of expression; this right shall include the freedomto seek, receive and impart information and ideas of all kinds regardless offrontiers, either orally, in writing or in print, in the form of art or through anyother media of his choice."Freedom of expression is about the right to speak and the right to know. It is theright of every individual to voice political, cultural, social and economic opinions.It is the right of individuals to access government policies and actions. This freedomallows people to influence government policies and to change governments inexercise of their democratic rights. It is the cornerstone of democracy.A free press is a watchdog over individual rights and freedoms. It keeps thepublic informed about good and bad government policies. An informed publickeeps the government on its toes by questioning its actions and highlighting humanrights abuses.OCTOBEROn October 2, the editor of the Kenya Cunfidejitial. Mr Blamuel Njururi. was arrested by policeof licers over an article published in the paper titled "The Kenya Police. A monstrous disa.rler.Mr. Njururi was later released and has a case pending in court.On October 5, journalists covering the countrywide teachers strike \\'cre roughed up and injuredby police ofbcers. A Nation correspondent Mr Abdi Noor was roughed up in Isiolo and threejournalists in Nycri. Mr Martin Telewa and Mr Waweru Mugo of the Nation Media Group and MrMunuhe Gichuki of the Star were beaten. Mr Telewa's camera was also destroyed. (A/so cite(lunth'r Police Brutality, Workers Rig/its, Freedom of Peaceful Assembly and rissociatioiz & ArbitraryA rrests and Irregular Circumstances of Detention)On October 5, police and GSU officers forcibly bioke up countrywide peaceful demonstrationsby teachers who were protesting the delayed implementation of their salary scales by the government.(Also cite(l iuider Police Brutality, Arbitrary Arrests and Irregular Circumstances of Dctemition,Workers !?ights, & Freedom of Speech and oft/me Press)• On October 10, the Mali ndi Deputy OCPD Mr Erick Kirathe struck J. local council br, Mr Al iDidi, with it truncheon on the head for convening a separate meeting from the official Moi Daycelebrations.

23 - Quarterly Repression ReportOn October 26, anti-riot police officers beat up a Nation correspondent Mr Paul Mutua who wascovering a meeting convened by Kiwi Central MP, Hon. Charity NgiluOn October 29, the East Afri can Standard Chief Parliamentary reporter Mr David Okwemba wasbarred by the Clerk to the National Assembly and security orderlies from gaining access to Parliament.The orderlies also demanded he surrender his parliamentary press card over his report exposinga Ksh 45 million gunny hag scandal.Mr Okwemba had filed a story from Parliament which implicated the wife of Finance MinisterSimon Nyachae in a scandal involving the importation of gunny bags. The Mumias MP, Hon.Wycliffe Osundwa had on the previous day said in parliament that Mrs. Nyachae and two otherswere binding for tender to supply gunny bags to the Kenya Tea Development Authority in whichthey would make Ksh 45 million.NOVEMBERMr Wayengela Abuyeka an East African Standard correspondent was ordered out of a vehicle hehad boarded by a DC, Wison Litole for allegedly filling stories hostile to the administrator. Thenewsman was reportedly dropped in risky area 15 km from Mwirigi town. Reported on November2.On November 12, Tom Matoke, a Nation journalist was hijacked at 7 pm as he went to his housein Kapsahet town by people who claimed they had been sent to kill him because of his testimonyto the on going Akiwumi Commission on the cause of ethnic violence. He was released on thedawn of November 13 and warned against testifying in the Commission.On November 23, Senior Resident Magistrate, Mr Kiarie Waweru Kiarie barred Mr Stephen Munyiriof the Daily Nation newspaper from covering the proceeding of a Karatina court in Nyeri. MrKiarie recently featured prominently in the press following a punch up with a lawyer, Mr GachecheMiano. Earlier in the year, Nation's Bureau Chief, Mr. Muthui Mwai wrote to the Nyeri ChiefMagistrate protesting another ban imposed on Mr Munyiri by the magistrate.On November 27, the press was barred from covering the proceeding in the Bagalla massacreprobe committee sitting in Wajir town 6 .The Nation and East African Standard reporters wentaway after waiting for two hours outside the Wajir DC's office.• Assistant Minister Simeon Kiptum Choge threatened to evict a journalist from Nandi District forallegedly publishing negative stories on him. He also warned other reporters based in Kapsabet ofdire consequences should they publish 'negative' stories about him. Reported on November 30.DECEMBER• On December 1, Kieni MP, Dr. Christopher Murunguru, was picked up by police officers fromthe Criminal Investigations Department in Nyeri and questioned over a speech he delivered duringa political rally in Kipipiri. (Also cited under Government Interference with Opposition Politics)oThe probe Committee was instituted after 162 people were killed in a massacre in Wajir District.The Minister in charge of internal security. Hon. Marsden Madoka blamed the killings on guerillasfrom the Oromo Liberation Front (OLF) a rebel movement fighting the Ethiopian government.Opposition leaders claim that the OLF has two camps in Wajir, a claim refuted by the government.

I I24 • Quarterly Repression Report• On December 21, the Judicial Commission of Inquiry into tribal clashes banned the Nation newspaperfrom covering its proceedings for a 'misleading' representation of the Commission's proceedings.The paper was allowed back after an apology.B. Freedom of peaceful assembly and associationOCTOBER• On October 5, police and GSU officers forcibly broke up countrywide peaceful demonstrationsby teachers who were protesting the delayed implementation of their salary scales by the government.(Also cited under Police Brutality, Arbitrary Arrests and Irregular Circumstances of Detention,Workers Rights, & Freedom of Speech and oft/ic Press)• On October 10, the Malindi Deputy OCPD Mr Erick Kirathe struck a local councillor, Mr AuDidi, with a truncheon on the head for convening a separate meeting from the official Moi Daycelebrations. Freedom of Speech.• On October 17, armed riot police officers prevented MP's and conservationists from assemblingand planting trees at Karura Forest.Editor Note: The Karura Forest saga started on September 21. 1998 when the Kenya TelevisionNetwork (KTN) exposed a large clearing in the forest for the building of a residential estate.Whispers Estate. Three days later, the Natural Resources Minister, Francis Polisi Lotodo said theexcision of the forest was legal.. 'flIt 1I .k '-. 41'Ilepjtt _Police officers heating up teachers participating ina strike called by KJVUT

25 • Quarterly Repression Report• On October 7, twelve members of parliaments accompanied environment and human rights groupswent to Karura and chased away the 'developers and destroyed their property estimated at Ksh. 80million. Since then, the government has refused to release the identity of the owners who aresuspected to he well connected individuals. When challenged in parliament, the government onlybrought the plot a list of land reference numbers which the house rejected.NOVEMBER• On November 2, police sealed off Nyayo Gardens in Nakuru to stop a meeting by a group insupport of victims of tribal clashes. The armed police officers, with dogs, kept vigil at all entrypoints to the facility. Private photographers and hawkers were also barred . The Nakuru policechief, Mr Julius Soi, said the move was taken to bar the illegal group from holding a scheduledmeeting in the park.• On November 8, police sealed off Afraha stadium, the would he venue of inter party rally whichwas to discuss corruption and the conduct of some of councillors over alleged involvement incorrupt dealing in Nakuru Municipal Council.The police action came a day after President declared that only peace meetings will take place inNakuru and Laikipia Districts. The rally had been convened by a group calling itself Inter-partyAnti -corruption Committee, led by Nakuru town MP David Manyara and his predecessor Dr.Lwali Oyondi. The meeting had been licenced by Nakuru Central police chief Mr Stanley Kilonzo,on November 6 but it was cancelled the following day at 4 pm.• On November 8, SDP supporters engaged the police in running battles after a rally convened byYatta MP Francis Warnbua was disrupted by the police. The local police boss, Inspector ErastusMicheni declared the meeting illegal and ordered the MP and his supporters to disperse.• On November 19, the government warned its officers not to attend a seminar at Dunga in Kisumuwhere 56 MPs, among them 5 Cabinet ministers and 9 assistant Ministers had been invited. KisumuDC Ali Koranc said the seminar organised by an NGO, Western Kenya Network, should he shunnedby all participants invited. He also said at press conference that the government does not knowthose behind the NGO. their objectives and who mandated them to hold a seminar of that magnitudein the town. (Also cited under Govern men! Interference with Non Governnental Organisations)• On November 21, hundreds of protesting farmers in Kiambaa, Kiambu District, were violentlydispersed by the police who fired in the air. They were protesting against eviction from a farm bya former area chief, Mr. George Ngugi Mama. Police from near by Karuri Police Station arrestedfour protesters during the incident. The chair of the subdivided 500 acre farm, Ms Grace WahuNjoroge, accused the police of siding with the former chief.• On November 27, police fired several times in the air to disperse farmers at Mushagara coffeefactory in Kirinyaga District who were protesting the closure of their factory. The incident wassparked of by an announcement by the provincial co-operative officer Ms Beatrice Njeri that thefactory had been closed down following disagreements in management. The farmers reacted angrily over the order and refused to leave the venue. (Also cited under the Police Brutality, Crueland Inhumamz Treatment)

26 • Quarterly Repression ReportDECEMBER• More than 20 traders were arrested by city council askaris at Nairobi's City Market for protestingan increase in license fees. Reported on December 1. (Also cited tinde,- Arbitrary Arrests andIrregular Circumstances of Detention & Police Harassment of the Poor)• On December 10, several people were injured after police officers with sniffer dogs and anti-riotgear in Nyeri charged into a crowd of coffee farmers who were attending their annual generalmeeting in Othaya town. The farmers had earlier resolved that they will not allow the cooperativesManagement Committee to run their affairs. They had also thrown out Central Province Cooperativeofficials from the meeting over wrangles in the management of the society. The officers shotinto the air, lobbed tear-gas and beat the farmers.• On December 14, several members of the Nairobi Posta Sacco Society were injured in a stampedeafter police officers fired severally into the air to disperse the protesting members. The memberswere protesting against poor management of the Society.• On December 23, anti-riot police officers in Nyahururu dispersed a group of protesting diaryfarmers. The farmers had gathered to protest against late payments for their milk.• Anti-riot police officers from the Kiria-ini Police Station in Muranga charged at and tear gassedtea farmers participating in a tea picking boycott organised by the Kenya Union of Small ScaleTea Growers. Reported on December 24.C. Academic freedomArticles 9, 10, 11 and 17 of the African Charter on Human and People's Rights -which Kenya ratified in February 1992 - provide for the right to information andits dissemination, the right to association and assembly, and the right to education.Further, Article 19 of the International Covenant on Civil and Political Rights, whichKenya signed on May 1, 1972 and put into force on March 23, 1976 declares that:"Everyone has the right to hold opinions without interference; the right to freedomof expression (including) the freedom to seek, receive and impart informationand ideas of all kinds, regardless of frontiers..."Academic freedom encompasses the freedoms of thought and of conscience, andthe propagation of ideas, in addition to the other fundamental rights and freedomsavailable to every member of society.OCTOBER• On October 18. the Chairman of the Moi University Students Organization, Mr Hassan Omar.was suspended from the institution indefinitely for allegedly organizing and leading demonstrationsin support of the teacher's strike and for proposing a change of the institution's name.In a letter of his intention to sue the University, the fourth year student said his suspension, ascommunicated by the acting Vice-chancellor, Prof. D.K. Sonic, was against the laws of naturaljustice as he never got the opportunity to defend himself. Mr 1-lassan says that he fears futureproceedings against him may be prejudicial since Prof. Some is chairman of the senate disciplinarycommittee. The case in pending in court.

27 • Quarterly Repression ReportNOVEMBEROn November 4, elcvcn students from Alliance Fligh School missed part of their Kenya Certificateof Secondary Education (KCSE) after they were suspended. They claimed that the schoolprincipal. Cyrus Wahome wanted to cane them for petty olTences they had committed before theyhad to sit for the chemistry practicalOn November 5, Alliance Boys High School students demonstrated to protest the suspension oftheir colleagues. The students stormed out of their compound and marched to the city protestingPrincipal's decision to suspend their colleagues, which they termed as too harsh.DECEMBERA Standard two pupil at Icuga Primary School in Nycri sued the school head teacher after heexpelled her from the school following a disagreement with her father. Reported on December 4.Government interference with NGO'sOCTOBER• A civic and land rights awareness workshop organized by the Release Political Prisoners PressureGroup in Machakos on October 23 and 24 was disrupted by officers from the provincial administf1tiOi1.NOVEMBEROn November 19, the government warne(l its officers not to attend a seminar at Dunga in Kisumuwhere 56 MPs, among them 5 Cabinet ministers and 9 assistant Ministers had been invited. KisumuDC All Korane said the seminar organised by an NGO. Western Kenya Network, should be shunnedby all participants invited. He also said at press conference that the government does not knowthose behind the NGO, their objectives and who mandated them to hold a seminar of that magnitudein the town.On November 22, Ken Wafula Secretary General of Muliro Centre for Human Rights and Democracyescaped arrest in Eldoret town because of a report the group issued which implicatedo!'ficcrs at the Eldoret Police station in torture of suspects and street children.Prison ConditionsOCTOBERSeveral suspects held at the Shimo Ia Tewa prison went on a hunger strike, some with severeconsequences. as they fell critically ill, due to prison conditions and delays in the hearing of theircases.The principal has since been removed from the school.

28. Quarterly Repression ReportMombasa resident Judge, Andrew Hayanga admitted there is a crisis regarding the disposal ofcriminal appeals and murder cases citing the absence of his colleague Justice Philip Waki who wasonleave. Reported on December 13.• Male and female prisoners in 01 Joro Orok Division were detained together by chiefs in securitycells . Reported on December 22.NOVEMBERThe Attorney-General said that Kenyan prisons, currently housing a population of 38,000, hadonly been built and equipped to house a third of that figure. Reported on November 18.DECEMBER• A robbery suspect, Mr Peter Muchiri Munene, had one of his legs broken by prison warders whotortured him, crippling him. He named the three warders as Messrs. Kinoti, Mugo and Mureithi.Reported on December 31. (Also cited under Police Brutality)According to the Prisons Act, male and female prisoners shall he incarcerated completely separatelyand they should not see, converse, or communicate with each other. They shall keep absolutelyseparate from each other and shall be confined in different buildings

29 - Quarterly Repression ReportSection IIIBanditryOCTOBER• Two unidentified passengers were seriously injured by bandits who attacked a convoy of carsalong the Garissa-Lihoi road. Reported on October 2.• On October 3, an electoral commission official, Mr Boha Shambaro, and several other peoplewere injured in a bandit, ambush on the Garsen-Malindi road.• An unidentified man and woman were seriously injured in Mandera town and two men killed bybandits. The man and woman were both admitted to the Mandera District Hospital. Reported DNOctober 12. (Also cited tinder Deal/is rom Banditry)• On October 14, armed bandits ambushed a vehicle ferrying the North Eastern PC Maurice Makhanuat Ukasi trading centre enroute to Garissa. The occupants escaped from the attack unharmed.• On October 16, two herdsmen. Mr Abdullahi Gahon and Mr Mohammed Hassan, were injuredand four men killed by armed bandits in the Haraadey area of Garissa. (Also cited under Deathsfrom Banditry)• At least seven people were injured on October 25 when armed bandits attacked a manyatta inDagala along the Wajir-Moyale border. (Also cited under Deaths from Banditry)NOVEMBER• On November 7, a lorry belonging to Lagdera MP,Mohammed Shidiye was shot at by the bandits onGarissa-Dujis Road, injuring seven passengers. Thebandits were ransacking another vehicle when theywaved the loriy to stop but its driver sped past themprompting the bandits to open fire.• On November 13, seven tourists, who included twoBritons, two Canadians, two Swedes and a ChileanNational who were travelling via Isiolo townto Buffalo Game Reserve were robbed by a groupof bandits six Kilometres from Isiolo town. Thetourists who were aboard a van, lost money in localand foreign currencies, travellers cheques, passports.cameras and lenses.• A lorry driver identified as Mr Mathias Malo wasseriously injured and money stolen from passengerswhen four armed bandits ambushed more than

30 • Quarterly Repression Reportfive vehicles on the Kitale-Lodwar road. According to Turkana police boss, Mr Joseph Magero thebandits took more than Ksh 1,8000 from passengers before beating them and ransacking the vehicles.Reported on November 15• On November 21, five armed bandits burned a lorry hired by the World Food Programme lorrydestroying 100 bags of wheat and seriously wounding the loader. Mr Degow Dubow in Garissa.The lorry belonging to Kawir transporters was transporting food from Mombasa to Dadaab RefugeeCamp before it was attacked.• On November 19, bandits attacked a convoy of trucks along the Garsen Lamu road and robbedpassengers of goods worth thousands of shillings.• On November 27, security personnel arrested two suspected bandits and recovered four guns and42 rounds of the ammunition in Kipsing and Mlango areas of Olndonyiro Divisions, Isiolo district.DECEMBER• Cattle rustlers invaded Kasighsu location of Voi Division stealing more than 100 head of cattle.Reported on December 17.• An unidentified herdsman was seriously injured and more than 150 head of cattle stolen whenheavily armed raiders attacked a manyatta in Turkana on December 24.• Two suspected bandits of Samburu origin were arrested by police officers after a cattle raid inwhich an unknown number of cattle were stolen and a villager killed in 01-Moran. Laikipia. Reportedon I)ecember 26. (A/so cited under Deaf/is from Banditry)• More than 50 head of cattle were stolen when armed raiders invaded villages in Baringo andMarakwet districts. Reported on I)ecember 30.• Thirty head of cattle were stolen in Kwanza Division of Trans Nzoia District when more than 50heavily armed rustlers attacked Kimondo trading centre. Reported on December 31.

31 . Quarterly Repression ReportSection IVEconomic and Social RightsA. Land GrabbingSince 1995, there has been a rapid rise in cases of land grabbing. 'Land grabbing'denotes the acquisition of public land for free or at a nominal cost by individuals. Itis often done secretly or quietly without a public hearing or consent. In most casesof land grabbing, the perpetrators are either politicians, rich businessmen or wellconnectedcivil servants. The land targeted is either public utility land, school playgrounds,cemeteries, parks, land belonging to the poor or road reservesOCTOBER• On October 1, Bomet MP Isaac Ruto revealed that a section of the vast Siongiroi Forest inChepalungu constituency had been illegally allocated to private developers.• Over 5,000 hectares of land in Kitale, Mt. Elgon and Kakarnega natural forests were grabbed bytycoons after they were de-gazettcd by the Government. Reported on October 10.• On October 11, a nominated MP, Mr Rashid Sajjad was mentioned as a beneficiary of the illegallyallocated Karura Forest.• A seven foot perimeter wall fence was erected around an illegally allocated plot in DagorettiCorner of Nairobi. Reported on October 17.• Public land meant for the construction of a stadium and a school in Athi River town was illegallyallocated to an unidentified cabinet minister's daughter. Reported on October 19.• An undisclosed number of public plots were illegally allocated to private developers in Merutown. Reported on October 20.• A 25-acre stretch of land in Kiambu's Lari Division, the proposed site for Kamae locational headquarters,was alienated and irregularly allocated to an unnamed Kanu official and his brother.Reported on October 20.• An unnamed private developer in Ndumbuini, Kiambu, believed to be an influential politician,was illegally allocated more than 60 acres of land belonging to the Veterinary and Artificial Inseminationdepartments. Reported on October 21.• On October 25, hundreds of Mathare residents in Nairobi held a demonstration to protest againstthe grabbing of 20 acres of land from the shanty village by private developers.

329 Quarterly Repression Report• On the same day, residents of Mukuru Kwa Njenga village, Nairobi, claimed that Cabinet MinisterJoseph Kamotho had, in defiance of a court injunction issued in 1996, alienated a 50-acre pieceof land along Embakasi Road for personal use. Mr Karnotho admitted to owning only four acres,but claimed he had purchased it in 1989.• A six-acre plot of land within Kutus town, Kirinyaga District set aside for the construction of apolice station, was illegally allocated to three unnamed local tycoons. Reported on October 26.• On October 31, property worth of millions of shillings was destroyed in Mathare slums whenabout 60 armed administration police officers and hired youth demolished shanty houses. Theofficers stormed the area and pulled down houses and kiosks along Juja Road near St. Teresa'sSchool at 4 am. Councillor Francis Kamande said the eviction was illegal as the residents had notbeen given notice to vacate the land. Karnande said the land in question was a road reserve andwarned the private developers against claiming its ownership.NOVEMBER• On November 1, Nyeri town MP Wanyiri Kihoro accused the local administration of trying toarm twist the Hospital board into validating the alienation of hospital plots and irregular award ofa water bore hole tender. Two plots in Nyeri municipality were allocated to top civic leaders whohave since sold them to third parties. The MP said the plots were reserved for hospital staff housesand that the DC could not ratify their allocations.• On November 2, more than four hundred people threatened to invade a five acre public utilityland at Kimumu Settlement Scheme in Uasin Gishu which had been alleged grabbed by a formersenior government officer.• On November 3, the Embakasi MP David Mwenje tabled a document in parliament implicatingcity council Town Clerk, Zipporah Wandera, and director of Town Planning, Kuria Wa Gathoniover illegal allocation of 100 plots. Mwenje said the two chief officers had messed U the councilfor a long time by irregularly allocating themselves several plots worth of Ksh 3 billion.• On November 6, armed police in Mombasa dispersed opposition and other activists who werepulling down perimetre walls erected around Mama Ngina grounds and arrested some of them.The arrested included Safina activist Khelef Khalifa and Supreme council of Kenya Muslims(SUPKEM) Vice -Chairman Munir Mazrui, and Release Political Prisoners (RPP) Coast representativesCaleb Ngwena and Patrick Juma. The wall was erected by land grabbers who haveexercised part of the public utility for private use. (Also cited under arbitrary arrests and irregularcircumstances of dete,ztion)• Scores of people were injured when some slum dwellers in the city's Mathare valley repulsed agroup of people sent to demolish houses earmarked for a housing project. The group had been sentto demolish the houses when the residents opposed to the project implemented by the CatholicArchdiocese of Nairobi confronted them and a fight ensued. The project entails demolishing themud or tinned houses and replacing them with concrete. Residents claim though that it is a plannedeviction . The project is known as the Amani Housing Trust which is funded by the Kenya-GermanCooperation. Reported on November 12.• On November 11, Kihwezi MP Onesmus Mboko told parliament that the Central Provincial CommissionerMr Peter Kiilu was allocated a 10 acre plot at Kiboko settlement Scheme in Kibwezi setaside for squatters. Besides the PC Kiilu, a deputy Commissioner of Police Peter Kimundi had

33 - Quarterly Repression ReportThe scene of the deinolitions in Matharealso acquired a plot in the Scheme. The MP also informed the house that Kiilu is a notorious landgrabber and urged the government to make the PC surrender the land.On November 12, the government was unable to provide the names of the original allottes of theKarura forest. Lands Minister Katana Ngala had earlier been ordered by the National AssemblySpeaker to present the names in parliament. Instead, he read out a list of 67 companies which wereallocated the land. No names were given.Mr Ngala confirmed that out of the original 1041 hectares of land in Karura Forest, only 541 wasremaining. The title deed for the remaining forest land had been deposited with the PermanentSecretary in the Ministry of Finance. The Minister was responding to a question by Kitutu MasabaMP, George Anyona (KSC). The list gave the land reference numbers but not the sizes. Some ofthe names included Fired Earth Company Ltd.. Mtaa Holding Ltd., Ballistic Missile InvestmentsLtd.. Kama agencies. Wana Investments Ltd., Cruise investments Ltd., Tol Tol Enterprises Ltd.,Bafana (EA) Ltd. among others.On November 13, Karura forest files belonging to 21 Companies allocated land illegal at Karuraforest were said to have vanished from the registrar of the companies. The fussing files contain thenames of companies read in parliament by Lands Minister Mr Noah Katana Ngala.• On November 15, tiurce businessmen identified as Lazarus Kemboi, John Kisorio and SammyBoit became the first of the 67 corporate beneficiaries of the controversial Karura forest allotmentsto step forward and identify themselves publicly. The three strenuously defended the allocationsand challenged those behind the disappearance of the company files at Registrar General 's officeto tell Kenyans what they were up to. They added that there is nothing fishy about tiuc allocation

34. Quarterly Repression Reportand whoever was hiding their files from the public scrutiny did not have their blessings. They toldthe press that through Dorca Roses Investment they acquired five acies of Land under allotmentLR No.2 1334 and sold the land to Humprey Kariuki for Shs. 15 Million but could not ascertainwhether the land had since changed hands again.• On November 16. a police staff canteen at the Nakuru Central police was said to have been grabbedby a private developer who had started construction. The canteen was demolished before the newconstruction was started.• On November 17, thirty six files out of 64 belonging to the companies given land in Karura forestwas recovered. The files did not show how much forest land each was allocated. They only showedthe purpose of the company, when it was formed and who the directors are.The 36 files showed many similarities between the companies. Many of then were registered onthe same day, some shared the directors; almost a half of them had their memoranda and articles ofassociation drawn up and pi -esented by the same Lawyer; Mr Tom Ayieko Okundi of Oraro andRachier Advocates. The files were found after a team of workers at registrar general's chamberswas put on the job. The chambers executive officer, Mr Peter Mukanzi said the department wasunder-staffed and that is why the files could not he made available readily.• On November 22, Juja MP Hon. Stephen Ndicho led villagers and leaders to barricade the entranceto a 50 acre plot they claimed was illegally acquired by a former DC.• On November 25, the high Court stopped the Police Commissioner, Duncan Wachira and threeothers. Mr. Tony Kuria, Ms Margaret Muigwe and Mr. George Muhoro from developing a 100acre piece land along the shores of Lake Naivasha which was acciuircd illegally. The family of thelate Samuel Muigai Gitwere had gone to court seeking leave to file an application for judicialreview of the decision by the Commissioner of Lands to allocate the four riparian land.DECEMBER• A group of Islamic scholars and residents of Lamu filed a suit over the decision made by theCommissioner of Lands and the Lamu County Council to allocate part of Manda Island to a Germaninvestor, Mr Joe Brunlehner. Reported on December 1.• A proposed site set aside for the construction of a secondary school in Wanjohit. Nyandarua [)istrict,was grabbed by an unnamed private investor. Reported on 1)ecember 1.• A playing ground in Buru Burn estate in Nairobi was illegally at located to an unuiained formerCity 1-Ia] I official. Reported onDecember 1.• The Minister for Lands wasasked to investigate claims thatmore than 100 public utilityplots in Nairobi were illegallyat located by his m i iii stry. Reportedon I)ecemher 2.• Land owned by the Universityof Nairobi at Upper KabeteCampus was grabbed by an un-

35 • Quarterly Repression Reportnamed senior government official. Reported on December 8.• A plot of land belonging to St. Xavier Primary School in Nakuru was illegally allocated to aprivate developer. Reported on December 16.• About 80 hectares of land belonging to the Kenya Airports Authority in Ukunda and Malindi wereillegally allocated to private developers. Reported on December 17.• A total of 3.500 acres of land belonging to the National Youth Service in Machakos was hived offand allocated to senior government officials including the Education Minister Stephen KalonzoMusyoka among others. Reported on December 19.• More than 4,000 acres of Kipipiri Forest in Nyandarua were hived off and illegally allocated toseveral unnamed developers. Reported on I)ecember 21.• A plot of land belonging to the Likoni bus terminus was illegally allocated to a private developer.Reported on December 22.• About three acres of land belonging to the Wajir County Council were illegally allocated to twoprivate developers. Reported on December 24.B. Harassment of the poor by security forces: Destructionof their property and interference withtheir livelihoodOCTOBER• Matatu owners and operators along Nairobi's Eastleigh bus route threatened to stage a demonstrationagainst traffic police officers who harassed and extorted money from matatu operators. Theyclaimed that those who refused to give the officers bribes were routinely incriminated on false andtrumped up charges. Reported on October 18.• Over 100 families were rendered homeless and 20 people arrested by administration and regularpolice forces on an alleged bandit-ridding security operation in Athailey and Modikarey areas ofGarissa District where the officers burnt at least 30 homesteads. The occupants of the homes werenot allowed to salvage any property. Reported on October 22.• On October 23, a contingent of Kirinyaga County Council askari's, armed with pangs, rungus andiron bars, demolished the house of Pastor Justus Nyamu, claiming it stood on land he did not ownalthough no warning or notice had been issued to the priest.NOVEMBER• More than 60 armed men under the protection of uniformed administration and regular policeofficers demolished shanty houses at Kamwingi area of Mathare after forcibly ejecting their occupants.Reported on November 2.

36 • Quarterly Repression Report• On November 2, matatu drivers and conductors on Nairobi's route number 23 went on strike toprotest against police harassment and extortion of bribes from them.• On November 14, Mombasa Municipal Council employees destroyed more than 50 structuresaround Kongowea market without warning the occupants.• Matatu drivers and operators in Kirinyaga District protested against harassment by police officersattached to the Karatina based Flying Squad. They claimed that the police were arresting them Ofltrumped up charges and levying heavy fines in hastily convened kangaroo courts. Reported onNovember 21.• On November 25, Monibasa Municipal Council askaris demolished nearly 1,000 kiosks outsidethe Kongowea market in a pre-dawn raid.DECEMBER• An unidentified chief in Matungulu Division of Kangundo District brutally assaulted an unnamedpeasant farmer with a knife. Reported EAS December 30. (Also cited under Police Brutality)C. Workers rightsOCTOBER• On October 7, a total of 19,165 post-primary school teachers were interdicted by the governmentof Kenya for participating in the teachers strike• On October 30, thirteen security guards formerly working for BM Security Company told a Kiheracourt that they had sacked while on strike demanding a pay raise in September 1997.• More than 1,200 quarry workers in the Ololua Forest in Ngong were laid off for demanding a wageincrease. Reported on October 30.NOVEMBER• On November 23, seventy-four employees of a Nairobi-based steel firm. Morris & Company.were suspended by the firm for participating in a workers strike.• On November 29, protesting workers from Uchumi Supermarkets demonstrating over delayedsalaries were dispersed by police officers along Nairobi's Kimathi Street.DECEMBER• On December 15, hundreds of Nairobi Cii)' Council employees marched to City 1-JaIl to protest thenon-payment of two months salaries• The Machakos KNUT branch wrote to the national union Secretary-General over the plight of tenheadteachers from Machakos District who were interdicted over the teachers strike in October andnot reinstated. Reported on December 19.

37 • Quarterly Repression ReportSection VViolence against women, sexual harassment andassaultViolence against women takes many forms: domestic violence, sexually relatedviolence, rape, sexual assault and harassment. Many women have died in thehands of men in the home, work place, colleges and refugee camps among otherplaces. Women experience this violence because of their gender. Gender basedviolence is about domination - keeping women in subordination. Unlike otherlypes of violations, gender violence is not solely perpetrated by the state. Accordingto our statistics, most of the violence against women is by close relatives whoinclude husbands, brothers and other male relatives.Section 139 of the Penal Code Cap. 63 of the Laws of Kenya defines Rape ashaving '...unlawful carnal knowledge of a woman or girl, without her consent, orwith her consent if the consent is obtained by force or by means of threats orintimidation of any kind, or by fear of bodily harm , or by means of falserepresentation as to the nature of the act, or, in the case of a married woman, bypersonating her husband. Offenders or those who attempt to commit the offenceare liable to life imprisonment, with hard labour, with or without corporalpunishment. It is therefore surprising that rapists are often given short sentencesranging between 5-14 years and not the maximum sentences. This shows theJudiciary's failure to regard rape as a 'grave" offence and one deserving of toughpunitive measures. Defilement is defined as 'having unlawful carnal knowledgeof any girl below the age of fourteen years' and is liable to imprisonment withhard labour for 14 years, together with corporal punishment. Defilement isconsidered a lesser offence under the law when you compare the punishmentsattached to each offence. Notwithstanding, having sex with under age with orwithout consent is rape and should not be coloured in the name of defilement. Itdoes not matter whether rape was against an old woman or an infant. Rape isrape and should carry stiff and uniform penalties against the offenders.Incest on the hand is defined under Section 166 as having carnal knowledge of afemale person who is to his knowledge his grand daughter, a daughter, sister ormother. The offence carries a life sentence if the victim is under 13 years, and 5years maximum sentence if the victim is above 13 years. This means the Lawconsiders an offence against a child from 14-18 years a lesser offence. This is notonly irrational but contravenes the Convention on the Rights of the Child (CRC) ofwhich Kenya is a signatory. CRC classifies children as every human being belowthe age of eighteen years and Kenyans attains majority age at eighteen years.

38 - Quarterly Repression ReportAgain, incestuous relationships should carry equal sentences irrespective of thevictim's age otherwise girl children will continue to be raped by male relatives ifthis offence attracts lighter penalties.Kenyans should lobby the government to domesticate CEDAW in order that womenmay have adequate protection of their rights. In addition, the judiciary shouldgive maximum sentences for these crimes as a first step towards reducing andfinally eradicating them.OCTOBER• Mr Mwambonje Ringa was fined Ksh 8,000 by a Malindi court after he pleaded guilty to assaulting his wife, Ms Shida Wanje. Reported on December 30.• On October 7, at least six women were raped by gangsters at gunpoint in an Embu town hotel asother patrons watched.• An unnamed woman was threatened with death and raped by a panga-wielding man, Mr JosephMama Warui, in Kerugoya, in the presence of her 11-year-old daughter. Reported on October 9.• An unidentified woman was raped by two men, Mr James Muthee Kaianja and Mr Joseph KoskeiLamani. who also violently robbed both her and her husband of their property in Nakuru. Reportedon October 10.• An unnamed woman partially lost her eyesight after she and her daughters were severely beaten bygangsters who stormed into their Nyahururu home. The woman was also forced to watch as thegangsters raped one of her daughters. Reported on October 14.• On October 14, an administration police officer, Mr Robertson Kituku, was charged in a Nanyukicourt with raping a 17-year-old girl at gunpoint.• On the same day, an elderly woman was raped by gangsters at her home in Kanjuku village inKiambu.• Two female students of Kenyatta University were abducted by seven armed car jackers alongThika Road and raped for eight hours as five other bound male hostages watched helplessly. Reportedon October 22.• A 33-year-old woman testified before a Kangundo court of her ordeal in the hands of Mr KimanziMweu who broke into her house and raped her, leaving her unconscious, even though she wasseven months pregnant at the time. Reported on October 28.• On October 29, fifty-two villagers along the Wajir-Marsabit border, most of them women, werekidnapped by Ethiopian bandits who attacked the North Eastern frontier of the Kenya - Ethiopiaborder. (Also cited under Deaths from Banditry)NOVEMBER• Mr Nick Kituku was sentenced to four years imprisonment by a Kangundo court for raping a 13-year-old girl and infecting her with a venereal disease. Reported on October 28.

39 • Quarterly Repression Report• An unnamed nurse was raped by armed gangsters who raided a Nairobi nursing home in Umojaestate. Reported on November 2.• A Kangundo chief, Mr Paul Mukuna, was arrested at Ngulani shopping centre after he attemptedto rape an unnamed woman. Reported on November 2.• On November 13, matatu touts in Kitui stripped an unidentified woman naked on the streets,alleging that she had stolen money from one of them and hidden it in her private parts.• Mr Tom Shivasi Bahati was charged in a Vihiga court with raping and sodomising a 24-year-oldwoman on November 15 at Tigoi market.• On November 11, an administration police officer, Mr David Ombogo, was charged in a VihigaCourt with raping a 24-year-old woman at Majengo market.• On November 20, Mr Nguni Nguta was sentenced to seven years imprisonment by a Mombasacourt, after he pleaded guilty to forcibly taking away his daughter from her husband and raping her.DECEMBER• Mr Edward Makornboa was sentenced to 10 years imprisonment by a Malindi court for raping a78-year-old woman. Reported on December 2.• An unidentified police officer at Ndururumo location of Laikipia District beat up a woman, strippedher naked and indecently assaulted her with his gun. Reported on December 12.• An African Israel Church pastor, Mr Kenneth Eduku, was sentenced to 21 years imprisonment bya Vihiga court for raping two women. Reported on December 15.• A female prison warder from Kingongo prison in Nyeri was raped by three men who left herunconscious. Three suspects were arrested over the incident. Reported on December 17.• An unnamed woman was raped by six men who threatened to kill her in Makadara area of Nairobi.Reported on December 18.• A 19-month-old baby girl was brutally raped and left bleeding by the banks of the Nairobi Riverby a man identified only as Mbuthia. The suspect was arrested by members of the public and takento Shauri Moyo Police station. Reported on December 22.• On December 23, Mr Cosmos Mwangi Mungai was sentenced to seven years imprisonment by aMuranga court for rape.• An unidentified man raped his son's fiancee on December 25 in Chemilil in a bid to stop his son'smarriage. According to Luo tradition, a son cannot marry a woman who has had sexual relationswith his father.• On December 29, Ms Redemta Nduku, a robbery suspect, told a Thika court that she had beenraped and tortured by seven officers from the Makuyu-based Flying Squad after they had strippedher naked, stuffed pepper and lit cigarette butts into her private parts and pinched her breasts withneedles in a bid to extract a confession from her. (Also cited under Police Brutality)

40 • Quarterly Repression ReportSection VIChild AbuseChildren by their very nature are vulnerable and trusting human beings. Thismakes them susceptible to harm and abuse and manipulation by their relatives,neighbours and strangers, among others. It is therefore very important that thefamily, society and the state, offer the necessary protection to children. The Conventionon the Rights of the Child (CRC) and the African Charter on the Rights andthe Welfare of the Child accord a special place and position to the rights andwelfare of the child. The child occupies a unique position in the African society asaffirmed by the African Charter. For the full and harmonious development of hisor her personality, the child should grow up in a family environment, in an atmosphereof love, happiness and understanding.Cases of child abuse are rising with the greatest percentage (70%), being sexualabuse. (QRR Reports, April-June 1998.) Reports indicate that children are victimsof domestic violence (child battering), prostitution, child labour, defilement, incest,forced or early marriage and other forms of harmful traditional practicessuch as Female Genital Mutilation (FGM).There are a number of international laws that protect the rights of children. However,due to little or no exposure to literature on these rights, children are notaware of the law. They thus, take their experiences as being normal and part andparcel of their lives, which should not be the case. The CRC, states that" statesshall protect children from physical or mental harm and neglect, including sexualabuse or exploitation."The Constitution of Kenya is silent on the rights of the child. In July 1995, thechildren's Bill was tabled in Parliament. It aimed at consolidating, amending andup-dating the laws that relate to children. The Bill was criticized for having loopholes.It has since been shelved. KHRC recognizes the child as a special interestgroup in urgent need of legal protection that has the best interests of the child. Asa first step the government should domesticate the CRC which it has ratified andwhich provides wide protection against violation of children's rights.

41 . Quarterly Repression ReportOCTOBER• On October 1, Mr Paul Githua Gichohi was sentenced to 12 years by a Kibera court for raping hisown 8-year-old daughter and infecting her with a venereal disease.• A head teacher, Sammy Nzioka Kyunguti defiled a Standard Seven pupil. He was arrested andcharged with the offence. However when hearing began, the investigating officer told the courtthat the had agreed to pay Ksh 20,000 to the parents as compensation. Reported on October 2.• On October 2, an unnamed herds boy was jailed for a total of 29 years by an Iten court for defilingfive children, all sisters.• A man raped his two-and-a-half-year-old daughter on September 23 at Obunga slums in Nyanza.The man was arrested upon admitting the offence, but subsequently released after his wife wasunable to raise Ksh 200 for a P3 police forni for her daughter. Reported on October 3.• A four-year-old female orphan at Manyatta estate in Kisumu was raped by a driver on September19 and infected with a venereal disease. The driver was arrested and later released without beingcharged. Reported on October 3.• A 64-year-old man, Mr Mwangi Ndirangu was found defiling a mentally unstable minor inKarindundu village in Nyeri. He was arrested by members of the public and handed over to thepolice. On October 12, he was charged with defiling the minor when he informed a Nyeri courtthat the minor had agreed to be paid Ksh 2,000 in compensation.• On the same day, Mr Vincent Luyundi was sentenced to six years imprisonment by a Kakamegacourt for defiling a primary school girl after threatening her with a knife.• A twelve-year-old boy, Peter Kimemia, sustained serious head, back and limb injuries after he wasseverely caned by his head teacher for breaking a window while playing in a school in EldamaRavine. Reported on October 13.• On October 13, a Kericho Post Bank employee was arrested for battering her 10-year-old househelp. The young girl also bore several bruises on her neck and lacerations on her private parts.• On October 15, two administration police officers, Mr Thomas Rioba and Mr Danson Kioli, werecharged in a Siaya court with defiling a 12-year-old school girl.• On October 19, Mr Gideon Onyango was sentenced to seven years imprisonment by a Muhoronicourt for defiling a minor.• An unnamed secondary school headteacher in Machakos was suspended after he was accused ofsexually molesting girl students. Reported on October 21.• A Standard Two pupil in Kilifi District was forced into marriage by her father, Mr Kahindi Karani.The area chief terminated the two-month old marriage after the girl's mother objected. Reportedon October 23.• On October 23, a 70-year-old man was charged in a Kibera court with defiling a 12-year-old girlat Madaraka Estate in Nairobi.

42. Quarterly Repression Report• On the same-day, Mr Charles Kivuli Matheka was charged in a Kibera court with indecentlyassaulting a nine-year-old girl.• The headteacher of Muuomoni Primary School in Kangundo, Mr Sammy Nzioka Kyunguti, wascharged with raping a 14-year-old girl student. Reported on October 30.NOVEMBER• On November 9, Mr John Kiama was sentenced to three years imprisonment by a Nyeri courtafter he was convicted of abducting and sexually abusing a minor and detaining her in his housefor a week.• On November 11, Mr Simon Mitosi was sentenced to five years imprisonment by a Kisii courtafter he was convicted of defiling an eight-year-old girl.• On November 12, Mr Peter Mwangi Kamau was sentenced to seven years imprisonment by aMuranga court after he was convicted of raping a 10-year-old girl.• On November 13, Mr Mazera Ruwa was sentenced to five years in prison by a Mombasa courtafter he was found guilty of attempting to defile a 13-year-old girl at Mishornoroni village.• On the same day, Mr Mathews Oresi was charged in a Kisii court with raping a secondary schoolgirl at Kisii township.• On the same day, a Standard Five pupil told an Oyugis court that her deputy head teacher, MrDana Mwaya Kodiyo, had raped her in the head teachers office where she had been sent to collectsome hooks.• On November 17, Mr Robert Kasembele, a teacher who defiled a 12-year-old pupil, was seiltencedto three years imprisonment by a Busia court.• An unnamed 70-year-old man was arrested in Karatina, Nyeri, for defiling a mentally unstable 12-year-old minor. Reported on November 22.• On November 29, a 14-year-old girl kidnapped, detained and defiled by a Kiwi businessman twomonths earlier, was rescued by Kenya 1-luman Rights Commission Monitor in Kitui. 7• A twelve-year-old boy. Peter Kimemia. sustained serious head, back and limb injuries after he wasseverely caned by his head teacher for hi -caking a window while playing in a school in EldamaRavine. Reported on October 13.DECEMBER• A Standard Six pupil was raped by a primary school head teacher and infected with a venerealdisease in Kangundo. Reported on December 2.• Five female primary school students in Kiru Education Zone of Muranga were sexually assaultedby their unnamed headteacher. Reported on I)ecember 4.• Mr Julius Kaittany was sentenced to seven years imprisonment by an Eldoret court for defiling a12-year-old girl and infecting her with a venereal disease. Reported on December 10.

43 • Quarterly Repression Report• Mr James Otara was arrested after he slashed 14-year-old Ms Teresia Njoki Njoroge several timeswith a panga in Kajiado District for allegedly refusing his sexual advances. She received injuriesto her head and arms and had her left leg fractured. Reported on December 14.• An unidentified 14-year-old Standard Seven female pupil in Kirinyaga District was married offforcibly and the marriage 'solemnised' by the area assistant chief. Reported on December 16.• On December 15, Mr Andrew Kiptanui Ng'eno was sentenced to six years imprisonment by aKericho court for defiling his 13-year-old niece.

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