Commission of Inqury on Post Election Violence – KNDR

Kenyan National Dialogue and Reconciliation

COMMISSION OF INQUIRY ON POST-ELECTION 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
Post-Election Violence (Commission of Inquiry).

This Commission of Inquiry will be a non-judicial body mandated

(i) to investigate the facts
and surrounding circumstances related to acts of violence that followed the 2007 Presidential
Election,

(ii) investigate the actions or omissions of State security agencies during the course
of the violence, and make recommendation as necessary, and

(iii) to recommend measures
of a legal, political or administrative nature, as appropriate, including measures with regard to
bringing to justice those persons responsible for criminal acts. The Commission of Inquiry
aims to prevent any repetition of similar deeds and, in general, to eradicate impunity and
promote national reconciliation in Kenya.

Key Activities

The activities of the Commission shall be:
To investigate the facts and circumstances related to the violence following the 2007
Presidential election, between December 28, 2007 and February 28, 2008.

·  To prepare and submit a final report containing its findings and recommendations for
redress, any legal action that should be taken, and measures for future prevention.

·  To prepare and submit a final report containing its findings and recommendations for
redress, any legal action that should be taken, and measures for future prevention.

·  To make recommendations, as it deems appropriate, to the Truth, Justice, and
Reconciliation Commission.

National Cooperation

Kenyan authorities, institutions, parties, and others shall fully cooperate with the Commission
of Inquiry in the accomplishment of its mandate, in response to requests for information,
security, assistance or access in pursuing investigations, including:

·  Adoption by the Government of Kenya of any measures needed for the Commission
and its personnel to carry out their functions throughout the national territory with full
freedom, independence and security;

·  Provision by the Government of Kenya and all Kenyan State institutions of all
information in its possession which the commission requests or is otherwise needed
to carry out its mandate, with free access provided for the Commission and its staff to
any archives related to its mandate;

·  Freedom for the Commission to obtain any information it considers relevant and to
use all sources of information which it considers useful and reliable;

·  Freedom for the Commission to interview, in private, any persons it judges necessary;

·  Freedom for the Commission to visit any establishment or place at any time; and

·  Guarantee by the Government of Kenya of full respect for the integrity, security and
freedom of witnesses, experts and any other persons who help in its work;

The Parties call upon States, relevant UN and AU bodies and, as appropriate, national and
international humanitarian or other nongovernmental organizations to provide information to
the Commission of Inquiry related to post-election violence, to make such information
available as soon as possible and to provide appropriate assistance to the Commission.

Composition

The Commission of Inquiry will be composed of three impartial, experienced, and
internationally respected jurists, or experts in addressing communal conflict or ethnic
violence. Two of these shall be international, and one shall be Kenyan. They shall be
selected by the Panel following consultation with the Government/PNU and the ODM, and
appointed by the President.

A Support Office, based in Nairobi and with adequate expert staff, will be established to
provide support to the members of the Commission.

Methodology
The Commission of Inquiry shall develop its own work plan and procedures. These will be
guided in all respects by principles of fairness, impartiality, transparency, and good faith.

Outputs and Timeline
The Commission of Inquiry will start its work within 30 days following the appointment of its
members. It will operate for three months, with an additional month if required. At the
conclusion of its work it will submit a final report of its findings and recommendations to the
President of Kenya, with a copy to the Panel. Main findings of the report will be made public
within 14 days of submission, although certain aspects of the report or annexes may be kept
confidential in order to protect the identity of witnesses or persons accused.

Financing/Logistics
The Commission of Inquiry will be funded by the Kenyan Government and the Trust Fund for
National Dialogue and Reconciliation, including support from donor states or foundations. It
will receive logistical support from the AU and the UN.

COMMISSION OF INQUIRY ON POST-ELECTION VIOLENCE

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