Truth, Justice and Reconciliation Commission of Kenya

Despite the reputation of the Rift valley as the cradle of humanity and positive co-existence, the peoples living there suffered through mass human rights violations in the later part of the 20th century. The mass violence in Kenya occurred throughout a period of over 40 years making it difficult to define concretely as post-election violence. To understand the events following the 1992 and 2007 elections in Kenya, one must first understand the complicated ethnic makeup of the Kenyan state. The two tribes primarily involved in the political violence are the Kikuyu people (22 percent of the 2008 Kenyan population) and the Kalenjin people (12 percent of the 2008 Kenyan population), however many other smaller tribes also inhabit Kenya. These ethnic tensions originate in events occurring before independence when British colonists forced the Kalenjin pastoral tribe off their land to develop the Rift Valley agriculturally. With the colonists came Kikuyu farmers to work as sharecroppers in the British fields. Continued competition for economic wealth and power also drove the two tribes apart. Later when selecting government officials after independence in 1963, the tension between these two tribes increased as Jomo Kenyatta, a Kikuyu, became president and Daniel Moi, a Kalenjin, became vice-president. After Kenyatta's death, Moi took power and tightened his hold on Kenya through censoring and human rights violations. In 1991 a constitutional reform passed allowing for multipartyism in Kenya. Shortly after in 1992 the first multi-party election since independence took place. Moi won the elections but many doubted the legitimacy of his victory. Violence ensued as Kalenjin supporters of Moi raped, killed, and displaced Kikuyu opposition supporters. Despite Kalenjin attacks on Kikuyu making up the majority of the ethnic violence in Kenya, ethnic conflicts between tribes remained much more complicated. This violence persisted long after the 1992 election with postelection violence reports in 1998, 2002, and 2007. Similar to the 1992 election, in December 2007 incumbent president Mwai Kibaki won an election called “deeply flawed” by observers. The Kalenjin, who supported the opposition leader Raila Odinga, burned down the houses and hacked to death Kikuyus who supported Kibaki. Weeks after the election, Kikuyus violently took revenge forcing other ethnic groups out of Kikuyu dominated areas. This post election violence took the lives of over 800 people and displaced at least 300,000. 1992 Post-election violence The 1992 multiparty general elections were riddled with irregularities with some opposition candidates even being physically prevented from presenting their nomination papers. The incumbent, President Daniel Arap Moi, campaigned freely all over the country while other party leaders could not. Where the opposition could not campaign freely, President Moi traversed the country using government resources. Moreover, he enjoyed a monopoly of media coverage from the official broadcaster, the Kenya Broadcasting Corporation (KBC). In addition, the Electoral Commission was made up of presidential appointees whose loyalty to the incumbent was never in doubt. The most notorious instance of interference with the electoral process was the 1988 General Elections where many losing candidates were declared winners. The then sole ruling party, KANU, had already secured the monopoly for political power through a constitutional amendment in 1982 that made it the sole political party. In the 1991 clashes, non-Kalenjin and non-Maasai ethnic groups were "attacked, their houses set on fire, their properties looted and in certain instances, some of them were killed or severely injured with traditional weapons like bows and arrows, spears, pangas, swords and clubs". In its investigations, witnesses told the Kenya National Commission on Human Rights (KNCHR) that violent clashes between the Kalenjin, on the one hand, and the Kikuyu and Kisii on the other, began in 1992. These clashes pitted these groups along ethnic lines as well as on political lines. In 1992, the Kalenjin were overwhelmingly members of the then ruling party, the Kenya African National Union, (KANU). President Daniel Arap Moi, a member of the Kalenjin community, was the President of KANU and the country. He was opposed to the introduction of multi-party politics in the country and the existence of opposition political parties particularly in the Rift Valley. Many non-Kalenjin and non-Maasai communities in the Rift Valley supported the then budding opposition parties. The Akiwumi report on the 1992 clashes reported that the provincial administration was partisan in its support of the then KANU government and against those considered to be opposed to KANU in the Rift Valley. In 1992 the provincial administration also showed open partisanship in favour of KANU. 1997 Post-election violence In December 1997, Kenyans went to the polls to elect members of parliament and the country's president. The elections were conducted in the glare of international publicity, not least because the international community was seriously concerned about whether the elections would be free and fair. Despite evidence of electoral irregularities, political violence and a legal framework which favoured the incumbent government, observers of the elections endorsed the resulting victory of President Moi and the Kenya African National Union (KANU) as being an expression of the will of the people. In the wake of the elections, there rapidly followed a waning of international interest in political developments in Kenya. This was despite the fact that within a month of the elections, politically motivated ethnic "clashes" erupted in Rift Valley Province. The violence left hundreds of people dead or injured, and thousands of others displaced from their homes and living in makeshift shelters. It was clear that this violence was following a pattern similar to that encountered during previous outbreaks of conflict in Kenya between 1991 and 1994 – prior to and after the country's first multi-party elections in 1992— in which predominantly Kalenjin supporters of KANU attacked members of ostensibly ‘pro-opposition’ ethnic groups. The important difference between then and now was that for the first time, members of a ‘pro-opposition’ ethnic group, the Kikuyus, were organising and actively fighting back. Although the 1997 elections passed off with less violence than had been the case in 1992, events in January 1998 put paid to any hopes that political violence might be a thing of the past in Kenya. On the night of 11 January 1998, some members of the Pokot and Samburu ethnic groups raided the home of a Kikuyu widow at a place called Mirgwit in the Laikipia District of the Rift Valley Province. The raiders raped the woman and stole some livestock from the household. A group of Kikuyu men followed the raiders but, having failed to catch up with them, entered a Samburu compound where, in retaliation, they mutilated livestock that they found there. Mutilation of livestock is highly taboo for pastoralists such as the Samburu and Pokot. Accordingly, it was almost inevitable that there would be some kind of response by the owners of the livestock. On the night of 13 January 1998, some Pokot and Samburu men attacked Kikuyu communities in the Magande, Survey, Motala, Milimani and Mirgwit areas of Ol Moran in Laikipia. It appears that the attackers were armed not only with spears, bows and arrows, but also with guns. It was claimed that some of the attackers were dressed in military-type clothing. It has been estimated that over 50 Kikuyus were killed during these attacks and over 1000 others fled the area and sought refuge at the Roman Catholic Church at Kinamba, from where they were later relocated to temporary shelters at Sipili and Ol Moran. On 21 January, about 70 unidentified people invaded three farms in Njoro including one belonging to the newly elected DP Member of Parliament for Molo Constituency, Kihika Kimani. Three days later, groups of what local residents described as Kalenjins attacked Kikuyus in parts of Njoro in the same constituency. There were varying explanations given for these attacks. One version of events blamed them on the refusal of local Kikuyu traders to supply goods and services to Kalenjins in response to the events in Laikipia. Another suggested that this was simply an unprovoked attack on Kikuyus by local Kalenjin youths. The attack on Kikuyus on 24 January provoked a counter-attack by a group of apparently wellorganised Kikuyus, who on 25 January attacked Kalenjin residents of Naishi/Lare in Njoro. According to police reports, 34 Kikuyus and 48 Kalenjins were killed during these initial attacks and over 200 houses were burnt down. Hundreds of people from both communities were displaced by the fighting, and many of them fled to temporary 'camps' at Kigonor, Sururu, Larmudiac mission and Mauche. During its visit to Kenya the joint mission witnessed the very poor conditions in which displaced people in these camps were living. Sporadic fighting continued during February and March 1998. By 11 March, police reports were estimating that at least 127 people had been killed since the 'clashes' had begun in January. 2007 Post-election violence Whereas between 1992 and 2002 most election related violence occurred during the pre-election phase at the time of voter registration, party campaigns and nominations, the 2007 elections were characterised by excessive violence, and crimes against humanity, especially after the declaration of Mwai Kibaki of the Party of National Unity (PNU) as president in the contested results. The 2007–08 post-election violence shook the nation because of its spread, speed and ruthlessness. The closely contested presidential election was characterised by unrealistic promises, fragmentation, balkanisation, media hype and strong expressions of ethnic nationalism. Inspired and propelled by the rejection of the 2005 Referendum on a government sponsored constitution, the main opposition party went full throttle to wrest power form the incumbent in the general elections. The 2007–2008 Kenyan crisis refers to a political, economic, and humanitarian crisis that erupted in Kenya after incumbent President Mwai Kibaki was declared the winner of the presidential election held on 27 December 2007. Supporters of Kibaki's opponent, Raila Odinga of the Orange Democratic Movement, alleged electoral manipulation. This was widely confirmed by international observers, perpetrated by both parties in the election. In part due to the ethnic and geographic diversity of the ODM coalition, no one narrative can explain the reaction of opposition supporters to the announcement of Kibaki's swearing-in. In addition to staging several nonviolent protests, opposition supporters went on a violent rampage in several parts of the country, most noticeably in Odinga's homeland of Nyanza Province and the slums of Nairobi, part of his Langata constituency. Police shot a number of demonstrators, including a few in front of TV news cameras, causing more violence directed toward the police. Targeted ethnic violence (as opposed to violent protests) escalated and at first was directed mainly against Kikuyu people – the community of which Kibaki is a member – living outside their traditional settlement areas, especially in the Rift Valley Province. This violence peaked with the killing of over 30 unarmed civilians in a church near Eldoret on New Years Day. Tensions in the Rift Valley have caused violence in several previous Kenyan elections, most notably in the 1992 Kenyan Elections. Some of the Kikuyu also engaged in retaliatory violence against groups supportive of Odinga, primarily Luos and Kalenjin, especially in the areas surrounding Nakuru and Naivasha. In Mombasa, Muslim Kenyans took to the streets to protest the electoral manipulations and air their own grievances, though ethnic tensions played much less of a role in these protests. Looters also struck a number of stores in Mombasa. The slums of Nairobi saw some of the worst violence, some of this ethnically motivated attacks, some simple outrage at extreme poverty, and some the actions of criminal gangs. The violence continued sporadically for several months, particularly in the Rift Valley. Former UN Secretary-General Kofi Annan arrived in the country nearly a month after the election, and successfully brought the two sides to the negotiating table. On 28 February 2008, Kibaki and Odinga signed a power-sharing agreement called the National Accord and Reconciliation Act, which establishes the office of prime minister and creates a coalition government.[1] The power-sharing Cabinet, headed by Odinga as Prime Minister, was eventually named on 13 April, after lengthy negotiations over its composition; it was sworn in on 17 April. ==The National Accord==