Over 80 journalists, human rights activists, opposition politicians and government critics were detained for short periods during the year, many of whom were prisoners of conscience. At least two were sentenced to several months' imprisonment. Four prisoners of conscience who faced mandatory death sentences if convicted were brought to trial. At least five other possible prisoners of con-science were held on non-bailable capital charges. There were widespread reports of torture and ill-treatment of prisoners. Prison conditions were harsh. At least 30 people were killed in continuing political violence allegedly instigated by the government, many of them apparent victims of extrajudicial executions. A total of 568 people was under sentence of death by the end of the year, including at least 26 people convicted during 1994. No executions were reported. Outbreaks of political violence continued sporadically during the year, although fewer lives were lost in inter-ethnic clashes than in previous years. The government of President Daniel arap Moi was accused of instigating the violence to undermine democratic reforms and the political opposition. By the end of 1994 over 1,500 people were estimated to have been killed since the violence began in late 1991 and over 300,000 – mainly women and children – displaced. A former district commissioner, Jonah Anguka, charged with the murder in 1990 of Foreign Minister Robert Ouko was acquitted in July at the end of a lengthy trial. Following his release opposition members of parliament announced they would institute a private prosecution. However, the Attorney General refused to allow it and no further investigation into the murder had begun by the end of the year. Human rights activists, critics of the government and journalists attempting to investigate or report political violence continued to be harassed. A book critical of the authorities by former prisoner of conscience Kenneth Matiba was banned in January and several editions of newspapers carrying articles critical of the government were impounded during the year. In December the Minister for Information and Broadcasting threatened to ban the Daily Nation newspaper if it continued to publish articles critical of the government. Although opposition political parties continued to operate freely, they were prevented from functioning properly by, for example, the detention of members of parliament. There were over 56 arrests of opposition members of parliament during the year. Those arrested, many of whom were prisoners of conscience, were detained for several days or weeks and then released without charge or charged with political offences and released on bail. In many cases charges were then dropped or withdrawn after several months. Some cases were still pending before the courts at the end of the year. Members of parliament were most often arrested after attempting to hold public meetings which did not have the required official authorization. Licences to hold political meetings were frequently denied or withdrawn at the last minute by the authorities. For example, in April Joseph Mulusya, Democratic Party member of parliament for Kangundo, was arrested and charged with holding an illegal meeting. He was acquitted in December. Opposition groups, churches, women's groups and others were also prevented from holding educational seminars and workshops, even though these did not require a permit. For example, in June a seminar organized by the Kenya League of Women Voters in Kirinyaga was disrupted by heavily armed policemen who reportedly beat and detained a number of women present. Among those arrested was opposition member of parliament Martha Karua. University lecturers and doctors, who were on strike for the right to form trade unions, were also arrested and harassed during 1994. For example, Korwa Ader, a leader of the striking university lecturers, was arrested several times. Human rights activists were targeted for arrest. The executive director of the non-governmental Kenya Human Rights Commission (KHRC), Maina Kiai, was arrested with 10 others in September, following a protest march against the authorities' failure to issue identity cards to youths in Nakuru. He was later released without charge. Also in September, 14 members of the Released Political Prisoners (RPP), a non-violent group campaigning for the release of all political prisoners in Kenya, were arrested. All 14 were held incommunicado for up to six days. Over 20 journalists were arrested during the year, many of whom were prisoners of conscience. For example, in April David Njau, a journalist from the Daily Nation, was arrested and charged with sedition for an article alleging that government helicopters had been used to transport "Kalenjin warriors", members of an ethnic group who appeared to be responsible for much of the violence. The charges against him and several other journalists were dropped following a review of a number of cases of sedition and subversion by the Attorney General in June. The editor and a journalist on The People were sentenced to several months' imprisonment in June. They had been found guilty of contempt of court after an article by David Makali questioned the independence of a ruling by the Court of Appeal concerning the university lecturers' strike. The two were prisoners of conscience; they were released in September. In July one foreign journalist was deported after being held incommunicado for eight hours. In April the trial of Koigi wa Wamwere, a human rights activist and former member of parliament, and three other men began. They had been arrested in November 1993 and charged with attempted robbery with violence, which is punishable by a mandatory death sentence (see Amnesty International Report 1994). They had been charged with 11 others who were released in January. All four were prisoners of conscience. The charges against them appeared to be fabricated and the police appeared to be using false capital charges to detain non-violent critics of the government: prisoners charged with capital offences cannot get bail. At the end of the year their trial was still continuing. At least five other possible prisoners of conscience were detained on robbery with violence charges. They included Josephine Nyawira Ngengi, a member of the RPP, who was arrested in May and held illegally and incommunicado for 22 days when she was reportedly tortured. In June she was charged with a group of 18 others with robbery with violence. She and some of her co-defendants were prosecuted on two separate occasions during the year; both times the case was withdrawn by the prosecution and she was rearrested and charged with the same offence. She was still being detained at the end of the year. The same charge was brought against Geoffrey Kuria Kariuki, a former political prisoner (see Amnesty International Report 1994), who had earlier been charged with Koigi wa Wamwere, his cousin. The earlier charge against him was withdrawn and he was released on 29 January; he was rearrested in July and held incommunicado for 10 days before being charged with robbery with violence. He reportedly received serious head injuries as a result of torture but had not received any medical treatment by the end of the year. The charge against the General Secretary of the Central Organization of Trade Unionists, Joseph Mugalla, was dropped in February. He had been arrested in May 1993 after calling for a general strike, and charged with inciting disobedience to the law (see Amnesty International Report 1994). There were widespread reports of torture and ill-treatment of prisoners, including women prisoners who were reportedly subjected to beatings and sexual assaults. In June six men, charged with robbery with violence in November 1993, had the case against them dismissed when the magistrate refused to accept their confessions – which had evidently been obtained as result of torture. All six men had been whipped, forced to walk on sharp objects and had had their finger- and toe-nails removed. In December one man had his arm amputated and three others received hospital treatment after they had reportedly been suspended from trees in Nakuru National Park and beaten by the police. One possible "disappearance" was reported. Mohamed Wekessa, an Islamic Party of Kenya activist, was last seen when he was arrested on 19 August. The authorities denied that he had ever been arrested. At least 30 people were killed, many of them apparent victims of extrajudicial executions, and thousands of people fled their homes following attacks by government supporters or armed pro-government groups during the year. Incidents occurred mainly in Rift Valley Province, but also in Coast Province, where eight people were killed and 26 seriously injured in May. In January James Irungu, a hawker, was beaten to death by Nairobi City Council security personnel. By the end of the year no one had been charged in connection with his death. In August a street boy was killed by a police reservist. Following a national outcry the reservist was arrested and was charged with murder in September. The case had not gone to trial by the end of the year. Prison conditions remained extremely harsh, with severe overcrowding and frequent shortages of food, clothing, clean water and basic medication. At least 26 people were sentenced to death, mostly for actual or attempted robbery. No executions were reported. A total of 568 people were under sentence of death at the end of the year. In December an opposition member of parliament moved a motion to abolish the death penalty, which was defeated. Amnesty International criticized the government for the continued harassment and arrest of human rights activists, journalists and others. It concluded that a number of people facing criminal charges were prisoners of conscience and that robbery with violence charges were being misused to detain government critics without any right to bail. The organization published two reports calling for the release of prisoners of conscience: in July, Kenya: The Imprisonment of two prisoners of conscience – Bedan Mbugua and David Makali; and in November, Kenya: Abusive use of the law – Koigi wa Wamwere and three other prisoners of conscience on trial for their lives. Amnesty International urged the government to introduce safeguards against torture and to abolish the death penalty.

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