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Q+A - What will violence report mean for Kenya?
05 Dec 2008 12:50:51 GMT
Source: Reuters
By Barry Moody

Dec 5 (Reuters) - A report on Kenya's bloody election crisis early this year could force major changes to the east African country's politics and end decades of impunity for unscrupulous politicians.

Below are some questions and answers on the Waki report and its potential impact on Kenyan politics:

What is the Waki report?

The 518-page report was written by a five-month commission of inquiry into the post-election violence -- the worst bloodletting in Kenya since independence from Britain. The commission was headed by Judge Philip Waki and was set up under the terms of a deal to end two months of violence following a disputed election on Dec. 27. The inquiry took extensive testimony from witnesses and victims of the violence. The peace deal also established a bloated government in which power is shared between President Mwai Kibaki and former opposition leader Raila Odinga, who is prime minister.

What did the Waki report say?

The report issued a scathing indictment of Kenya's post-independence politics and said the country was at a critical juncture, requiring deep reforms to end a cycle of impunity and the routine use of violence to resolve political disputes. Without this, it said, ethnic violence could return even more easily and Kenya could become a failed state. "Kenya needs to decide if it wishes to let violence, corruption, and powerless institutions prevail or to introduce fundamental change," it said. The Waki report described horrific details of murders inflicted by gangs from different tribes and said the violence, in which at least 1,300 people died, was spontaneous and also carefully planned, financed and organised by senior political figures and businessmen.

Why is the Waki report important politically?

Waki laid down a timetable to set up a special tribunal with strong powers to prosecute the senior figures behind the violence. But its masterstroke was to hand a sealed envelope containing the names of around 10 of these figures to former United Nations Secretary General Kofi Annan. This was an insurance policy to prevent the report being swept under the carpet like previous inquiries into political violence. If Kenya does not set up the tribunal by the end of January and start proceedings a month later, the names will be sent to the special prosecutor at the International Criminal Court (ICC) in the Hague.

What happens now?

After initial strong resistance from some supporters of both Odinga and Kibaki, most members of the government have expressed support for the tribunal, apparently preferring a domestic process to prominent Kenyans being dragged before the ICC. Parliament is scrambling to meet a Dec. 17 deadline to agree a statute setting up the tribunal. If the tribunal, which will include foreign judges and prosecutors, is successful, it will mark a watershed in Kenyan politics.

What does it say about Kenya's police?

The Waki commission issued an excoriating condemnation of Kenya's police force, accusing it of murder, gang rape and gross incompetence in reacting to the crisis. It recommended a radical reform of the force which is now being prepared by Justice Minister Martha Karua.

What is the Kriegler Commission?

Another commission set up under the terms of the peace deal -- headed by retired South African judge Johann Kriegler -- recommended the disbandment of Kenya's electoral commission, which was widely blamed for the chaos after the election that precipitated the eruption of bloodshed. Parliament has adopted the commission's report, paving the way for the creation of a new commission. (Writing by Barry Moody; Editing by Matthew Tostevin)


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RNPS IMAGES OF THE YEAR 2008 A shoe vendor waits for customers behind graffiti after post-election violence in Nairobi's Kibera slum January 19, 2008. Kenyan riot police patrolled the capital on ...



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