Kenyan Human Rights Defenders Killed in Cold Blood

Alert Issued: March 10, 2009

Oscar Kamau King'ara and John Paul Oulu have been at the forefront of the fight against killings by police in Kenya. They published unprecedented reports and advised the Kenyan Parliament on how to reform the police. Last month they met with the UN expert on extrajudicial executions. Their organization, the Oscar Foundation, is a pioneering free legal clinic that helps thousands of poor Kenyans secure their rights.

On March 5, they were driving to the National Human Rights Commission. According to reports, vehicles blocked their path; several men approached and shot them dead at point-blank range.

Such a crime needs a serious, effective investigation. Unfortunately the Kenyan police cannot be trusted, for a number of reasons:

• According to a statement by civil society groups, the driver of one of the vehicles was in police uniform.
• Just before the killings, Kenyan government spokesman Alfred Mutua accused the Oscar Foundation of being a front for a criminal group known as the Mungiki sect. This is a dangerous allegation: the Oscar Foundation has documented thousands of police killings of those suspected of being Mungiki followers.
• The police commissioner has himself been implicated in the wave of killings.
• After students began protesting, police responded with live ammunition, killing one student. Three policemen have been arrested in that shooting. Further demonstrations broke out on March 10.

Please call on the Kenyan authorities to

1. Authorize an independent investigation led by foreign experts such as the FBI, Scotland Yard, or the South African Police. The FBI has reportedly been invited to assist Kenyan investigators, however the overall investigation should be conducted by independent authorities, rather than by local police who can  easily restrict FBI access to physical evidence and witnesses.
2. Address any further demonstrations in accordance with United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials to minimize further casualties, and to effectively prosecute any illegal use of force.

Background

Read Special Rapporteur Alston's Press Release Here.

Sample Letter:

Your Excellency,

I am writing to express my deep concern about the recent killing of two officers of the Oscar Foundation Free Legal Aid Clinic, Mr. Oscar Kamau Kingara and Mr. John Paul Oulu. The two were gunned down in traffic after their way was blocked by several vehicles. According to reports, the driver of one of the vehicles used in the killing was in a police uniform.

The Oscar Foundation has been at the forefront of efforts to document a wave of extrajudicial killings. They are among the many observers, including UN Special Rapporteur Philip Alston, who have implicated the police in these killings.

The deliberate murder of human rights defenders on a Nairobi street is of enormous concern. These facts are exacerbated further by the fact that the crime came soon after the men met with the Special Rapporteur to discuss the very issue of police killings.

Also troubling is the fact that the crime took place just after government spokesman Alfred Mutua accused the Oscar Foundation of being a front for the criminal group known as the Mungiki sect. Many of the victims of extrajudicial killings in recent years have been sect members, and such an allegation could be seen as a green light to target the Oscar Foundation staff.

The official response to this crime will have repercussions for the protection of human rights in Kenya for years to come. Because the police have been implicated in extrajudicial killings in general, and this crime in particular, it is essential that the investigation be carried out by independent agency. In the Kenyan context this almost certainly must be a foreign body, such as the FBI, Scotland Yard, or the South African police. Prime Minister Odinga said on March 9 that FBI agents have been invited to assist Kenyan investigators. While welcome news, this assistance will not be effective if the investigation is under the control of the Kenyan police. And regardless of who is in charge of the inquiry, the FBI must have unrestricted access to physical evidence and witnesses.

Finally, I was also concerned to learn about the violent crackdown against student demonstrators following the fatal attack. There were reports of many shots fired by police and one gunshot fatality has been confirmed. I understand that three policemen were later arrested in connection with the student's death. Further protests broke out on March 10, and I urge you to ensure that police follow United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials by using lethal force only as a last resort to protect lives, and to see that any police abuses are prosecuted quickly and effectively.

Thank you for your attention to this urgent matter.

Sincerely,