They found Father Kaiser's body in the Rift Valley near Nakuru, on the morning of August 24. He had been shot in the back of the head. Just the night before, the Mill Hill priest from Minnesota had told his fellow priests that he feared for his life. Now, an anonymous call to Bishop Peter Kairo of Nakuru directed the bishop to the scene, where he discovered a clumsy attempt to make Father Kaiser's death look like a suicide.

Father John Kaiser had worked for more than three decades in the dioceses of Kisii and Ngong and had gained prominence in Kenya as an advocate for justice. In recent years he had worked closely with thousands of displaced people, many of whom had had their land and property summarily taken in ethnic clashes, conflicts widely viewed as instigated by the government of President Daniel arap Moi.

The American priest's death was certainly not the first among religious leaders and others who have sought, in Kenya's hostile environment, to stand with those wananchi (the people) who have suffered most. Drawing attention to his murder is not an attempt to give him more significance than the many Kenyans who have themselves struggled and cried for justice. But his ministry, and his death, serve to focus our concern once again on Kenya, whose government's abuses have often been downplayed by the United States on the grounds that, comparatively, Kenya is seen as far better than her neighbors.

This perception has changed somewhat, but the service Kenya has provided over the years - for international humanitarian relief for Ethiopia, for helping out in the cruel aftermath of Idi Amin in Uganda, for supporting Rwanda and the Sudan; its willingness to welcome the U.S. military during Indian Ocean and Persian Gulf operations and its embrace of the dominant theme in U.S. policy, the free market economy; as well as its reputation for being a magnet for a whole range of international gatherings, including its being the headquarters of the U.N. Environment Programme - all have worked in the Moi regime's favor. When the U.S. government looks at Africa, it does not put Kenya high on its list for criticism about failing to honor democracy and justice.

If one approaches African foreign policy with a triage mentality, it is understandable. The crisis in the Congo, for example, and the civil wars in the Sudan and Sierra Leone, cry out for more attention. But Kenya's struggles clearly merit a response. From the long tradition of friendly relations between an independent Kenya and the United States, if not from the standpoint of justice alone, Kenya's problems and the Moi regime's failures should concern us very much. And Father Kaiser's murder has pointed us, once again, to the corruption and injustice that is Kenya today.

Political Clashes

The backdrop to all of this can reasonably be traced to the beginning of the 1990s, when pro-democracy forces, both Kenyan and international, ultimately secured their immediate goal; constitutional changes that restored Kenya to a multi-party democracy. Very reluctantly, Moi's KANU political party then had to contend with opposition parties and candidates in the elections of 1992. Kenya's impressive democracy movement disintegrated into internal squabbles. It is widely believed that Moi's government set out to disrupt their opponents by fomenting violence.

The natural place for it to happen was in the Rift Valley. A magnificent swath of land stretching more than 30 miles wide (part of the grand ancient splitting of continents running from Middle East to southern Africa), the Rift was home to a diverse population.

The Kikuyu - the ethnic group most identified with the opposition - had moved into the Rift Valley throughout the last century. They became natural targets for government supporters, who drove them from their farms, burned down their houses, wounded and sometimes killed them. Government supporters spoke of KANU zones, where - in a macabre twist to the meaning of democracy - no opposition parties were permitted. By their actions, these Moi leadership surrogates were perpetuating in the local arena a restrictive one-party rule, even as Moi was declaring to international skeptics that Kenya was now a multi-party state.

This violence - what the government called ethnic clashes - continued well past the 1992 elections, in which Moi and KANU retained power. Finally the violence of 1991-1994 waned, only to be renewed once again in 1998, shortly after the elections of 1997.

Despite these abuses and rampant corruption, the international community slipped back into its lethargy about conditions in Kenya, where wananchi continued to suffer under what the organization Article 19 calls informal repression:

• A campaign opponent might not get a permit for a rally;
• A gathering critical of the government might be cancelled at the last moment (with police sent in to aggressively enforce the decision);
  
• Journalists might be beaten;
  
• Religious leaders, finding their prophetic voice, might be warned of consequences for their political meddling.

And President Moi, largely indifferent to international opinion, regularly reminded the people that if their district or province or ethnic group supported the opposition, then they could expect no benefits from him, a man who had claimed to be the president of all Kenyans. Informal repression indeed.

Constitutional Reform

Kenya faces many challenges, not all of Moi's making. The drought last year, for example, has been devastating. Still, always at the center is a government with little inclination to respect the rights of others and little capacity to address critical questions about infrastructure, economic development, health care, education, corruption and governance itself.

The constitutional reform process is a case in point. Pressure for such reform has been mounting for years. Finally, in 1997, Parliament passed the Constitution Review Act, which required that Moi appoint a commission to consult with civil society and make non-binding recommendations. The commission actually made progress, developing provisions for involving opposition leaders and consulting with the public.

Issues of presidential succession, land, and what is called majimboism - a form of federation that would be ethnic in nature and diminish power at the center - have dominated the substantive debate. Still, the commission and process are widely seen as lacking credibility. The Kenyan government's response to criticism has been to declare those critical non-governmental organizations illegal, and to threaten de-registration. Critics were warned not to hold meetings in certain areas. And the potential veto from the Kenyan Parliament, whose legitimacy was tainted by the flawed elections of 1992 and 1997, casts a shadow over it all. Currently the government is embroiled in a leadership conflict with the parliamentary review group, which may delay the process, even though the timetable calls for completion before 2001.

Religious Community Voices

Fr. Kaiser was only one voice among many - Kenyans, expatriates and international observers - that helped to reveal Kenyan injustices. Presbyterians have a century-old history in Kenya, and students from the old mission centers of Kikuyu (outside Nairobi) and Tumu Tumu (near Mount Kenya) have been deeply involved in Kenya's political evolution.

Most recently, the Rev. Timothy Njoya, a Presbyterian minister, has prominently criticized the government, and has paid the price, physically and otherwise. The National Council of Churches in Kenya have been important voices for, among other things, essential constitutional reform. Roman Catholic leadership has also been especially strong.

So it was courageous, but not unique, when last year Fr. Kaiser accused two Cabinet members of instigating ethnic clashes, and seizing land vacated during the fighting before the 1992 elections. For these challenges, the Kenyan Law Society awarded him their human rights award this year. But the government was intolerant of such critics: his murder was the result. It was not the first: the Catholic Justice and Peace Commissioners in Kenya named five other priests and brothers killed recently. Not one killing has been explained, no investigations have been completed, no perpetrators have been named.

Like many people of faith who work for justice, Fr. Kaiser did not seek out this role. It was where he found himself. As a parish priest in Lolgorian, he had heard stories from his parishioners, had witnessed people being driven from their land, and these things had energized him.

"If this murder is a message given to the church," the Papal Nuncio of Kenya declared at the funeral, "let it be said that the church, at any cost, will not remain silent in front of violations of the law of God and of the most sacred human rights."

That will surely be true. But for the moment the murder investigation is not moving Kenyans toward a just society. Africanews, based in Nairobi, argued in November that the joint Kenya-FBI inquiries have not been encouraging. Kenya's major newspaper, the Daily Nation, regularly runs stories suggesting that investigators are considering the dubious suicide theory. There is still no explanation as to why the head of Nakuru's police reported that before Fr. Kaiser was murdered, he was forced to kneel and pray. How would they know? The conclusions of the FBI may be forthcoming; reportedly, investigators recently returned to the U.S. with forensic evidence to analyze.
The ramifications of these conflicts on U.S.- Kenyan relations are beginning to emerge, and the advocacy direction for people of faith to take about Kenya is being defined. In September Rep. Lantos (D-CA), who chairs the Congressional Human Rights Caucus, introduced a concurrent resolution, H. Con. Res. 410. The Senate passed S. Con. Res. 146, introduced by Rod Grams and Paul Wellstone (MN). It condemns the murder of Father Kaiser and others working for justice in Kenya, and calls for an investigation. The Senate version passed unanimously in October.

The resolution places the murder of Fr. Kaiser in the context of "hostile acts against Kenyan civil society." It notes Kenyan-based criticisms of their government's human rights record, and calls for "international support and solidarity" with human rights there.

Please write to your Members of Congress and thank them for passing the concurrent resolution. Encourage them to be aware of and concerned about the constitutional review process. Insist on input from Kenyan civil society, so that President Moi does not bottle up the review commission within his government and Parliament. Encourage the U.S. government to look more critically at Moi's political abuses. Perhaps in time the people of this beautiful land can see a hope that is not yet there.

For a look at Kenya's most respected and independent daily newspaper, the Daily Nation, go to www.nationaudio.com/News/DailyNation. The thoughtful weekly paper from the Nation Group, the East African, can be found at www.nationaudio.com/News/EastAfrican.

For further information about the advocacy ministry of the Washington Office on Africa, of which the Presbyterian Church (USA) is a sponsoring organization, go to their website www.woaafrica.org, or call 202-547-7503.

For news about the investigation of Fr. Kaiser's murder and the resolution, call the Maryknoll Office for Global Concerns, 202-756-4933.

For the concurrent resolution, click on proposed legislation on the Washington Office on Africa's web page, and enter "S Con Res 146" on the Thomas search mechanism.

From the Presbyterian Social Witness Policy Compilation

1983 Statement: [O]ur church has a responsibility to address those situations in which practices and policies of the U.S. or of American-based interests have a direct impact on what is happening and in which, therefore, the responsibilities weigh heavily on us because of our own involvement. Most often this occurs when the U.S. through its military and economic aid practices strengthens or supports regimes in power where the human rights violations are endemic, arguing that strategic (i.e. military) or economic interest are at stake....Under such circumstances, concern for human rights requires the vigilant attention of the church, not only because of our belief that all persons are created in the image of God but also because the deprivation of one human life eventually diminishes us all.