TNAG-0652-FCO40-801-Planning-Staff-papers-on-human-rights-and-foreign-policy-cou-1977 — Page 119

KENYA (continued)

CONFIDENTIAL

Right No.

(v)

(vi)

(vii)

Rating suggested by Post

Previously Kenyan Courts maintained a high degree of independence, but there are signs that this is declining and that on political cases the Courts (especially the Lower Courts) wish primarily to avoid a clash with the Government. There is concern that Ministers and other influential persons use judicial or administrative pro- cedures to delay or prevent an unwelcome case coming to Court, or per contra to bring a case against a political personality when a charge might not result from normal processes. Whilst generally the Law is administered with a considerable degree of objectivity, there is suspecion that, in cases involving political personalities, the sentence is sometimes unduly harsh.

Comment by East African Dept

This seems a little hard. We would give a rating of 2.

Regular wage earners enjoy standards well above the bulk of the population engaged in subsistence farming and there is large-scale unemployment and under- employment. In the circumstances, whilst Unions are generally free to pursue issues affecting their members, there is not much scope for strong Union action. The Government, which tries to influence the selection of "establishment" figures as Union leaders, controls the timing of Union elections, and also the freedom to strike (by insisting that disputes go before the Industrial Court).

Comment by East African Dept

The rating seems harsh. We would suggest

2.

There is virtually total freedom to emigrate.

+

4

CONFIDENTIAL