Kenyan Election Violence Alleged Perpetrators 2008

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The PDF file holds a 54-paged scan presenting an excerpt of a report published by the Kenya National Commission on Human Rights (KNCHR) titled "On the Brink of the Precipice: A Human Rights Account of Kenya's Post-2007 Election Violence". The excerpt describes itself as having been embargoed by the Waki Commission (into the violence).

The excerpt presents Annex One, titled "Schedule of alleged Perpetrators". The summary emphasizes this being an alleged list yet hopes that the list provides a basis for further investigation through law enforcement and relevant agencies. The report has been reviewed by independent experts and commissioners during the process of compilation.

This secret and redacted list of Kenyan violence financiers, planners and perpetrators is released in the public interest.

Within minutes of the announcement at 6 pm on Sunday December 30, 2007, that Mwai Kibaki had been reelected as President of Kenya, the country, famed for its relative stability, erupted in a violent conflict in which citizens were pitted against each other on political and ethnic grounds.

Many believe to this day that the election was rigged and that President Kibaki retained power in a civilian coup at the expense of the Orange Democratic Movement Party presidential candidate, Raila Odinga. Evidence at an enquiry into the electoral process appears to bear this view out indeed a suppressed exit poll taken on Election Day (December 27th 2007) by the International Republican Institute found that Odinga would have defeated Kibaki by a margin of 6% of the vote.

Following a political settlement between Kibaki and Odinga, brokered by former United Nation Secretary General Kofi Annan, a National Accord was signed on February 28th 2008 ending most of the violence. Investigations were commenced by several State agencies and special Judicial Commissions into the causes, perpetrators and effects of the violence that resulted in the violent death of over 1,000 Kenyans at the hands of mobs, militia and state security agents including the Police and paramilitary units. By February 28th 2008, over 350,000 Kenyans were classified as internally displaced persons, living in refugee camps. In July, nearly 80,000 people according to the Kenya Red Cross were still living in camps, afraid to return to their homes.

The Kenya National Commission on Human rights (KNCHR) is the countrys lead agency with the statutory mandate to protect and promote the human rights of all individuals living in Kenya. It commenced an investigation into the character and scope of the human rights violations which happened following the December 2007 election results crisis.

In the course of the investigations, the KNCHR established the names of the alleged perpetrators and planners of the violence.

Africa Confidential of August 22nd 2008 - Vol 49 - No 17 has stated that among the alleged perpetrators named in the politically explosive investigative report are six cabinet ministers: Uhuru Kenyatta from President Mwai Kibakis Party of National Unity, Sally Kosgei, Henry Kosgey, William Ruto, Najib Balala and the late Kipkalya Kones from Prime Minister Raila Odingas Orange Democratic Movement.

The Kenya Broadcasting Corporation records that the Chair of the KNCHR, Florence Jaoko who replaced Maina Kiai in July 2008, presented the report to the Judicial Commission of Inquiry (the Waki Commission) investigating the post 2007 election violence on August 19th 2008. http://www.kbc.co.ke/story.asp?ID%3D51945

The KNCHR report also makes allegations against a bishop and several preachers, Christian and Muslim, for involvement in the violence. To substantiate its list of perpetrators, which includes 20 MPs, the KNCHR report goes into some detail about political meetings leading up to the election crisis and some held once the violence had started. It argues forcefully that at least part of the violence was well organized prior to the election.

Now politicians and journalists are taking aim at the KNCHRs report. Nairobis Daily Nation claims that an annex with the full list of names was removed at the last minute and suggests that the names of Odingas allies were removed but those of Kibakis stayed. KNCHR officials deny any such doctoring.

The KNCHR emphasizes that it is not making any conclusions that the persons mentioned are guilty. It insists that it has made every effort to ensure that the information about the named persons meets a threshold of credibility and that it has subjected the list to review by independent persons and national experts.

The Daily Nation reports that the details of how Cabinet ministers, among others, planned and promoted post-election violence can now be revealed, following a legal ruling by the Waki Commission into the mayhem that followed last years General Election.

It states that the report by the Kenya National Commission on Human Rights, which names the perpetrators, was not, in fact, subject to any order banning its publication. http://www.nation.co.ke/News/-/1056/464650/-/tk9omt/-/index.html

Categories: Leaked files | 2008 | 2008-08 | Analysis requested | Kenya | Government (bureaucracy) | Kenyan National Commission for Human Rights | English