This week the UN Special Rapporteur, Mr. Philip Alston, has released his final report on extrajudicial, summary or arbitrary executions in Kenya.  His report states that, despite significant investigate work, no concrete steps have been taken to prosecute perpetrators of the violence after Kenya’s December 2007 election.  It also finds that both the Sabaot Land Defense Forces (SLDF) and the Kenyan government’s security forces engaged in widespread brutality in Mount Elgon, including torture and unlawful killings.  These alleged abuses have not been seriously investigated by the police or the military.  Finally, the report concludes that the police in Kenya continue to carry out extrajudicial killings and that death squads continue to exist within the police to assassinate high-profile suspected criminals.

The report makes a number of detailed recommendations for how Kenya can address these problems, beginning with the replacement of the existing Police Commissioner and a clear public order that extrajudicial killings will not be tolerated, then followed by a comprehensive reform of the police.  In addition, the report calls for the Attorney-General to resign and for the Kenyan government to take steps to reduce corruption and incompetence in the judiciary.  With regard to the post-election violence, the report calls for the Kenyan government to establish a Special Tribunal to seek accountability for persons bearing the greatest responsibility for the violence after the elections.  And with regard to the killings in Mount Elgon, the report calls on the government to immediately set up an independent commission to investigate human rights abuses, including those committed by the SLDF.

I urge the Obama administration to issue a strong response to the release of the Special Rapporteur’s final report and press for the implementation of these recommendations.  I was pleased that Assistant Secretary Carson traveled earlier this month to Nairobi as part of his first trip to Africa following his confirmation.  He met with government leaders there and delivered a strong message of concern.  This was an important step.  It must now be followed by concrete actions that both support reforms and press for individuals found guilty of killings and kleptocracy to be held accountable.  To that end, I noted with interest that the President’s budget request included increased military assistance for Kenya.  Such assistance may be justified, but before we provide it, we need to make sure that steps are being taken by the Kenyan government to investigate past abuses and stop continuing ones.  We need to ensure that U.S. taxpayer dollars do not enable a pattern of impunity in Kenya’s security forces.

For some time I have worried about the very real possibility that political instability in Kenya could worsen and that armed conflict could return if these underlying rule of law problems are not addressed.  That backsliding would be tragic, not least because Kenya is an extremely important country for the stability of the Horn of Africa and East Africa.  Moreover, it is a country with vast potential that has been and continues to be a leader on the African continent.  The United States, given our longstanding and historic partnership with Kenya must step up to the plate and work to ensure Kenya achieve its full potential.  We can begin by ensuring the UN Special Rapporteur’s report serves as a guide and a catalyst for needed reforms and renewed progress.