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OO RUEHWEB

DE RUEHNR #0820/01 0511124
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O 201124Z FEB 07
FM AMEMBASSY NAIROBI
TO SECSTATE WASHDC IMMEDIATE 7598

UNCLAS NAIROBI 000820 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR G/IWI 
 
E.O. 12958: N/A 
TAGS: PREL PHUM KDEM SOCI KE
SUBJECT: KENYA NOMINATION - AWARD FOR INTERNATIONAL WOMEN 
OF COURAGE 
 
REF: STATE 12871 
 
¶1.  The Ambassador nominates for the Secretary's Award for 
International Women of Courage Kenyan Member of Parliament 
Njoki Ndung'u.  In the face of fierce opposition, Ms. 
Ndung'u, one of only 18 women MPs in Kenya, drafted and 
championed the successful passage of the Sexual Offenses Act 
¶2006.  Recognizing her as an active, effective legislator 
will give an invaluable boost to women pursuing high office 
in this critical election year in Kenya, as well as give 
much-needed inspiration to other Kenyans striving for the 
improvement of human rights in the country.  More detailed 
justification of the Ambassador's nomination is in paragraph 
¶3. 
 
Bio Data 
-------- 
 
¶2.  Name: Njoki Ndung'u 
Title: Nominated Member of Parliament 
Institution: Kenya National Assembly 
Date of Birth: 1965 
Contact Information: P.O. Box 41842, Nairobi, Kenya; 254 
722-519-482; ndungunjoki@yahoo.com 
 
Justification 
------------- 
 
¶3.  Sexual violence statistics for Kenya amply demonstrate 
the urgent need for a comprehensive law defining, 
criminalizing, consolidating, and enforcing penalties for 
sexual offenses.  An estimated 16,482 rapes occur annually, 
according to statistics from Kenyan NGOs.  This translates 
into an incidence of rape occurring every thirty minutes. 
Recognizing this grim reality, Njoki Ndung'u stepped in to 
draft a piece of legislation she knew would be controversial 
but essential for empowering the country's women.  Ndung'u, a 
nominated member of Kenya's parliament in her first term in 
the legislature, with courage and diplomatic finesse 
championed the establishment of a legal framework to 
criminalize the worst forms of sexual offense including rape, 
defilement, child pornography, sex tourism, and sexual 
harassment.  The law also provides for the much needed 
criminalization of trafficking of children and trafficking in 
persons for the purpose of sexual exploitation. 
 
¶4.  Ndung'u lobbied to get the bill moved to the top of the 
parliamentary agenda and mobilized resources for supplemental 
sessions to allow parliamentarians to gain an in-depth 
understanding of the legislation.  Although Ndung'u faced 
opposition from some of her parliamentary colleagues over 
certain provisions in the bill, she stood steadfastly by the 
principal that recognition of the serious problem of abuse 
was long overdue and that it was the responsibility of 
Kenya's elected representatives to take action.  The debate 
on the bill in parliament was heated and split sharply along 
gender lines.  While the elite male MPs debated their 
perception that the word "No" expresses a range of meanings 
in Kenyan culture, hundreds of protesters descended on 
parliament to express their support for the bill.  Notably, 
the Sexual Offenses Act was a private member's bill, rather 
than a government-sponsored one, making Ndungu's 
accomplishment even more significant. 
 
¶5.  The other prong of her strategy was to raise public 
awareness.  To better spread her message and make information 
available to the general public, Ndung'u created a website 
containing information about the history and provisions of 
the bill and statistics for sexual violence in Kenya.  She 
and other supporters traveled throughout the country 
advocating for the bill.  As a result of this popular 
pressure, a number of prominent MPs reversed their resistance 
to certain provisions, allowing for the relatively swift 
passage of the bill. 
 
¶6.  As a result of Ndung'u's sheer tenacity, on May 31, 
parliament passed the Sexual Offenses Act, and President 
Kibaki subsequently signed the bill into law.  The extensive 
media coverage of the bill and parliamentary debates 
heightened awareness of sexual offenses and brought sensitive 
subjects like sexual mores, rape, and defilement out of the 
shadows and into the public sphere.  The new provisions now 
arm law enforcement and legal officials with the authority 
and required tools to carryout community policing, 
investigations, and prosecutions.  Although there is much 
work yet to be done before the Act is fully implemented, with 
a champion like Ndung'u, Kenya can realize her vision. 
Recognizing her commitment and courage during this election 
year in Kenya, where women are still vastly underrepresented 
in senior government offices, will undoubtedly inspire more 
women to pursue the path Ndung'u blazed. 
 
 
¶7.  7. Please contact Political Officers Melissa Sweeney, 
(254) 20-363-6186, Sweeneyma@state.gov, or Viraj LeBailly, 
(254) 20-363-6184, LebaillyVM@state.gov, for matters relating 
to women's issues in Kenya. 
RANNEBERGER