UN Human Rights Council
THE UPR WORKING GROUP EIGHTH SESSION
Consideration of UPR Reports
Report of the UPR Working Group on Kenya
Statement by the Delegation of the United States of America
May 6, 2010
The United States welcomes the Honorable Mutua Kilonzo, Minister for Justice, National Cohesion, and Constiutional Affairs and the Kenyan delegation to the working group of the UPR. We have carefully considered the information Kenya has provided in its national report and its presentation this morning and offer the following comment and recommendations.
We are pleased that Kenya has established a police reform commission and we would be interested in learning of what progress it has made. We remain concerned that Kenya’s police continue to kill, arbitrarily arrest, and extort bribes from citizens and fail to observe the due process of law.
The United States remains concerned that the government has not fully implemented recommendations from the Commission of Inquiry and Post Election Violence, and we would also be interested in any progress the government has made in this regard. We are encouraged to hear that Parliament has passed amendments to Kenya’s Witness Protection Act that, if rigorously implemented, will improve mechanisms to protect individuals who testify against human rights abusers, and improve the prospects for successful criminal investigations. The United States encourages Parliament to pass the Witness Protection Act in its entirety.
Finally, the United States remains concerned about sexual orientation or gender identity being used to as a basis for criminal penalties, in particular, arrests, detention, or executions.
In light of these concerns, the United States makes the following recommendations:
1. That the government fully implement the proposals made by the National Task Force on Police Reforms.
2. That Government of Kenya establish an independent witness protection agency that is free of political influence.
3. That the Government of Kenya repeal all legislative provisions which criminalize sexual activity between consenting adults of the same sex.