An Open letter to and eleven point demand for the President and Prime minister

from Kenyan citizens and civil society organizations.Delivered through a meeting with the Prime minister on March 9, 2009 following the assassinations of Kingara Kamau and George Paul Oulu of the Oscar Foundation and a student last week.

The National Council of Churches of Kenya (NCCK) petition the prosecutor of the International Criminal Court (ICC) at the Hague to urgently try the perpetrators of the post election violence.

The Kenya Civil Society communiqué on extrajudicial killings and the state of the nation, Nairobi, March 12, 200.

The Kenya Civil Society communiqué on extrajudicial killings and the state of the nation, Nairobi, March 12, 2009

Press Release on extrajudicial killings by KNCHR:

The testimony and subsequent execution of the Bernard Kiriinya Ikunyua

Police press statement following reports attributed to the KNHCR in support of their allegations that Kenya Police engages in extrajudicial killings and arbitrary executions. February 24th, 2009.

World Bank denies Kibaki bias

The World Bank was on Wednesday struggling to reaffirm its neutrality in Kenya
following the leaking of confidential memos that provide an account of the country’s post
election crisis that appears to favour Mwai Kibaki, the president.

Statute For The Special Tribunal For Kenya

FINAL DRAFT PREPARED FOLLOWING THE MEEETING HELD ON TUESDAY 20TH
JANUARY 2009

ECK internal review workshop on the 2007 General elections. Sun and Sand Resort Hotel, North Coast – Mombasa 9^th – 13^th March 2008

Kenya National Dialogue and Reconciliation
LONGERTERM ISSUES AND SOLUTIONS: CONSTITUTIONAL REVIEW
Background

Recalling the 1st February 2008 agreement by the Parties to deal with longterm issues and solutions that may have constituted the underlying causes of the prevailing social tensions, instability and cycle of violence, and recalling the substantial discussions that have been held concerning constitutional reform over recent years, the Parties to the Kenyan National Dialogue and Reconciliation agree to the following general parameters and principles for the establishment of a constitutional review processes.

Monday, August 11, 2008 Verbatim recording of 11/8/2008 Morning Session

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
MUNICIPAL COUNCIL HALL, KISUMU
ON 11/08/2008

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. George Kegoro Secretary

http://www.marsgroupkenya.org/pdfs/2008/10/Verbartim/CIPEV_Hansard_August_11th_2008_Morning_Kisumu.pdf

(Nairobi, January 13, 2008) –

The Kenyan government should urgently and publicly order the police to stop using excessive, lethal force against public rallies, Human Rights Watch said today. Human Rights Watch urged political leaders on all sides to call on supporters to demonstrate peacefully.

Preamble:

The National Accord and Reconcilliation Act 2008

There is a crisis inn this country.The parties have come together in recognition of this crisis, and agree that a political solution is required.

Given the Ddisputed e division in the parliament and the country,neither side is able to govern withiout the other. there needs to be real power sharing to move the country forward.

I. Preamble:

Reaffirming the Goal of the National Dialogue and Reconciliation:
To ensure that the National Dialogue and Reconciliation is carried out in a continuous and sustained manner towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya, in line with the agreement between His Excellency Mwai Kibaki and Honourable Raila Odinga, as publicly announced on 24th January and reaffirmed on 29th January 2008 at County Hall in Nairobi.

The final goal of the National Dialogue and Reconciliation is to achieve sustainable
peace, stability and justice in Kenya through the rule of law and respect for human
rights.

Kenya National Dialogue and reconciliation Independent review Committee

Terms of Reference

The members of the panel of eminent African Personalities (The Panel), together with the parties to the national Dialogue and Reconcilaition:

Kenya National Dialogue and Reconcilaition

TRUTH ,JUSTICE AND RECONCILIATION COMMISSION

Background

Recalling the 14th February 2008 agreement by the parties for a Truth, Justice and Reconciliation Commission ,and in a spirit of reconciliations and national healing.

The parties to the Kenayan National Dialogue and Reconciliation agree to the folowing general paremeters and the principals for the establishment odf such a commission:

On 30 December 2007, following announcement of the presidential election results, violence broke out in several places across Kenya amid claims that the Electoral Commission of Kenya (ECK) had rigged the presidential election. Sporadic eruptions continued for many weeks, bringing death and destruction to thousands of Kenyans.

An African Unionsponsored Panel of Eminent African Personalities led by former United Nations Secretary General Kofi Annan brokered a settlement which heralded a government of national unity between the main political parties and a common commitment to urgent constitutional reform. The settlement included the appointment of two commissions, one to examine the violence and the other, the Independent Review Commission (IREC), to examine the December 2007 Kenyan elections from various perspectives.

KENYA NATIONAL DIALOGUE AND RECONCILIATION

THROUGH THE MEDIATION OF HE. KOFI A. ANNAN AND THE PANEL OF EMINENT AFRICAN PERSONALITIES

ON THE RESOLUTION OF THE POLITICAL CRISIS

ANNOTATED AGENDA AND TIMETABLE

At the fourth session held on 1 February 2008 under the chairmanship of Mr. Kofi Annan, of the panel of Eminent african Personalities, the Parties to Kenyan National Dialogue and Reconciliation on the resolution of the political crisis and its root causes,namely the Government of kenya/Party of National Unity and the Orange Democratic Movement, agreed on the following Agenda for the dialogue:

Acting Together For Kenya

Preamble:

The crisis triggered by the 2007 disputed presidential elections has brought to the surface deepseated and longstanding division within Kenyan society.If left unaddressed, these divisions threaten the very existence of Kenya as a unified country.The Kenyan people are now looking to their leaders to ensure that their country will not be lost.

Appendix C

Kenya National Security Intelligence Service (NSIS) Assessment of Presidential Election Outcomes and Consequences

Possible 2007 Presidential Elections Outcomes and consequences

Scenario 1: A Kibaki Win

PRESS STATEMENT

Nairobi, October 30: We note the rare unity of the political class in
dismissing the report of the Commission of Inquiry into the Post Election Violence
as inadequate and flawed. We also note the dismissive attitude of the police
force towards the findings of the investigation, as well as the faultfinding by the
Attorney General.

Kenya National Dialogue and Reconciliation
LongerTerm Issues and Colutions: Constitutional Review

Background

Recalling the 1st February 2008 agreement by the parties to deal with long term issues and solutions that may have constituted the underlying causes of the prevailling socila tensions, instability and cycle of violence, and recaling the substantial discussions that have been held concerning constitutional reform over recent years, the Parties to the kenyan National Dialogue and Reconciliation agree to the following general parameters and principles for the esatablishment of a constitutional review processes.

Commission of Inquiry into Post Election Violence ( CIPEV)

List of Senior Police Officers moved during or immediately after Post Election Violence

Feb 1, 2008

Preamble:

Goal:
To ensure that the National Dialogue and Reconciliation is carried out in a continuous
and sustained manner towards resolving the political crisis arising from the disputed
presidential electoral results as well as the ensuing violence in Kenya, in line with the
agreement between His Excellency Mwai Kibaki and Honourable Raila Odinga, as publicly
announced on 24th January and reaffirmed on 29th January 2008 at County Hall in
Nairobi.

Commission of Inquiry into Post Election Violence ( CIPEV)

Nyanza Province: Sample Analysis of Arms Movement Registers Showing Usage Of Arms and Ammunition For The Period Between 27/12/2007 and 17/01/2008

Kisumu Police Station

Note:

a) The armoury records for the period between 28th December and 30th December 2007 were not provided

b) The armoury records for the other dates do not show any usage apart from the two appearing below.

Public Statement

Kenya National Dialogue and Reconciliation
Mediated by H.E. Kofi Annan and the Panel of Eminent


Feb 4, 2008
Preamble:

Goal:
To ensure that the National Dialogue and Reconciliation is carried out in a continuous
and sustained manner towards resolving the political crisis arising from the disputed
presidential electoral results as well as the ensuing violence in Kenya, in line with the
agreement between His Excellency Mwai Kibaki and Honourable Raila Odinga, as publicly announced on 24th January and reaffirmed on 29th January 2008 at County Hall in Nairobi.

The final goal of the National Dialogue and Reconciliation is to achieve sustainable
peace, stability and justice in Kenya through the rule of law and respect for human
rights.

Commission of Inquiry into Post Election Violence ( CIPEV)

Specific Recommendations for the Police

1. A Comprehensive reform of the kenya Police service and Administration Police be undertaken. This reform shall be initiated immediately and shall:

Monday, August 25, 2008 Verbatim recording 25th August 2008 (Afternoon)

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 25th AUGUST, 2008 AT KICC

CORAM
Hon. Justice P. N. Waki – Chairman
Mr. G. McFadyen – Commissioner
Mr. P. Kambale – Commissioner

SECRETARY
Mr. George Kegoro

CIPEV :RECORD OF EVIDENCE TAKEN BEFORE THE CIPEV August 13th 2008 Kisumu

Wednesday, August 13, 2008 Verbatim recording of 13/8/2008

Hearing commenced at 9.00 am.

Hon. Mr. Justice Philip Waki: Good morning and welcome to our final day in Kisumu.
We will be available the rest of the day possibly up to 3.00 o’clock. If we can finish
earlier we do not mind but we are here and we want to hear whoever is ready to be
heard. We are ready to take the first witness.

Mr. David Majanja: Just recalling Witness number 90 to produce some evidence.
Commission Witness Number 90, Mr. Paul Olando. You are still on oath. You promised
the Commission certain documents; do you have the PSIC reports, minutes from which
date?

CIPEV :RECORD OF EVIDENCE TAKEN BEFORE THE CIPEV 5th August 2008 ELDORET

Tuesday, August 05, 2008 Verbatim recording of 5th August 2008 (Morning)

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT ELDORET TOWN COUNCIL HALL
ON 5/08/2008 MORNING SESSION

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. George Kegoro Secretary
Mr. David Majanja Assisting Counsel
Prof. Harun Mengech Witness

Hearing commenced at 9.00 a.m.

CIPEV :RECORD OF EVIDENCE TAKEN BEFORE THE CIPEV 5th August 2008 ELDORET Afternoon Session

Tuesday, August 05, 2008 Verbatim recording of 5th August 2008 Afternoon

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
ELDORET TOWN COUNCIL HALL ON 5/08/2008 AFTERNOON SESSION

CORAM

Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. George Kegoro Secretary
Mr. David Majanja Assisting Counsel

CIPEV :RECORD OF EVIDENCE TAKEN BEFORE THE CIPEV August 06, 2008 ELDORET Afternoon Session

Wednesday, August 06, 2008 Verbatim recording of 6/8/2008 Afternoon session

AFTERNOON SESSION 6/8/08

Hon. Mr. Justice Philip Waki: We are about half an hour late and therefore
we need to make up for it. When it comes to the turn of the Advocates again I
want to request you to be focused and relevant. I may have to give you less
than 5 minutes this time. Mr. Majanja, next Witness please.

CIPEV :RECORD OF EVIDENCE TAKEN BEFORE THE CIPEV August 06, 2008 ELDORET Morning Session A

Wednesday, August 06, 2008 Verbatim recording of 6/8/2008 Part 1

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
ELDORET TOWN COUNCIL HALL ON 6/08/2008 MORNING SESSION (PART 1)

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

CIPEV :RECORD OF EVIDENCE TAKEN BEFORE THE CIPEV August 06, 2008 ELDORET Morning Session B

Wednesday, August 06, 2008 Verbatim recording of 6/8/2008 Part 2 (Morning)

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
ELDORET TOWN COUNCIL HALL ON 6/08/2008 MORNING SESSION (PART 2)

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

CIPEV :RECORD OF EVIDENCE TAKEN BEFORE THE CIPEV August 11, 2008 ELDORET Afternoon Session

Monday, August 11, 2008 Verbatim Recording of 11/8/2008 Afternoon Session

AFTERNOON SESSION
Hon. Mr. Justice Philip Waki: The next question will come from Law Society of Kenya
(western). Mr. Onsongo, are you here? No. Can we then move on to ECK?

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

CIPEV :RECORD OF EVIDENCE TAKEN BEFORE THE CIPEV , August 07, 2008 ELDORET Afternoon Session

Thursday, August 07, 2008 Verbatim recording of 7/8/2008 (Afternoon)

AFTERNOON SESSION.

Hon. Mr. Justice Philip Waki: Let us have some order now for the last league of our
sessions in Eldoret. Mr. Majanja, could we have the next Witness?

Mr. David Majanja: My Lords, before we proceed, there is just one application I wish to
make. My Lord, yesterday we had the two Witnesses, Commission Witness No. 71,
Joseph Otieno who is the District Commissioner of Marakwet, Witness No. 72, Francis
Mutie, District Commissioner, Trans Nzoia East and Commission Witness No. 73, Seif
Idd Matata, District Commissioner Trans Nzoia West. We had to hear them in private
because of the experiences at the time and I would be making an application that their statements be made public for purposes of this Commission.

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

CIPEV :RECORD OF EVIDENCE TAKEN BEFORE THE CIPEV , August 07, 2008 ELDORET Morning session

Thursday, August 07, 2008 Verbatim recording of 7/8/2008 Morning session

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
ELDORET TOWN COUNCIL HALL ON 7/08/2008 MORNING SESSION SESSION

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro SecretaryCORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

Wednesday, August 06, 2008 Verbatim recording of 6/8/2008 Part 1

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
ELDORET TOWN COUNCIL HALL ON 6/08/2008 MORNING SESSION (PART 1)

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

Wednesday, August 13, 2008 Verbatim recording of 13/8/2008

Hearing commenced at 9.00 am.

Hon. Mr. Justice Philip Waki: Good morning and welcome to our final day in Kisumu.
We will be available the rest of the day possibly up to 3.00 o’clock. If we can finish
earlier we do not mind but we are here and we want to hear whoever is ready to be
heard. We are ready to take the first witness.

Mr. David Majanja: Just recalling Witness number 90 to produce some evidence.
Commission Witness Number 90, Mr. Paul Olando. You are still on oath. You promised
the Commission certain documents; do you have the PSIC reports, minutes from which
date?

Thursday, August 14, 2008 Verbatim recording of 14/7/2008 Afternoon Session

AFTERNOON SESSION

Hon. Mr. Justice Philip Waki: Welcome to the afternoon session of our hearings in
public. Let us see how far we can go; how many witnesses we have, Mr. Majanja. Do
we have the statement?
Mr. David Majanja: It is already there.
Hon. Mr. Justice Philip Waki: Can somebody look for those witnesses please?

Friday, August 15, 2008 Verbatim recording of 15th August 2008

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
MENYENYA SDA HIGH SCHOOL NYANSIONGO, BORABU DISTRICT ON
15/08/2008

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. George Kegoro Secretary
Mr. David Majanja Assisting Counsel
Hearing commenced at 9.00 am.

Tuesday, August 19, 2008 Verbatim recording of 19th August 2008 at KICC

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 19TH AUGUST, 2008 AT KICC
CORAM
Hon. Justice P. N. Waki – Chairman
Mr. G. McFayden – Commissioner
Mr. P. Kambale – Commissioner

Thursday, August 21, 2008 Verbatim recording of 21st August 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 21ST AUGUST, 2008 AT KICC

CORAM

Hon. Justice P. N. Waki – Chairman
Mr. G. McFadyen – Commissioner
Mr. P. Kambale – Commissioner

SECRETARY
Mr. George Kegoro

COUNSEL
Mr. D. Majanja – Counsel Assisting
At Shimba Hills Hall

Time: 09:15 a.m.

Monday, August 25, 2008 Verbatim recording for 25th August 2008 (Morning)

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 25th AUGUST, 2008 AT KICC

CORAM
Hon. Justice P. N. Waki – Chairman
Mr. G. McFadyen – Commissioner
Mr. P. Kambale – Commissioner
SECRETARY
Mr. George Kegoro
COUNSEL
Mr. D. Majanja – Counsel Assisting

At Shimba Hills Hall
Time: 9:00 a.m.

Tuesday, August 26, 2008 Verbatim recording of 26th August 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 26TH AUGUST, 2008 AT KICC

CORAM
Hon. Justice P. N. Waki – Chairman
Mr. G. McFadyen – Commissioner
Mr. P. Kambale – Commissioner
SECRETARY
Mr. George Kegoro
COUNSEL
Mr. D. Majanja – Counsel Assisting
At Shimba Hills Hall
Time: 10:10 a.m.

Wednesday, August 27, 2008 Verbatim recording of 27th August 2008.

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 27TH AUGUST, 2008 AT KICC

CORAM
Hon. Justice P. N. Waki – Chairman
Mr. G. McFadyen – Commissioner
Mr. P. Kambale – Commissioner
SECRETARY
Mr. George Kegoro
COUNSEL
Mr. D. Majanja – Counsel Assisting
At Shimba Hills Hall

Time: 2:00 p.m.

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 20TH AUGUST, 2008 AT KICC

CORAM

Hon. Justice P. N. Waki – Chairman
Mr. G. McFayden – Commissioner
Mr. P. Kambale – Commissioner

SECRETARY
Mr. George Kegoro
COUNSEL

Mr. D. Majanja – Counsel Assisting
At Shimba Hills Hall

Time: 09:10 a.m.

Monday, August 11, 2008 Verbatim Recording of 11/8/2008 Afternoon Session

AFTERNOON SESSION

Hon. Mr. Justice Philip Waki: The next question will come from Law Society of Kenya
(western). Mr. Onsongo, are you here? No. Can we then move on to ECK?
Mr. Musyoka Annan: Mr. Mugo.
Mr. Patrick Mugo: Yes, My Lord.
Mr. Musyoka Annan: You have been at your station for some time now.

http://www.marsgroupkenya.org/pdfs/2008/10/Verbartim/CIPEV_Hansard_August_11th_2008_Afternoon_Kisumu.pdf

Thursday, August 07, 2008 Verbatim recording of 7/8/2008 Morning session

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
ELDORET TOWN COUNCIL HALL ON 7/08/2008 MORNING SESSION SESSION
CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro – Secretary

Thursday, August 07, 2008 Verbatim recording of 7/8/2008 (Afternoon)

AFTERNOON SESSION.

Hon. Mr. Justice Philip Waki: Let us have some order now for the last league of our
sessions in Eldoret. Mr. Majanja, could we have the next Witness?

Mr. David Majanja: My Lords, before we proceed, there is just one application I wish to make. My Lord, yesterday we had the two Witnesses, Commission Witness No. 71,
Joseph Otieno who is the District Commissioner of Marakwet, Witness No. 72, Francis
Mutie, District Commissioner, Trans Nzoia East and Commission Witness No. 73, Seif
Idd Matata, District Commissioner Trans Nzoia West. We had to hear them in private
because of the experiences at the time and I would be making an application that their statements be made public for purposes of this Commission.

Thursday, August 14, 2008 Verbatim recording of 14/8/2008 Morning Session

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
MENYENYA SDA HIGH SCHOOL, NYANSIONGO, BORABU DISTRICT ON 14
082008
CORAM:
1. Hon. Mr. Justice Philip Waki Chair
2. Mr. Gavin McFadyen Commissioner
3. Mr. Pascal Kambale Commissioner
4. Mr. David Majanja Assisting Counsel
5. Mr. George Kegoro Secretary

Tuesday, August 12, 2008 Verbatim recording of 12/8/2008 Part 1

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT
MUNICIPAL COUNCIL HALL, KISUMU ON 12/08/2008
CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

Tuesday, August 12, 2008 Verbatim recording of 12/8/2008 Part 2

Mr. Peter Maundu: Yes, Mr. OCPD. You said that the situation that prevailed in Migori
was a difficult one. You said, in what we may call normal political balance, that this was
an ODM zone?

Mr. Edward Mwamburi: Yes, My Lords.
Mr. Peter Maundu: So any other person expressing a different view would find
themselves accosted and of course violence meted on them?

Tuesday, August 12, 2008 Verbatim recording of 12/8/2008 (Part 3)Afternoon

AFTERNOON SESSION

Hon. Mr. Justice Philip Waki: Alright. We’ll commence the afternoon with cross
examination from FIDA. Women and Children.
Mr. Peter Maundu: You said most violence that was in Kisumu town was concentrated
within basically when you may describe as the slum areas.
Mr. Simon Kiragu: My Lordships, it is not basically on slum areas because initially it
started from the town.

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT ELDORET TOWN COUNCIL HALL ON 6/08/2008 MORNING SESSION (PART 2)

Wednesday, August 06, 2008 Verbatim recording of 6/8/2008 Afternoon session

AFTERNOON SESSION 6/8/08

Thursday, July 10, 2008 Record of proceedings on 9th July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 9TH JULY 2008 AT KICCDAY 1

CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
Time: 9.00 AM

Friday, July 11, 2008 Record of proceedings on 11th July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 11TH JULY 2008 AT KICC
DAY 3

CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFayden Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Lead Counsel
SECRETARY
Mr. G. Kegoro
TIME:
9:00AM

Monday, July 14, 2008 Record of proceedings on 14th July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 14TH JULY 2008 AT KICCDAY
4
CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
Time: 9.00 AM

Tuesday, July 15, 2008 Proceedings of 15th July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 15TH JULY 2008 AT KICCDAY
5
CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
Time: 9.00 AM

Friday, July 18, 2008 Verbatim recording of 18th July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 18TH JULY 2008 AT KICCDAY
6
CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
Aberdare Hall
Time: 3.32pm

Thursday, July 17, 2008 Recording of proceedings on 17th July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 17TH JULY 2008 AT KICCDAY
7
CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFayden Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro

TIME: 9:20a.m.

Wednesday, July 23, 2008 Verbatim recording of 23rd July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 23rd JULY 2008 AT KICCDAY
11
CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
Time: 9.47 AM

Thursday, July 24, 2008 Verbatim recording of 24th July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 24TH JULY 2008 AT KICCDAY
12
CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
Aberdare Hall
Time: 9.37a.m.

Friday, July 25, 2008 Verbatim recording of 25th July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 25th JULY 2008 AT KICCDAY 13
CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
Time: 9.50 AM

Wednesday, July 16, 2008 Recordings of 16th July 2008
RECORD OF EVIDENCE TAKEN BEFORE
THE COMMISSION OF INQUIRY INTO POSTELECTION VIOLENCE (CIPEV) ON
16TH JULY 2008 AT KICCDAY 6

CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
Aberdare Hall
Time: 9.20 am

Monday, July 21, 2008 Verbatim recording of 21st July Afternoon Session

AFTERNOON SESSION

TIME : 2.37P.M.
Chairman: Mr. Annan you were on your feet
Mr. Annan: Yes My Lord Major General, as part of your intelligence collecting do you
recollect or would you confirm that there was a meeting at the old parliament buildings.

On the 5th of December between the ECK and all the political parties who were taking
part in the election .Do you recall there was such a meeting and do you confirm that the purpose of such a meeting was to harmonize how the election should be conducted.

Tuesday, July 22, 2008 Verbatim recording of 22nd July 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 22nd JULY 2008 AT KICCDAY
11

CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
ABERDARES OPEN SESSION 12.05PM.

Monday, July 28, 2008 Verbatim recording of 28/7/2008 (Second Part)

MORNING SESSION (CONTINUED)
Hon. Mr. Justice Philip Waki: Mrs. Majanja, next witness.
Mr. David Majanja: Commission Witness Number 33, Mr. Katee Lucas Mwanza, District
Commissioner.

Mr. Katee Mwanza: I swear by the Almighty God and before this Commission that the
evidence I shall give before this Commission touching the matters in question shall be the truth, the whole truth and nothing but the truth so help me God.
Mr. David Majanja: Can you tell the Commission your full name?

Monday, July 28, 2008 Verbatim recording of 28/7/08 (First PartMorning)

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT ALL
SAINTS ACK HALL, NAIVASHA ON
28/07 2008
CORAM:
1. Hon. Mr. Justice Philip Waki Chair
2. Mr. Gavin McFadyen Commissioner
3. Mr. Pascal Kambale Commissioner
4. Mr. David Majanja Assisting Counsel
5. Mr. George Kegoro Secretary

Monday, July 28, 2008 Verbatim recording of 28/7/2008 (Afternoon)

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT ALL
SAINTS ACK HALL, NAIVASHA ON
28/07 2008
CORAM:

1. Hon. Mr. Justice Philip Waki Chair
6. Mr. Gavin McFadyen Commissioner
7. Mr. Pascal Kambale Commissioner
8. Mr. David Majanja Assisting Counsel
9. Mr. George Kegoro Secretary

Monday, July 28, 2008 Verbatim recording of 28/7/2008 (Afternoon)

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT ALL
SAINTS ACK HALL, NAIVASHA ON
28/07 2008

CORAM:
1. Hon. Mr. Justice Philip Waki Chair
6. Mr. Gavin McFadyen Commissioner
7. Mr. Pascal Kambale Commissioner
8. Mr. David Majanja Assisting Counsel
9. Mr. George Kegoro Secretary

Tuesday, July 29, 2008 Verbatim recording of 29/7/2008 (Part 2 Morning)

MORNING SESSION CONT.... (PART 2)
COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT ALL
SAINTS ACK HALL, NAIVASHA ON 29/07/2008
Coram:
1. Hon. Mr. Justice Philip Waki Chair
2. Mr. Gavin McFadyen Commissioner
3. Mr. Pascal Kambale Commissioner
4. Mr. David Majanja Assisting Counsel
5. Mr. George Kegoro Secretary

Wednesday, July 30, 2008 Verbatim recording of 30th July 2008 (Morning)

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT NEW
TOWN MUNICIPAL HALL
ON 30/07/2008

CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

Wednesday, July 30, 2008 Verbatim recording of 30/7/2008 (Afternoon)

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT NEW
TOWN MUNICIPAL HALL
ON 30/07/2008
CORAM

Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

Thursday, July 31, 2008 Verbatim recording of 31/7/2008

COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE HELD AT NEW
TOWN MUNICIPAL HALL, NAKURU
ON 31/07/2008
CORAM
Hon. Mr. Justice Philip Waki Chair
Mr. Gavin McFadyen Commissioner
Mr. Pascal Kambale Commissioner
Mr. David Majanja Assisting Counsel
Mr. George Kegoro Secretary

VERBATIM RECORDING

Tuesday, September 02, 2008 Verbatim recording of 2nd September 2008
Record of Commission's proceedings as recorded on the final day of hearings on 2nd September 2008 in Mombasa.

Monday, September 01, 2008 Verbatim recording on 1st Sept. 2008 (Afternoon)
Recording of Commission's proceedings in Mombasa on 1st September 2008 (Afternoon Session)
Monday, September 01, 2008 Verbatim recording for 1st Sept. 2008 (Morning)
Recording of the Commission's public hearing in Mombasa on 1st September 2008 (Morning Session)

Wednesday, August 27, 2008 Verbatim recording of 27th August 2008.
Record of proceedings of the Commission at KICC, Nairobi on 27th August 2008
Tuesday, August 26, 2008 Verbatim recording of 26th August 2008
Record of proceedings at KICC on 26th August 2008.

Monday, August 25, 2008 Verbatim recording 25th August 2008 (Afternoon)
Record of proceedings of the Commission on 25th August 2008 at KICC, Nairobi (Afternoon session).

Monday, August 25, 2008 Verbatim recording for 25th August 2008 (Morning)
Record of proceedings of 25th August 2008 at KICC, Nairobi during the morning session.

Monday, September 01, 2008 Verbatim recording on 1st Sept. 2008 (Afternoon)

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 1ST SEPTEMBER, 2008 AT
MOMBASA

CORAM
Hon. Justice P. N. Waki – Chairman
Mr. G. McFadyen – Commissioner
Mr. P. Kambale – Commissioner

Monday, September 01, 2008 Verbatim recording for 1st Sept. 2008 (Morning)

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 1ST SEPTEMBER, 2008 AT
MOMBASA
CORAM
Hon. Justice P. N. Waki – Chairman
Mr. G. McFadyen – Commissioner
Mr. P. Kambale – Commissioner

Tuesday, September 02, 2008 Verbatim recording of 2nd September 2008

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 2nd SEPTEMBER, 2008 AT
MOMBASA

CORAM
Hon. Justice P. N. Waki – Chairman
Mr. G. McFadyen – Commissioner
Mr. P. Kambale – Commissioner

Kenya Security Intelligence Machinery (KSIM)

The KSIM consists of a number of committees that are designed to keep security issues in front of those who make the decisions at the top level through to frequent interaction between delivery agencies on the ground at the provincial and district level. The machinery is made up of the Cabinet Security Committee (CSC), the National Security Advisory Committee (NSAC), the Joint Security Intelligence Secretariat (JSIS), the Provincial Security and Intelligence Committee (PSIC) and the District Security and Intelligence Committee (DSIC).

Appendix "B"

Roles and Functions of SSAs

In Examining the various aspects of how SSAs perfomed during the PEV period the Commission found it necessary to familiarise itself with the roles and accountabilities of the keys agencies involved within the overall security structure.

Appendix "C"

Possible 2007 Presidential Elections Outcomes and Consequences

Scenario 1: A Kibaki win

A combined opposition likely to dispute the results, leading to:

• Resorting to leagl redress and possible attempts to form a parallel Governmet
• Incitement of there supporters to violence especially in major towns such as Nairobi, Mombasa, Kisumu, Eldoret and Kakamega and otehr urban areas where criminal elements could capitalize on the shanky environment to perpetuate crime.
• Spontaneous explosion/intesity of ethnic clashes mostly in traditional hotspot areas and heightened activities by criminal gangs like Mungiki, Taliban, Kamjesh, Chinkororo, SLDF and RRC.

Case Study #1

The witness is a 49 year old farmer and mother of 12 children of whom seven remain alive. She lives in kisumu. This study demonstrates the desparate personal situation that some victims have found themselves in as a result of the PEV. There also seems little followup or contact with the victim on the part of authorities. Identfying material has been removed from the original statement.

Case Study #2

This male witness is a 70 year old who gave evidence of multiple murderers killing seven members of his family , being evicted from his home, being currently an IDP and that at least one of the original perpetrators is now occupying his land.

Appendix "F"

Civilian Oversight of Police (Police Conduct)

South African Police Service Act, No. 68 Of 1995

Chapter 10 INDEPENDENT COMPLAITS DIRECTORATE

50. Establishment and Independence

50.1

a. The independent Complsint Directorate, which shall be structured at both national and provincial levels, is hereby established.

b. The date on which the provincial structures of the directorate will come into operation, shall be determined by the Executive Director in consultation with the Minister.

APPENDIX G

SENIOR POLICE OFFICERS MOVED DURING OR IMMEDIATELY AFTER POST ELECTION VIOLENCE

APPENDIX H

NYANZA PROVINCE

SAMPLE ANALYSIS OF THE ARMS MOVEMENT REGISTERS SHOWING USAGE OF ARMS AND AMMUNATION FOR THE PERIOD BETWEEN 27/12/2007 AND 17/01/2008

CHAPTER TWELVE
Impunity

Definition of Impunity

Impunity Means “exemption from punishment or loss”.433 In the international law of human rights, it refers to the failure to bring perpetrators of human rights violation to justice and, as such, itself constitutes a denial of the victims’ right to justice and redress. Impunity is especially common in countries that lack a tradition of the rule of law, suffer from corruption or that have entrenched systems of patronage, or where the judiciary is weak or members of the security forces are protected by special jurisdiction or immunities. The amended Set of
Principles for the Protection and Promotion of Human Rights Through Action to combat Impunity, submitted to the United Nations Commission on Human Rights on 8 February 2005, defines impunity as:

" the impossibility, de jure or de facto, of bringing the perpetrators of violations to account – whether in criminal, civil, administrative or disciplinary proceedings – since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found
guilty, sentenced to appropriate penalties, and to making reparations to there victims"

CHAPTER THREE
Violence in Rift Valley Province

The North Rift Region
Introduction
The North Rift region comprises the districts of Uasin Gishu, Trans Nzoia West, Trans Nzoia East, Nandi North, Nandi South, Marakwet, Keiyo, Baringo North and Baringo South. The evidence made available to the Commission in relation to those districts is examined below, but more so, in relation to Uasin Gishu and Trans Nzoia which experienced the epicentre of the post election violence in that region.

CHAPTER FOUR
Violence in Western and Nyanza Provinces

Western Province

Introduction

Western Province borders Uganda to the West, Nyanza Province to the South and
Rift Valley to the East. The province is home to the Luhya ethnic group who are
divided into various subgroups. Though the rural parts are largely
homogeneous, there are parts of the province which have settlement schemes
inhabited by people from diverse ethnic origins. The urban centres are also ethnically mixed.

CHAPTER FIVE
Violence in Nairobi, Central and Coast Provinces
Nairobi
Introduction

The City of Nairobi has through the years provided the barometer for Kenya’s
volatile politics from colonial times to the present. It began as a temporary camp
at the turn of the twentieth century upon a chance decision by George Whitehouse the engineer in charge of construction of the Uganda Railway who chose this location as the springboard for embarking on the challenging phase of laying the railway tracks across the Rift Valley. This temporary campthe most unlikely of locations by default became Kenya’s capital city and a commercial hub for the East and Horn of Africa region.

PART III
Extent and Impact of Post Election Violence

This part of the Report deals with cross cutting issues arising out of the violence
which the Commission came across in the course of its investigations. These are:
• Sexual Violence;
• Internally Displaced Persons
• The Media and the Post Election Violence
• Extent and Consequences of PEV: Figures on Deaths, Injuries and
damage to property

CHAPTER NINE
Extent and Consequences of the PostElection Violence:
Deaths, Injuries and Destruction of Property
Deaths and Injuries

Loss of life through conflict is a measure of the scale of conflict hence the need to
ascertain the number and causes of death. Further, it is a recognition that conflict is basically about human life and all else is secondary. The Commission also understood its terms of reference as requiring it to “establish the facts and circumstances surrounding the post election violence”. This means that we had to establish the number of persons who died and those who were injured as a result of the post election violence.

PART IV

Acts and Omissions of State Security Agencies and
Impunity

CHAPTER ELEVEN
State Security Agencies
Introduction
The Commission was given a special role in relation to the State Security
Agencies (SSAs) and their involvement in the Post Election Violence. Articulated
clearly in the Terms of Reference (ToRs) it was mandated to “investigate the actions or omissions of State security agencies during the course of the violence, and make recommendations as necessary.” A broad interpretation of this task was applied to include the actions of these agencies in the lead up to polling day was a necessary step to take in determining the level of preparation and planning undertaken. Also individual members, officers and employees of these agencies were considered to be within the scope of the investigation.

PART V
Recommendations

CHAPTER THIRTEEN
Recommendations
This chapter contains the Commission’s recommendations that relate to the State Security Agencies and to issues of impunity. The discussion, findings and conclusions that the recommendations are based upon are fully laid out in the preceding chapters.

Executive Summary

The mandate of the Commission of Inquiry into PostElection Violence (CIPEV) was to investigate the facts and circumstances surrounding the violence, the conduct of state security agencies in their handling of it, and to make recommendations concerning these and other matters.

PART I
OVERVIEW

CHAPTER ONE
Introduction
The Commission of Inquiry into the Post Election Violence (CIPEV) began on
23rd May 2007 with an announcement published in the Kenya Gazette Notice No.4473 vol. cxno.4. The members of the Commission as appointed were its Chair, Mr. Justice Philip Waki, a judge of Kenya’s Court of Appeal and two Commissioners, Mr. Gavin McFadyen and Mr. Pascal Kambale respectively nationals of New Zealand and the Democratic Republic of Congo respectively. Two Kenyans, Mr. David Majanja and Mr. George Kegoro, were appointed the Counsel Assisting the Commission and Commission Secretary.

PART II
THE FACTS AND SURROUNDING CIRCUMSTANCES
RELATING TO THE POST ELECTION VIOLENCE

CHAPTER TWO
PostElection Violence, 2007 – How Deep Are the Roots?3
Introduction
The main body of this Report examines the post2007 elections violence in
Kenya. This includes:
• the facts and circumstances related to the acts of violence following the
2007 presidential elections;
• the actions or omissions of State security agencies during the course of the
violence; and
• sets of recommendations concerning measures to be taken to prevent,
control, and eradicate similar violence in the future; bring to justice those responsible for criminal acts; eradicate impunity and promote national reconciliation; improve the functioning of security agencies; deal with any other legal, political and administrative matters deemed necessary; and
• make such suggestions to the Truth, Justice, and Reconciliation Commission as the Commission to Investigate PostElection Violence
(CIPEV) deems necessary.

Roles and Functions Of SSAs

In Examining the various aspects of how SSAs perfomed during the PEV period the Commission found it necessary to familiarise itself with the roles and accountabilities of the key agencies involved within the overall security structure.

MUHTASARI WA MAMBO MUHIMU

Tarehe 30 Disemba 2007, baada ya kutangazwa matokeo ya kura za rais, vurugu za utumiaji nguvu zilizuka kwenye maeneo kadha nchini Kenya huku kukiwa na madai kwamba Tume ya Uchaguzi ya Kenya (ECK) ilikuwa imetumia udanganyifu kwenye uchaguzi wa rais.

Vurugu za utumiaji nguvu za hapa na pale ziliendelea kwa majuma kadha na kusabisha vifo na uharibifu wa mali kwa maelfu ya Wakenya. Jopo la Waafrika Maarufu likifadhiliwa na Umoja wa Afrika na kuongozwa na Katibu Mkuu wa zamani wa Umoja wa Mataifa Kofi Anan lilisaidia kuleta makubaliano ambayo yaliwezesha kuundwa serikali ya mseto baina ya vyama vikuu vya kisiasa na pia kupatikana kujitolewa kwa pamoja kwa lengo la marekebisho ya katiba.

Makubaliano hayo yalikuwa ni pamoja na kuteuliwa tume mbili. Tume mojawapo ilikuwa ya kuchunguza vurugu zautumiaji nguvu na ya pili Tume Huru ya Uchunguzi, (IREC) ikapewa jukumu la kuchunguza uchaguzi wa Kenya wa 2007 kutoka mikabala mbalimbali.

Executive Summary

The mandate of the Commission of Inquiry into PostElection Violence (CIPEV) was to investigate the facts and circumstances surrounding the violence, the conduct of state security agencies in their handling of it, and to make recommendations concerning these and other matters.

Final Report Consolidated IREC

On 27 December 2007 some ten million Kenyans went to the polls in what was generally anticipated to be the most hotly contested and closerun presidential, parliamentary and civic elections in the country’s 45 years since emerging from British colonial rule. The register of voters had been swelled since the previous elections by several million new registrations, many of them young firsttime voters, and the Electoral Commission of Kenya (ECK) had doubled the number of voting stations to 27 555, arranged in some 20 000 polling centres.

The Kenya Gazette Of 11^th April 2008 Nairobi, Vol CX_NO 30

The commision of Inquiry Act (Cap 102) Rules and Procedures

This Commission of Inquiry has been convened pursuant to its appointment to inquire into all the aspects of the general election held on the 27th december,2007 in Kenya, with particular emphasis on the Presidential Election, as stated in the Kenya Gazette Notice Nos. 1982 and 1983 of march 14, 2008.

INDEPENDENT REVIEW COMMISSION: COMMISSIONERS & STAFF

List of Commissioners and Staff for the Independent Review Commission

INDEPENDENT REVIEW COMMISSION:

List of technical workshops conducted by the Independent Review Commission

INDEPENDENT REVIEW COMMISSION:

List of witnesses who testified under oath at the Independent Review Commission

INDEPENDENT REVIEW COMMISSION

An Analysis of the Constitutional and Legal Framework for the conduct of Elections in Kenya

September 2008, Nairobi

Okech Owiti Consultant

INDEPENDENT REVIEW COMMISSION:

Technical note on voter registration

INDEPENDENT REVIEW COMMISSION:

COMMENTS ON THE ANALYSIS OF TALLYING AT KICC PREPARED BY THE FIVE NATIONAL OBSERVERS

INDEPENDENT REVIEW COMMISSION (IREC)

Report on the Data analysis of the 2007 general elections results Based on sample constituencies and case studies

INDEPENDENT REVIEW COMMISSION (IREC)

note on allocation of nominated seats under proportional Representation

INDEPENDENT REVIEW COMMISSION (IREC)

List of public meetings across Kenya

INDEPENDENT REVIEW COMMISSION (IREC)

What Can Kenya Learn from Lesotho?Or: Something about Electoral Systems

Jørgen Elklit

August 23, 2008

Kenya extrajudicial killings reportannex3; list of disappearances and executions. September 2008.

Kenya extra judicial killings reportannex5; mortuary records, September 2008

Report on ExtraJudicial Killings and Disappearances by Kenya National Commission on Human Rights, September 2008.

Kenyan Elections Observers'Log:

The cost of anomalies, malpractices and illegalities noted to voters and their votes

Monday, July 21, 2008 Verbatim recording of 21st July Morning Session

RECORD OF EVIDENCE TAKEN BEFORE THE COMMISSION OF INQUIRY
INTO POSTELECTION VIOLENCE (CIPEV) ON 21ST JULY 2008 AT KICC DAY
9.
CORAM
Hon. Justice P.N. Waki Chairman
Mr. G. McFadyen Commissioner
Mr. P. Kambale Commissioner
COUNSEL
Mr. D. Majanja Counsel Assisting
SECRETARY
Mr. George Kegoro
Time: 9:50 A.M.

Letter from oblageli Katryn Ezekwesili to RBZ on Kenya Eight Brief on Elections

Whistleblowers signed statement Bernard Kiriinya statement on extrajudicial killings. 25^th June 2008.

Kenyans for Peace with Truth and Justice

Press Statement Regarding the Independent Review Commission into the 2007
General Election

Kenyans for Peace with Truth and Justice (KPTJ) notes with deep concern and disappointment the findings of the Electoral Commission of Kenya’s internal review workshop on the 2007 General Election, held in Mombasa from March 9 to 13, 2008.2

To ensure that the National Dialogue and Reconciliation is carried out in a
continuous and sustained manner towards resolving the political crisis arising from
the disputed presidential electoral results as well as the ensuing violence in Kenya, inline with the agreement between His Excellency Mwai Kibaki and Honourable RailaOdinga, as publicly announced on 24th January and reaffirmed on 29th January 2008 at County Hall in Nairobi.
The final goal of the National Dialogue and Reconciliation is to achieve sustainable peace, stability and justice in Kenya through the rule of law and respect for human rights.

Agreement by stepping forward togeter as political leaders, to overcome the current crisis and to set the country on a new path

Need to enact the National Accord and reconciliation Act 2008, whose provision have been agreed upon in their entirety by the parties

General parameters on Truth justice and Reconciliation Commission for Kenya

Guiding Principles and Composition of the Truth Justice and Reconciliation Commission.

Essential Facts about the proposed Kenya Truth Justice and Reconciliation Commission

On March 4th 2008, the Kenya National Dialogue and Reconciliation parties agreed that there should be a Truth Justice and Reconciliation Commission for Kenya in these terms:

The signing of an agreement between President Mwai Kibaki and Hon

Raila Odinga last Thursday was a historic moment. It has given a new

lease of life, injected hope and confidence to Kenyans and given the

minimum conditions for restoration of normalcy.

The scale and speed of the violence that engulfed Kenya following the controversial

presidential election of December 27, 2007 which shocked both Kenyans and the world at

large. Two months of bloodshed left over 1,000 dead and up to 500,000 internally

displaced persons in a country viewed as a bastion of economic and political

stability in a volatile region.

ACTING TOGETHER FOR KENYA

AGREEMENT ON THE PRINCIPLES OF PARTNERSHIP OF THE COALITION

GOVERNMENT

Preamble:

The crisis triggered by the 2007 disputed presidential elections has brought to the surface deepseated and longstanding divisions within Kenyan society. If left unaddressed, these divisions threaten the very existence of Kenya as a unified country. The Kenyan people are now looking to their leaders to ensure that their country will not be lost.

Kenya National Dialogue and Reconciliation
Mediated by H.E. Kofi Annan and the Panel of Eminent African Personalities 14 February 2008.

Agenda Item Three: How to Resolve the Political Crisis

Kenyan National Dialogue and Reconciliation
COMMISSION OF INQUIRY ON POSTELECTION VIOLENCE

Background
Recalling that the Parties have previously agreed to:
Identify and agree on the modalities of implementation of immediate measures aimed at:
· Ensuring the impartial, effective and expeditious investigation of gross and
systematic violations of human rights and that those found guilty are brought to
justice.

And have expressed a commitment to:
· Identification and prosecution of perpetrators of violence, including State security
agents
· Addressing issues of accountability and transparency

The Parties to the National Dialogue and Reconciliation, together with the Panel of Eminent
African Personalities (The Panel), agree to the establishment of a Commission of Inquiry on
PostElection Violence (Commission of Inquiry).

PANEL OF EMINENT AFRICAN PERSONALITIES
PRESS RELEASE

Nairobi, 21 February 2008Jean Ping, the Chairpersonelect of the African
Union Commission, this afternoon paid a courtesy call on Kofi Annan, Chair
of the Kenya National Dialogue and Reconciliation, and Benjamin Mkapa,
former President of Tanzania.

Both Annan and Mkapa, along with former South African First Lady Graça
Machel, are members of the Panel of Eminent African Personalities asked by
the African Union to assist Kenya in resolving its postelection crisis.
Mr. Ping came to extend his moral support to the Panel. He discussed with
Annan and Mkapa the recent progress made in the Dialogue and explored
further possible support that the African Union can offer to the Panel.

PANEL OF EMINENT AFRICAN PERSONALITIES
PRESS RELEASE

ANNAN DENIES “BUGGING” STORY
IN SOUTH AFRICAN PAPER
Nairobi, 7 February 2008—“Bugged?”, exclaimed Kofi Annan on being told
of the story in a South African newspaper that was picked up by some
Kenyan newspapers today. “That’s news to me.” The South African account
said that Annan was “furious”, but in fact this was the first he heard of it,
according to his spokesman Fred Eckhard.

ANNAN WELCOMES WETANG’ULA AND ORENGO TO KENYAN NATIONAL DIALOGUE TEAMS;
GRACA MACHEL AND BENJAMIN MKAPA RETURN TO NAIROBI TODAY

Nairobi, 5 November 2008—Kofi Annan, Chair of the Kenyan National
Dialogue and Reconciliation, today welcomed two additional members of
the negotiating teams. The Hon. Moses Wetang’ula, Minister of Foreign
Affairs, joins the Government/PNU (Party of National Unity) team and the
Hon. James Orengo, MP, is added to the ODM (Orange Democratic
Movement) team.

The two other members of the Panel of Eminent African Personalities
leading the National Dialogue, Graca Machel, the wife of former South
African President Nelson Mandela, and Benjamin Mkapa, the former
President of Tanzania, are scheduled to arrive back in Nairobi today to rejoin
the talks.

Kenya National Dialogue and Reconciliation Kofi Annan accepts with regret the withdrawal of Cyril Ramaphosa from Kenya talks

Kenya National Dialogue and Reconciliation, Press Statement by H.E Kofi Annan – 13^th February 2008.

Nairobi, 13 February 2008 The Panel was pleased with the open and frank
debate and leadership displayed by the Members of Parliament in the Kamukunji
Parliamentary Session yesterday. The exchange served to highlight the strong
support for the Kenya National Dialogue and Reconciliation.

Unfortunately, it appears that one of the parties may have misunderstood remarks made during the Question and Answer period in reference to the possible "grand coalition" which could oversee reforms within 2 years, followed by Presidential elections. This was discussed this morning with the parties and was clarified.

The Chairman's statement that a "grand coalition" is a possibility to manage the
reform process within a twoyear period represents his perspective on the
discussions, and does not imply a formal agreement between the two parties.
The parties continue to work constructively and are making good progress.

th February 2008.

Roundout for the press Kenyan National Dialogue and Reconciliation, 11^th February 2008;

Kofi Annan, the Chair of the Kenya National Dialogue and Reconciliation,
today invited the negotiating teams to resume discussions outside of Nairobi
with the goal of reaching agreement on the outstanding political issues in the
next 48 to 72 hours.

Kenya National Dialogue and Reconciliation
LONGERTERM ISSUES AND SOLUTIONS: CONSTITUTIONAL REVIEW

Background
Recalling the 1 February 2008 agreement by the Parties to deal with longterm
issues and solutions that may have constituted the underlying causes of
the prevailing social tensions, instability and cycle of violence, and recalling
the substantial discussions that have been held concerning constitutional
reform over recent years, the Parties to the Kenyan National Dialogue and
Reconciliation agree to the following general parameters and principles for the
establishment of a constitutional review processes.

Transcript of elements of the Press Conference by the Kenyan National Dialogiue and reconciliation. Serena Hotel, Nairobi, 1 February 2008.

Kofi Annan, as Chair of the Dialogue, read a statement summarizing the agreements

reached by the two teams on the agenda and timetable, as well as on 18 specific actions tobe taken to deal with the current violence.

Partial Transcript of a Press Conference by the Kenya National Dialogue and Reconciliation. Nairobi Serena Hotel, Monday 4 February 2008.

Partial Transcript of a Press Conference by H.E. Kofi Annan, H.E. Benjamin Mkapa and H.E. Graca Machel. Nairobi Serena Hotel, Friday 8 February 2008.

Kofi Annan, Chair of the Kenya National Dialogue and Reconciliation, and
two other members of the Panel of Eminent African Personalities, former
Tanzanian President Benjamin Mkapa and former South African First Lady
Graça Machel, went to Harambee House, Nairobi, earlier in the afternoon to
jointly brief President Mwai Kibaki and opposition leader Raila Odinga on
progress in the talks thus far. The three Panel members then spoke to the
press at the Nairobi Serena Hotel.

Kenyan National Dialogue and Reconciliation ;

Opening Statement by H.E. Kofi Annan, Press Statement, Serena Nairobi Hotel, 15^th February 2008.

Transcript of statement of US Secretary of State Condoleezza Rice with former UN Secretary General Kofi Annan. Serena Hotel, Nairobi Kenya, February 18, 2008.

Kenya National Dialogue and Reconciliation

Talking points for H.E. Kofi Annan – agreement signing event,Harambee House, Nairobi. 28^th February 2008.

Kenya National Dialogue and Reconciliation

Transcript by H.E. Kofi Annan at Harambee House, 28^th February 2008.

ANNAN: Good afternoon, Ladies and Gentlemen. Let me apologise for
keeping you waiting for so long, we had a very constructive and fruitful day
and we have come to an understanding on the coalition agreement and we
shall meet again at four O’clock and at that point will be ready to sign a
document and brief you a bit more about what has been agreed and what
went on this morning. I am not in a position to tell you anything further, all
that I can say is that we do have an agreement and will meet you at four
O’clock this afternoon. Have a good lunch. Thank you.

Transcript by H.E. Kofi Annan at Harambee House, 28th February 2008.

ANNAN: Good afternoon, Ladies and Gentlemen. Let me apologise for
keeping you waiting for so long, we had a very constructive and fruitful day
and we have come to an understanding on the coalition agreement and we
shall meet again at four O’clock and at that point will be ready to sign a
document and brief you a bit more about what has been agreed and what
went on this morning. I am not in a position to tell you anything further, all
that I can say is that we do have an agreement and will meet you at four
O’clock this afternoon. Have a good lunch. Thank you.

Summary of Points for Submission to the AU PSC

1. We sincerely thank you for:

1.1The progressive stand that the AU took on Kenya at its January 2008
Summit, which was further bolstered by the intervention of the Chair of the
AU Summit and President of Tanzania, H.E. Jakaya Kikwete.

1.2 Giving the KPTJ, and other Kenyan and African Civil Society opportunity to
engage you, including with regard to the Kenyan political and humanitarian
crisis.

Preamble:

There is a crisis in this Country. The parties have come together in recognition of this crisis, and agree that a political solution is required.

Given the disputed elections and the divisions in the parliament and the country, neither side is able to govern without the other. There needs to be real power sharing to move the country forward.

A coalition must be a partnership with commitments on both sides to govern together and push through a reform agenda for the benefit of all Kenyans.

Introduction

In February 2003, hardly a month after being sworn in, Kenya ’s President Mwai Kibaki appointed a
Commission of Inquiry into one of the largest financial scandals in Kenya ’s history. The fiddle,
popularly known in Kenya and even in international financial and donor circles simply as
‘Goldenberg’, is estimated to have cost Kenya some US $600 million in just less than three years.
This estimate is considered in some circles to be conservative; there are computations which indicate
that as much as US $1 billion could have directly and indirectly been siphoned through Goldenberg
networks.

I – INTRODUCTION

At the end of December 2007, widespread violence broke out in Kenya following the announcement
of the results of presidential elections held on 27 December. In the ensuing days, official figures stated
that over 1200 people were killed, there was massive destruction of property in some areas, and
several hundred thousand Kenyans were displaced from their communities. In addition, human rights
defenders who made Statements critical of the electoral process began receiving serious death threats.
In light of this situation, the Office of the High Commissioner for Human Rights deployed a factfinding
mission to Kenya from 628 February 2008.

Preamble:

Reaffirming the Goal of the National Dialogue and Reconciliation:

To ensure that the National Dialogue and Reconciliation is carried out in a
continuous and sustained manner towards resolving the political crisis arising from
the disputed presidential electoral results as well as the ensuing violence in Kenya, in
line with the agreement between His Excellency Mwai Kibaki and Honourable Raila
Odinga, as publicly announced on 24th January and reaffirmed on 29th January 2008
at County Hall in Nairobi.

The final goal of the National Dialogue and Reconciliation is to achieve sustainable
peace, stability and justice in Kenya through the rule of law and respect for human
rights.

World Bank Memorandum dated 30^th December 2007

Brief, prepared Colin Bruce ,Country Director World Bank in Nairobi, summarizes the outcome of Kenya's general elections which were held on December 27,2007 and updates on Bank readiness for postelection engagement with the Government.

World Bank Memorandum dated 30^th December 2007

2^nd Update

Mr. Kimunya, the Finance Minister. was returned but Mr. Kituyi, the Minister of Trade and Industry, lost.

In the last couple of hours developments have become more tense. Some international and local observers have now begun to question the validity of ECK's tally of the presidential vote while continuing to praise the handling of the voting on election day and the parliamentary count. Tensions are escalating.

Mr. Odinga has called a rally for tomorrow to be installed as the people's president. We are expecting further unrest.

World Bank Memorandum dated 1^St January 2008

3^rd Update

This update, prepared by Colin Bruce, the Country Director, covers reported violence and economic pressures; the related dispute over the presidential count; and ongoing peacemaking efforts. It draws on strictly confidential oral briefings and documents from senior UNDP officials who led donor engagement with the Electoral Commission of Kenya (ECK) and monitored the overall electoral process.

World Bank Memorandum dated 2^nd January 2008

4th Update

On behalf of Oby, please find attached the fourth update prepared by Colin Bruce our CD in Nairobi the Kenya situation as of cob today. Before the end of the day we will also send you the requested onepager on the Bank activities in Kenya and how they help address governance concerns and reflect a different way of doing business (ref. to the FT OpEd).

World Bank Memorandum dated 3^rd January 2008

5th Update

A draft Joint Statement (JS) to the nation and a more detailed private MOU were prepared today, with help from constitutional lawyers. However, there is one sticking point Odinga wants the MOU to be overseen by an international arbitrator/mediator, Kibaki does not. Several Heads of State and Foreign Ministers have so far not succeeded in securing Kibaki's agreement. Further discussions are scheduled for tomorrow at that senior political level.

World Bank Memorandum dated 4th January 2008

6th Update

Colin Bruce. our Country Director, informed us that calm is returning across Kenya, although known flash points remain, particularly in Eldoret and some of the slums in Nairobi. Today's attempt by the opposition to hold a rally fizzled out quickly after some skirmishes. Although there is a growing

perception that the protesters are getting tired and hungry, underlying tensions continue to simmer in these neighborhoods and could boil over again if the political leaders do not find a way fOlWardin the near

future.

World Bank Memorandum dated 6th January 2008

7th Update

Yesterday traffic Jams began returning to Nairobi (a positive slgnl) and further calm settled across the country. In the Rift Valley, the Red Cross is mobilizing supplies to meet the needs of over 100,000 persons (mostly Kikuyus) who have been displaced.

World Bank Memorandum dated 6th January 2008

8th Update

The Country Director reported further progress on several fronts on Sunday, although some critical issues remain unresolved.

EU Presidency statement in support of the Annan Process

Together with Kenya's international partners, the Presidency strongly supports the
efforts by the Panel of Eminent African Personalities, led by Mr Kofi Annan, to
engage Kenya's leaders in a National Dialogue in order to agree a sustainable and
consensual political solution to the crisis.

Testimony by Deputy Assistant Secretary for African Affairs James Swan

Kenya for Peace with Truth and Justice

KPTJ

RE: REQUEST FOR AUDIENCE BEFORE THE COUNCIL

Kenyans for Peace with Truth and Justice (KPTJ) is a coalition of over 70 Kenya organizations and individuals who have coalescd in the last three weeks to seek lasting solutions to the crisis taht befell Kenya in the wake of the announcement of presidential elections result.

EU Presidency statement on the Agreement by the Kenyan parties to a Coalition Government

The Presidency welcomes a powersharing agreement between Kenyan President Mwai
Kibaki and opposition leader Raila Odinga.

Letter dated 27^th February 2008 From the Attorney General of the Republic Of Kenya to Kenyans for Peace and Justice on a Criminal Complaint against the Electoral Commission of Kenya

Letter dated 30th January 2008 From the US Ambassador, Michael Ranneberger to Kenyan Ministers of Internal Security, George Saitoti and Foreign Affairs, Moses Wetangula on Human rights defenders being harassed and threatened.

AUDIT OF MEDIATION PROCESS

Last week, parties meeting under the Kenya National Dialogue and Reconciliation

initiative through the mediation of the Panel of African Eminent Personalities led

by HE Kofi Annan, agreed on a fourpoint agenda and began discussions on how

to resolve the political crisis in the country. The agreements reached so far are

commendable, and the speed with which a resolution is sought

praiseworthy.Kenyans for Peace with Truth and Justice, a consortium of human

rights and governance organisations, commends all the parties involved for the

positive steps taken so far and pledge to provide oversight over the mediation

process and its expected outcomes.

OFFICE MEMORANDUM

1. This brief, prepared Colin Bruce our Country Director in Nairobi, summarizes the
outcome of Kenya's general elections which were held on December 27,2007 and updates on Bank readiness for postelection engagement with the Government.

INTER RELIGIOUS FORUM

Press Statement

Kenya's Tough Choices

Introduction

We the Inter – Religious Forum have keenly followed the political and social developments in our country. You will recall that we have consistently communicated with Kenyans since 14th December 2007 urging for peaceful coexistence and democratic governance.

Second Update on Kenya Elections

Forwarded by Hartwig Schafer/PersonIWorld Bank on 01/08/2008 12:21

Dear Bob,

Mr. Kimunya, the Finance Minister. was returned but Mr. Kituyi, the Minister of Trade and Industry, lost.

In the last couple of hours developments have become more tense. Some international and local observers have now begun to question the validity of ECK's tally of the presidential vote while continuing to praise the handling of the voting on election day and the parliamentary count. Tensions are escalating.
Mr. Odinga has called a rally for tomorrow to be installed as the people's president. We are expecting further unrest.

Forwarded by Hartwig Schafer/Person/World Bank on 01/08/2008 12:21 PM

Third Brief on Kenya Elections

1. This update, prepared by Colin Bruce, the Country Director, covers reported violence and economic pressures; the related dispute over the presidential count; and ongoing peacemaking efforts. It draws on strictly confidential oral briefings and documents from senior UNDP officials who led donor engagement with the Electoral Commission of Kenya (ECK) and monitored the overall electoral process.

1. Kenya Elections· Sixth Update

Forwarded by Hartwig Schafer/P!31'$onJWorldBank on 01/0812008 12:31 PM

Dear Bob,

Colin Bruce. our Country Director, informed us that calm is returning across Kenya, although known flash points remain, particularly in Eldoret and some of the slums in Nairobi. Today's attempt by the opposition to hold a rally fizzled out quickly after some skirmishes. Although there is a growing perception that the protesters are getting tired and hungry, underlying tensions continue to simmer in these neighborhoods and could boil over again if the political leaders do not find a way foward in the near future.

Kenya· Fourth Update on discussions of January 2, 2008

Kenya Seventh Brief on Elections

Forwaded by Hartwig SchaferlPersonlWorfd Bank on 01/08/200811:43 AM

Dear Bob,

Yesterday traffic Jams began returning to Nairobi (a positive slgnl) and further calm settled across the country. In the Rift Valley, the Red Cross is mobilizing supplies to meet the needs of over 100,000 persons (mostly Kikuyus) who have been displaced by the "indigenous" Kalinjins aligned to Odinga.

Kenya Eighth Brief on Elections

Forwarded by Hartwig Schafer/Person/World Bank on 01/08/2008 11:43 AM

Dear Bob,

The Country Director reported further progress on several fronts on Sunday, although some critical issues remain unresolved.

CRIMINAL REPORT AGAINST THE ELECTROL COMMISSION OF KENYA

AUDIT OF MEDIATION PROCESS

Last week, parties meeting under the Kenya National Dialogue and Reconciliation
initiative through the mediation of the Panel of African Eminent Personalities led
by HE Kofi Annan, agreed on a fourpoint agenda and began discussions on how
to resolve the political crisis in the country. The agreements reached so far are
commendable, and the speed with which a resolution is sought praiseworthy.Kenyans for Peace with Truth and Justice, a consortium of human rights and governance organisations, commends all the parties involved for the positive steps taken so far and pledge to provide oversight over the mediation process and its expected outcomes.

Ambassador

Embassy of the United States of America

Nairobi, Kenya

A LETTER TO:

Hon.George Saitoti

Minister of Internal Security

Hon. Moses Wetangula

Minister of Foreign Affairs

Dear Messrs. Ministers

As you know,since the beginning of Kenya's postelection crisis, I have consistently indicated the United States Government's strong support for human rights and the rule of law. I have strongly condemned incitement to violence as a means to political ends.

HUMAN RIGHS WATCH

Hearing, “The Immediate and Underlying Causes
and Consequences of Flawed Democracy in Kenya.”

United States Senate Committee on Foreign Relations, Subcommittee
on African Affairs

Testimony of Chris AlbinLackey on Behalf of Human Rights Watch
February 7, 2008

Commissioner Michel welcomes coalition government for Kenya

European Commissioner for Development and Humanitarian Aid, Louis Michel, today
welcomed a powersharing agreement between Kenyan President Mwai Kibaki and
opposition leader Raila Odinga.

COUNCIL OF THE EUROPEAN UNION

Council Conclusions on Kenya

2851st EXTERNAL RELATIONS Council meeting
Brussels, 18 February 2008

The Council adopted the following conclusions:

"1. The Council expresses its deep concern that the violence, uncertainty and instability in Kenya continue.

1. H.E. Hon. Mwai Kibaki, The Party of National Unity
Hon. Raila Odinga, The Orange Democratic Movement

February 27, 2008
Dear Your Excellencies,

THE TIME FOR COMPROMISE AND CLOSURE IS NOW: KENYA CONTINUES TO BLEED FOR
YOUR LEADERSHIP

We the undersigned, collectively representing thousands of Kenyan CSOs in this country, jointly call on your
leadership to act now to resolve the political, social and economic crisis currently facing our beloved Kenya. This is the first time we have come together to speak with one voice.

Kenyans for Peace With Truth and Justice

RE: REQUEST FOR AUDIENCE BEFORE THE COUNCIL

Kenyans for peace with Peace Truth and Justice (KPTJ) is a coalition of over 70 Kenyan oragnization and individual who have coalesced in the last three weeks to seek ,lasting solutions to the crisis that befell Kenya in the wake of the announcement of presidential elections result.

KENYANS FOR PEACE WITH TRUTH AND JUSTICE and
THE NATIONAL CIVIL SOCIETY CONGRESS

PRELIMINARY RESPONSE TO THE MEDIATION PROCESS IN KENYA
February 7th 2008
Nairobi

The Kenyans for Peace with Truth and Justice (KPTJ) coalition and the National
Civil Society congress (NCSC) wish to reiterate their unequivocal support for the
Kofi Annanled AU and internationally backed mediation process in Kenya.
Kenyans are desperate to see an end to the nightmare that the current crisis
represents: this process represents an important, and perhaps the only remaining,
opportunity to resolve the Kenya crisis. KPTJ and NCSC also wish to restate that
real, lasting peace will only be achieved through both truth and justice with regard
to the Kenya Presidential Election of 2007, and the violence that followed it.

VIOLATING THE VOTE

A report on the 2007 General Election

Introduction

The KHRC is a national nongovernmental organization founded in 1992 with a mission to promote, protect and enhance all human rights for all people of Kenya. Inspired by Vision 2012, which seeks to create a social movement and advocacy towards a human rights state, the KHRC is currently winding down its Strategic Plan 20048, whose five strategic objectives are:

a) stimulating and/or organizing communitybased advocacy networks;

b) holding State and nonState actors accountable by ensuring that Kenya has a humanrights centred governance system;

c) strengthening the capacity of the KHRC as a leader in human rights discourse and democratic development;

d) enhancing the capacity of KHRC to learn, adopt and innovate human rights programming;

e) ensuring independent and sustainable financing. All these objectives are to be enhanced by end of this year, 2008, and fully realized in 2012

KENYANS FOR PEACE WITH TRUTH AND JUSTICE and
THE NATIONAL CIVIL SOCIETY CONGRESS

PRELIMINARY RESPONSE TO THE MEDIATION PROCESS IN KENYA
February 7th 2008

Nairobi
The Kenyans for Peace with Truth and Justice (KPTJ) coalition and the National
Civil Society congress (NCSC) wish to reiterate their unequivocal support for the
Kofi Annanled AU and internationally backed mediation process in Kenya.
Kenyans are desperate to see an end to the nightmare that the current crisis
represents: this process represents an important, and perhaps the only remaining,
opportunity to resolve the Kenya crisis. KPTJ and NCSC also wish to restate that
real, lasting peace will only be achieved through both truth and justice with regard
to the Kenya Presidential Election of 2007, and the violence that followed it.

WITNESS STATEMENT

THE HOUSE COMMITTEE ON FOREIGN AFFAIRS, SUBCOMMITTEE ON
AFRICA AND GLOBAL HEALTH,

MS. NJOKI S NDUNGU

FORMER MEMBER OF PARLIAMENT &

CEO, CENTER FOR LEGAL INFORMATION AND COMMUNICATION IN
KENYA (CLICK), a nonprofit organization dealing with policy development on
constitutional and legal reform & issues of transitional justice.

Feb 1st 2008

preamble

Goal:

To ensure that the National Dialogue and Reconciliation is carried out in a continuous and sustained manner towards resolving the political crisis from the disputed presidential electoral results as well as the ensuing violence in Kenya, in line with the agreement between His Excellency President Mwai Kibaki and Honorable Raila Odinga, as publicly announced on 24^th January and reaffirmed on 29^th January 2008 at County Hall in Nairobi

To ensure that the National Dialogue and Reconciliation is carried out in continuous and sustained manner toward resolving the political crisis arising from the disputed electoral results as well as the ensuing violence in Kenya, in line with the agreement between His Excellency Mwai Kibaki and Honorable Raila Odinga, as publicly announced on 24^th January and reaffirmed on 29^th January 2008 at County Hall in Nairobi

At the fourth session held on 1 February 2008 under the chairmanship of Mr. Kofi Annan, of the Panel of Eminent African Personalities, the parties to the Kenyan National Dialogue and Reconciliation on the resolution of the political crisis and its root causes, namely the Government Kenya/ National Unity and Orange Democratic Movement, agreed on Annotated Agenda and Timetable

Kenyan National Dialogue and Reconcialiation through the mediation of H.E Kofi Annan and thepanel of Eminent African responsibllities on the resolution of the political crisis annotated agenda and timetable.

Eng. Raila Amolo Odinga, Orange Democratic Party leader letter to H.E. Ban Ki Moon

United Nations Secretary General, during the post electon election violence.

STATEMENT by H.E. Justice Sanji Mmasenono Monageng,Chairperson of African Commission of the African Commission Human and Peoples' Rights, on the occasion of 4th Extraordinary Session of the African Commission on Human and peoples'Rights.

Banjul Republic of Gambia

The Humanitarian and Political Crisis in KenyaTestimony

Submitted to the

House Foreign Affairs Subcommittee

on Africa and Global HealthCharles Clements, M.D., M.P.H.

CEO and President

Unitarian Universalist Service Committee (UUSC)

689 Massachusetts Ave

Cambridge, MA 02139

HUMANITARIAN UPDATE vol. 6

Office of the United Nations Humanitarian Coordinator in Kenya I.

• Improvements in security lead to easing of some movement restrictions for UN staff in the field
• Assessments begin to highlight the needs of IDPs not living in camps
• Political mediation efforts continue as population awaits positive news; Kofi Annan cautions against provocative messages that could destabilize fragile negotiations

• Concerns increase about need for „winterization‟ in IDP camps as rainy season near

• Emergency volunteer scheme to promote community peacebuilding is launched in Nairobi

Ambassador

Embassy of United States of America

Nairobi,Kenya

LETTER TO:

Hon. George Saitoti

Minister For Internal Security

Mohammed Hussein Ali

Commissioner of Police

Hon. Moses Wetangula

Minister of Foreign Affairs

OFFICE MEMORANDUM

Update on Kenya Elections

This brief preopared by Collin Bruce our Country Director in Nairobi summarizes the outcome of Kenyas General Elections which were held on December 27th 2007, and updates on bank readiness for postelection engagement with the Government.

The report contains three main sectoral parts.Each containing subsectoral of each.

• The plans
• The Deeds
• The ongoing

THE PLANS

Theoretical framework:working paper

Elections monitoring and Response centre(EMRC)Goal and Objectives

mapping framework and EMRC pillars

KHRC Code of conduct

Monitors Terms of Reference

The Electoral Areas

outputs: Events and Reports

1.0 Introduction

The KHRC is a national nongovernmental organization founded in 1992 with a mission to promote, protect and enhance all human rights for all people of Kenya. Inspired by Vision 2012, which seeks to create a social movement and advocacy towards a human rights state, the KHRC is currently winding down its Strategic Plan 20048, whose five strategic objectives are:

a) stimulating and/or organizing communitybased advocacy networks;

b) holding State and nonState actors accountable by ensuring that Kenya has a humanrights centred governance system;

c) strengthening the capacity of the KHRC as a leader in human rights discourse and democratic development;

d) enhancing the capacity of KHRC to learn, adopt and innovate human rights programming; and e) ensuring independent and sustainable financing. All these objectives are to be enhanced by end of this year, 2008, and fully realized in 2012.

COUNCIL OF
THE EUROPEAN UNION

Javier SOLANA,
EU High Representative for the CFSP,
welcomes the political agreement reached in Kenya

Kenya National Commission on Human Rights, press release on Extrajudicial executions. 24^th February, 2008.

COUNCIL OF THE EUROPEAN UNION

Javier SOLANA, EU High Representative for the CFSP,
welcomes the political agreement reached in kenya

UNITED Nations

HIGHLIGHTS
 Improvements in security lead to easing of some movement restrictions for UN staff in the field
 Assessments begin to highlight the needs of IDPs not living in camps
 Political mediation efforts continue as population awaits positive news; Kofi Annan cautions against
provocative messages that could destabilize fragile negotiations
 Concerns increase about need for „winterization‟ in IDP camps as rainy season nears
 Emergency volunteer scheme to promote community peacebuilding is launched in Nairobi

At the fourth session held on 1 February 2008 under the chairmanship of Kofi A Annan, of the panel of Eminent African personalities, the parties to the Kenyan National dialogue and Reconciliation on the resolution of the political crisis and its root causes, namely Government of Kenya/ party of National Unity and the Orange Democratic Movement, agreed on the Annoted Agenda and Timetable

Police Should Protect Displaced Persons Camps

(Eldoret, January 24, 2008) – Human Rights Watch investigations indicate that, after
Kenya’s disputed elections, opposition party officials and local elders planned and
organized ethnicbased violence in the Rift Valley, Human Rights Watch said today. The
attacks, targeting mostly Kikuyu and Kisii people in and around the town of Eldoret,
could continue unless the government and opposition act to stop the violence, Human
Rights Watch said.

A TRIBUTE TO THE MAN IN BLACK

This is a tribute to the “Man In Black T Shirt”
His name we may or may not know
But that’s how he was referred to by the KTN Television network
The date was Wednesday 16th January 2008
I spent an hour sitting alone last night replaying the KTN clip in my mind
Did you see it?

statement by Kipkemoi arap Kirui, of activities that took place at the Electoral Commission of Kenya’s National Election Centre at the Kenyatta International Conference

KNCHR meets the UN High Commissioner for Human Rights, Ms. Louise
Arbour.

A team from KNCHR met with the UN High Commissioner for Human Rights Ms. Louise Arbour in
Geneva on Friday the 25th of January 2008. Hassan Omar and Anthony Kuria represented KNCHR in a
40 minute briefing to Ms. Arbour on the Human Rights situation in Kenya following the disputed
presidential election results.

European Union Election Observation Mission

The Republic of Kenya

General Elections 2007

Doubts about the credibility of Presidential election results hamper Kenya’s Democratic progress

Nairobi 1 January 2008

European Parliament resolution of 17 January 2008 on Kenya

The European Parliament,
– having regard to the preliminary statement of the European Union Election Observation
Mission (EU EOM) to Kenya of 1 January 2008,
– having regard to the Declaration by the Presidency on behalf of the European Union
concerning the African Union mediation efforts in Kenya of 11 January 2008,
– having regard to the African Charter of Human and Peoples’ Rights, 1981, and the
African Charter on Democracy, Elections and Governance, 2007,
– having regard to the African Union Declaration on the Principles Governing Democratic
Elections in Africa, 2002,

Report by the Orange Democratic Movement

on electoral fraud and malpractices committed

by the Electoral Commission of Kenya

in favour of Mwai Kibaki in the presidential elections

The Mope Charter

The need for a serious 10th parliament

The most expensive parliament in History

Iregular Back Dating of salaries and Allowance

A huge pay hike and New Allowance

Preliminary findings from the 2007 Presidential Election results by the Electoral Commission of Kenya. An analysis by Dr. David Ndii

A tribute to the man in black t shirt, a demonstrator who was shot dead by a police officer in Kisumu

By Vivek Mehta Jan 17th 2008, Mombasa

KENYANS FOR PEACE WITH TRUTH AND
JUSTICE

RE: THREATS TO THE SAFETY OF MAINA KIAI AND OTHERS

The Statement of activities that took place at Electrol Commission of Kenya's National Election Centre at the Kenyatta International Conference, Nairobi in Dec 2007. During the vote tallying exercise

The 17th January 2008 European Pariament resolution on Kenya election.

Doubts about Credibility of presidential election result in the processing and tallying of presedential results, which raises concerns about the accuracy of the final result

Opposition Officials Helped Plan Rift
Valley Violence

Police Should Protect Displaced Persons Camps

The need for Inter religious Forum working teams to respond to the out come of the results of the presedential elections and crisis that followed it

Information on threats against the chairperson of the human rights commission maina kiai.

Kenya Human Rights Commission's open questioning of the validity of the results of the recent dispated presidential elections and public call for an end to the post election violence and negotiated settlement to the present impasse.

Investigation into violation of human rights and concerns about humanitarian assistance in the wake of election

UK House of Commons Hansard of Debates

Topical debates
Kenya

Police Brutality Against the citiiiiizens of Kenya and

the recorded number of data on all human injuries country wide

The law society of Kenya expresses Concerns over the brutal kellings and rising number of displaced victims.

Eck admission on the tampered results

The need to protect the human rights to all Kenyans

Calls on political leaders to resort dialogue immediately and secure a political solution based on democratic principles and to the benefit of kenyan people and

The need upon the kenyan authorities to restore the rights of the media to work freely and right of assemby and toavoid excessive or lethal force against those demonstrating peacefully

POST ELECTION CRISIS EXORTATION TO KENYAN LEADERS

SEEK PEACE AND PURSUE IT !!

Kenyan Election Observers' Log:

The cost of anomalies,malpractices and illegalities noted to voters and their votes

Kenyan Elections Observers' Log: the cost of anomalies, malpractices and illegalities noted to voters and their votes

Kenyans for Peace with Truth and Justice (KPTJ)
Kenyan Elections Observers’ Log:

The following account is drawn from the statements of four of the five domestic election
observers1 allowed into the verification process the Electoral Commission of Kenya
(ECK) afforded political party representatives the night before the announcement of the
supposed results for the Presidency.

A tribute to the man in black T shirt who was short dead by police officer in Kisumu

By Vivek Mehta Jan 17th 2008, Mombasa

CAPF ELECTION MONITORING INITIATIVE ELECTION 2007

INTERIM REPORT ON NATIONAL VOTER BRIBERY SURVEY

Monitoring Election Campaign Finance
• Corruption related to political campaign financing poses a grave
threat to Kenya’s democratic and economic development.
• Corrupt campaign finance practices compromise the greatest asset
of democracy: the faith and support of ordinary citizens in the
political system.
• Opaque finances and undemocratic decisionmaking discourage
participation in political parties and encourage cynicism about the
prospects for reform.

CAPF ELection Monitoring Initiative

Election 2007 Interim report on national voter bribery survey

Monitoring Election Campaign Finance
• Corruption related to political campaign financing poses a grave
threat to Kenya’s democratic and economic development.
• Corrupt campaign finance practices compromise the greatest asset
of democracy: the faith and support of ordinary citizens in the
political system.
• Opaque finances and undemocratic decisionmaking discourage
participation in political parties and encourage cynicism about the
prospects for reform.
• Over the last past decade, the issue of campaign finance and
political corruption has gained increased national attention, and a
variety of CSOs and activists across the country have begun to
address the problem through public awareness campaigns, and
legislative initiatives (Political Parties Law).

Kenya 2007 Election Assistance Programme CAPF Campaign Finance Monitoring Initiativ.

Interim report on presidential campaign expenditure presented at Serena Hotel on 17^th December 2007.

Kenya 2007 Elections Assistance Programme

CAPF Campaign Finance Monitoring Initiative

Interim Report on Presidential Campaign Expenditure

Presented at Serena Hotel

on 17th December 2007

The Kenya National Commission on Human Rights (KNCHR) report on alleged executions and disappearance of persons between June and October 2007.

Electoral Commission of Kenya

1997 General Election expenses Department of police

Electoral Commission of Kenya General elections expenses department of police

Electoral Commission of Kenya – General Elections expenses – Department of Police

In the Report for 1998/99 reference was made to a sum of K£13,450,000 which was spent by the Electoral Commission of Kenya through the Police Department on provision of security, purchase of fuel and repairs of motor vehicles during the 1997 General Election.

Kenyan National Dialogue and Reconciliation
TRUTH, JUSTICE AND RECONCILIATION COMMISSION

Background
Recalling the 14 February 2008 agreement by the Parties for a Truth, Justice and
Reconciliation Commission, and in a spirit of reconciliation and national healing;
The Parties to the Kenyan National Dialogue and Reconciliation agree to the following
general parameters and principles for the establishment of such a commission: