Press Releases:

December 19, 2008

Kenya: ICTJ supports Special Tribunal on post-election violence

The International Center for Transitional Justice welcomes the decision this week by Kenya's coalition government to establish a Special Tribunal for crimes related to the violence following December 2007 elections.

"The agreement is a significant step toward ending the culture of impunity in Kenya," said Suliman Baldo, director of ICTJ's Africa Program. "It further strengthens efforts that began at the start of the year to address the cycle of human rights violations, abuse of power and misuse of public office in Kenya."

The Dec. 17 agreement is the first step toward implementing the recommendations of the Commission of Inquiry into Post-Election Violence, commonly known as the Waki Commission. The commission investigated the facts surrounding the post-election violence that began in December 2007. (Read ICTJ's backgrounder on the Commission here.)

For the Special Tribunal to succeed, it must meet international standards and incorporate best practices from previous tribunals, including independence, an impartial process to select judges and the chief prosecutor, and a detailed investigation procedure that ensures fairness.

"In a country where there has been a history of suspicion against the justice system, it is imperative that public confidence be quickly restored," said ICTJ Cape Town office director Comfort Ero. "This process must be seen to be free from political interference, otherwise it will be perceived as a witch-hunt or an attempt to remove political opponents."

ICTJ also commends the coalition government for its commitment to suspend those accused of election-related crimes from public office until their cases are settled, and to bar those convicted from public office permanently.

One key weakness of the agreement, however, is its treatment of police reform. The agreement appears to overlook the Waki recommendation to integrate the Administration Police into the Kenya Police Service.

Given that many senior police officers in the Administration Police are not law enforcement professionals, and that the Administration Police is perceived to be highly politicized and close to the presidency, ICTJ urges the government to create a combined police service that operates under the single command of the Commissioner of Police and is free from executive influence. ICTJ also calls on the coalition government to set a specific timeline to achieve these reforms as a critical step in restoring public confidence in the security sector.

After the disappointing action of President Mwai Kibaki in signing into law a truth, justice and reconciliation commission that allows for an inappropriate and unnecessary amnesty mechanism, it is encouraging that the government is committed to a measure of accountability through the Special Tribunal and police reform. This accountability will enhance prospects for national healing and reconciliation.

Contacts

Comfort Ero
Director, ICTJ South Africa Office
International Center for Transitional Justice
Tel: +27 (0) 21 674 0448
comfortero@ictj.org.za

Stephen Boykewich
ICTJ Communications Associate
Tel: +1 917 637 3847
Mob: +1 917 602 0084
sboykewich@ictj.org