130: Resolution on the Human Rights Situation in Kenya

The African Commission on Human and Peoples’ Rights (the African Commission), meeting at its 4th Extra-ordinary Session in Banjul, The Gambia, from 17th to 23 rd February 2008:

Pursuant to its mandate under Articles 30 and 45 of the African Charter on Human and Peoples’ Rights (the African Charter), to promote and protect human and peoples’ rights in Africa;

Takinginto account Article 46 of the African Charter which allows the Commission to use any appropriate method of investigation in the execution of its mandate;

Considering that the Republic of Kenya is a party to the African Charter, and has thereunder committed itself to the promotion and protection of human and peoples’ rights;

Considering further that, at the 41st Ordinary Session of the African Commission, held in Accra, Ghana from 16 to 30 May 2007, the Republic of Kenya submitted its Periodic Report in accordance with Article 62 of the African Charter in which it indicated the legislative and other measures taken to give effect to the African Charter in Kenya;

Recalling the Concluding Observations adopted by the African Commission pursuant to the examination of the said Periodic Report of Kenya;

Deeply concerned by the violence that followed the December 2007 Presidential and Legislative Elections in Kenya, and the deteriorating human rights situation resulting therefrom;

Welcoming the cessation of violence and the ongoing dialogue between the Government and the Orange Democratic Movement (ODM) facilitated by the African Union (AU) Envoy, the former United Nations Secretary General, H.E.Koffi Attah Annan;

The African Commission:

Adopted, this 23rd day of February 2008, in Banjul, The Gambia.