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ICTJ Activity

The intense violence and political unrest that threatened to destabilize Kenya following its contested presidential elections in late December 2007 led to a round of negotiations, known as the Kenya National Dialogue and Reconciliation, beginning in late January 2008. Brokered by the African Union's Panel of Eminent African Personalities, chaired by former UN Secretary-General Kofi Annan, the negotiations have produced terms for a coalition government, cessation of most violence, and agreements to establish several bodies of inquiry. These include a Commission of Inquiry on Post-election Violence (CoI), a Truth, Justice, and Reconciliation Commission (TJRC), and the Independent Review Commission on the Elections. 

Some members of Kenya's civil society proposed the idea of a truth-telling process following the transition in 2002-2003, when the ICTJ began building contacts with partners in the country. Those efforts did not result in a truth commission at the time, but the ICTJ has maintained relationships with Kenyan actors and has continued to provide input on other transitional justice initiatives, particularly those related to institutional reform. At the height of Kenya's crisis in mid-January 2008 the ICTJ supported the efforts of Kenyan colleagues to advocate for an international response to the situation by meeting with Kenyan NGO representatives who were visiting Cape Town, Geneva, and New York. The ICTJ organized advocacy forums for them to reach out to UN policy-makers in New York. As it became clear that Kenyans were again considering a truth commission, the ICTJ informed Kenyan stakeholders in late January about international standards for bodies of this nature in light of its experience with truth commissions worldwide.

In late February the ICTJ was invited to advise the Annan panel on the TJRC and other transitional justice matters. Priscilla Hayner, director of the ICTJ's Geneva office and the Peace and Justice Program, traveled to Nairobi to provide support and advice to the panel on the establishment of the TJRC and CoI. She consulted with local civil-society partners and others before making her recommendations to the panel. She also received technical assistance from ICTJ colleagues in New York and Brussels.

Since the agreements were completed on March 4, 2008, the ICTJ has continued to provide input to actors involved in Kenya's transition by suggesting names of possible commissioners of both bodies, making comments on a draft TJRC bill, and providing information and material resources to partners in civil society. In addition, ICTJ staff traveled to Nairobi in May to engage in extensive advocacy with Kenyan civil society regarding concerns about the draft TJRC bill. A comprehensive assessment followed in June on broader transitional justice issues related to the peace process. In August the ICTJ returned to Kenya at the invitation of the International Center for Policy and Conflict to continue supporting civil society efforts to seek amendments to the TJRC bill. Over the coming months the ICTJ will remain engaged in supporting Kenyans' efforts to achieve an equitable and accountable transitional justice.

(Updated September 2008)

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