Kreigler Report – Report of the Independent Review Commission on the General Elections held in Kenya on 27 December 2007

Report of the Independent Review Commission on the General Elections held in Kenya on 27 December 2007

Kreigler Report
EXECUTIVE SUMMARY
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 Union-sponsored 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.
In conformity with its terms of reference (ToRs) IREC now presents its findings and
recommendations, based on its analysis of the legal framework for the conduct of
elections in Kenya, the structure, composition and management system of the ECK and
its organisation and conduct of the 2007 electoral operations. The report specifically
examines the integrity of the whole electoral process, from voter registration and
nomination of candidates through voting, counting, transmission and tallying to dispute
resolution and post-election procedures, deals with the role of political parties, observers,
the media, civil society and the public at large, and comments on the independence,
capacity and functional efficiency of the ECK.
Main findings
Kenya’s constitutional and legal framework relating to elections contains a number of
weaknesses and inconsistencies that weaken its effectiveness. This legislation needs
urgent and radical revision, including consolidation.
The electoral management process as a whole needs revision
During the preparation and conduct of the 2007 elections the ECK lacked the necessary
independence, capacity and functionality because of weaknesses in its organisational
structure, composition, and management systems.
The institutional legitimacy of the ECK and public confidence in the professional
credibility of its commissioners and staff have been gravely and arguably irreversibly
impaired. It lacks functional efficiency and is incapable of properly discharging its
mandate.
The conduct of the electoral process was hampered and the electoral environment was
polluted by the conduct of many public participants, especially political parties and the
media.
There were serious defects in the voter register which impaired the integrity of the 2007
elections even before polling started:
• it excluded nearly one-third of eligible voters, with a bias against women and
young people
• it included the names of some 1.2 million dead people
Serious anomalies in the delimitation of constituencies impaired the legitimacy of the
electoral process even before polling started.
There was generalised abuse of polling, characterised by widespread bribery, votebuying,
intimidation and ballot-stuffing.
This was followed by grossly defective data collation, transmission and tallying, and
ultimately the electoral process failed for lack of adequate planning, staffselection/
training, public relations and dispute resolution.
The integrity of the process and the credibility of the results were so gravely impaired by
these manifold irregularities and defects that it is irrelevant whether or not there was
actual rigging at the national tally centre. The results are irretrievably polluted.
Main recommendations
All political role-players in Kenya should recognise that materially defective elections
accompanied by public violence will remain a feature of life in their country absent a
concerted and sustained commitment to electoral integrity by all Kenyans.
Radically reform the ECK, or create a new electoral management body (EMB), with a
new name, image and ethos, committed to administrative excellence in the service of
electoral integrity, composed of a lean policy-making and supervisory board, selected in a
transparent and inclusive process, interacting with a properly structured professional
secretariat.
Devise, implement and maintain appropriate executive, legislative and political measures
to enable the reconstituted or new EMB to initiate, popularise and sustain a national
commitment to electoral integrity and respect for the inalienable franchise rights of
Kenyan citizens.
Empower the EMB, by means of executive, legislative and political measures properly to
perform the essential functions entrusted to it under sections 42 and 42A of the
Constitution (delimitation and the conduct of elections and associated activities).
Adopt a new voter registration system.
Agree (as part of the constitutional review process) on an electoral system, which puts to
rest the continuous discussion about a new electoral system for Kenya.
Choose and implement the necessary constitutional and other legal amendments to give
effect to whichever of IREC’s recommendations are accepted.
Minority Opinion
Two members of the Commission held a dissenting view on some of the findings
reported in Chapter 6. Their opinions are presented in italics at the end of each of the
relevant paragraphs.

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OCHA Kenya Humanitarian Update vol. 21, 21-27 May 2008

OCHA Kenya Humanitarian Update vol. 21, 21-27 May 2008


HIGHLIGHTS

– Representative of the Secretary General emphasizes the need to ensure sustainability of the returns and resettlement process.

– Over two thirds of IDPs have left camps and 123 camps have closed since January.

– 84,752 IDPs remain in camps and over 53,330 IDPs settle in transit camps.

– Aid agencies report funding gaps for proposed projects; only 31.8% of the EHRP funded.

The information contained in this report has been compiled by OCHA from information received from the field, from national and international humanitarian partners and from other official sources. It does not represent a position from the United Nations.

I. General Overview

The Ministry of Planning released the Economic Survey for 2008, which reflected a grim economic situation, beleaguered by increased inflation and slowing economic growth. Economic growth is now estimated to have declined to 3.5-4.5% in 2008 whilst the Survey noted that the post-election violence (PEV) had caused USD 3.7 billion in damages and agriculture productivity had declined by 8.1% from the 2007-2008 fiscal year. Meanwhile, the bill for oil imports increased by 18.8% in the past year, further constraining domestic production with higher input costs. Furthermore, the World Bank was cited to have estimated that five million more Kenyans have been impoverished as a result of PEV. In light of these poor indicators, the key determinates of economic recovery outlined in the Survey, included the country’s ability to achieve the following: political stability, rehabilitation of infrastructure damaged in the PEV, construction of new infrastructure and increased regional economic integration in the East Africa Community.

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UN Expert calls for renewed efforts to protect and assist Kenya’s internally displaced persons as essential to conflict resolution and peacebuilding

Source: United Nations Human Rights Council

Date: 27 May 2008

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UN Expert calls for renewed efforts to protect and assist Kenya’s internally displaced persons as essential to conflict resolution and peacebuilding


Nairobi and Geneva, 27 May 2008 – “At this crucial beginning of recovery, special efforts by the government, humanitarian agencies and the donors are essential if the return of those displaced by the post-election violence is to be sustainable and compatible with international human rights standards. In the absence of substantially increased efforts, we will jeopardize the fragile process of building and restoring of peace in displacement affected communities.” This is the main conclusion of Walter Kaelin, the Representative of the UN Secretary General on the Human Rights of Internally Displaced Persons, at the conclusion of his working visit to Kenya, from 19 to 23 May 2008.

The Representative commended the Government of Kenya, the Kenyan Red Cross, the international humanitarian organizations and the people of Kenya for the effective assistance and support provided to those living in camps since they were displaced by the post-election violence of December 2007 and January 2008. Today, the government’s effort to return the displaced from camps to their fields and homes (Operation Rudi Nyumbani) create particular challenges. These challenges include ensuring that returns are safe and voluntary, providing humanitarian assistance in the areas of return and at the transit sites, and restoring full protection of the IDPs’ human rights in accordance with the UN Guiding Principles on Internal Displacement. Continue reading

KNCHR POSITION ON AMNESTY FOR ALLEGED PERPETRATORS OF POST-ELECTION VIOLENCE

KNCHR POSITION ON AMNESTY FOR ALLEGED PERPETRATORS OF POST-ELECTION VIOLENCE
I. Introduction
Recently, a debate in Kenya has raged regarding whether persons arrested in the wake of the post election violence should be prosecuted or granted amnesty. These persons comprise mainly youths from Rift Valley, Nyanza, Coast, Central and Nairobi Provinces who are alleged to have committed diverse offences between December 27th and February 28th. There are conflicting figures as to how many youths are being held and the offences they are alleged to have committed. According to a statement attributed to Agriculture Minister Ruto, around 12,000 youths are being held in police and prison custody following the violence. However, the police dispute this figure and claim that less than 1000 people are in custody.
II. The different shades of arguments
1. One argument made, supporting the case for amnesty, is that by doing what the youths are alleged to have done, they contributed to the formation of the grand coalition government and it therefore does not make sense to have the youths languishing in jail while the politicians they ‘fought for’ enjoy power. It has also been argued that holding the youths in custody discriminates against the poor since politicians who mobilized the youths to those actions are themselves enjoying their liberty.
2. Another argument advanced is that ‘host communities’ are unlikely to cooperate with the return of the internally displaced people (IDPs) while their own sons are languishing in jail. It is a compelling argument from the point of view that the situation is still volatile in some of the regions with some locals threatening not to allow the IDPs to return. Indeed violence has broken out since the return of some IDPs in places like Molo. However this argument is countered by those who say that Kenyans have a right to property and to settle anywhere in the republic and the government should not be blackmailed into releasing alleged perpetrators on the pain of communities sabotaging the IDP return programme.
3. A third argument, rejecting amnesty, suggests that granting amnesty to the suspects would encourage impunity and threaten the rule of law. This would be tantamount to abolishing civilized society and going back to the rule of the jungle. This would also encourage organized violence.
III. Amnesty in other jurisdictions Continue reading

Kenya: Complex Emergency Fact Sheet #14 (FY 2008)


Kenya: Complex Emergency Fact Sheet #14 (FY 2008)


U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT
BUREAU FOR DEMOCRACY, CONFLICT, AND HUMANITARIAN ASSISTANCE (DCHA)
OFFICE OF U.S. FOREIGN DISASTER ASSISTANCE (OFDA)

Note: The last fact sheet was dated May 7, 2008.

KEY DEVELOPMENTS

– The Government of Kenya (GOK) continues to facilitate the return of approximately 350,000 internally displaced persons (IDPs) from temporary shelters in camps and host communities to pre-crisis lands. Between May 2 and 22, the number of IDPs residing in camps decreased from 158,891 to 95,454 and the number of camps declined from 157 to 124, according to the Kenya Red Cross Society (KRCS).

– Relief agencies report that the majority of returnees are farmers moving back to agricultural areas. Some IDPs, including some small business owners and landless individuals, continue to indicate a reluctance to depart camps without government assistance to help reestablish livelihoods. In addition, ongoing security concerns and the perceived need for further reconciliation is hampering returns in some areas.

– The Office of the U.N. High Commissioner for Refugees (UNHCR) and the GOK are working to register IDPs in host communities and return sites in order to provide targeted humanitarian and livelihood assistance to these populations. Registration is scheduled to be complete by June 30, although population movements are complicating the process.

– USAID/OFDA’s Early Recovery Team continues to monitor the returns process throughout affected areas of western Kenya, facilitate coordination and information sharing among U.N. and relief agencies, and work with implementing partners to support sustainable returns and early recovery.

NUMBERS AT A GLANCE
SOURCE
Conflict-Affected Population at Risk of Poverty(1)
2,000,000
The World Bank – January 18, 2008
Estimated IDPs in camps and centers
95,454
KRCS – May 22, 2008
Estimated IDPs within host communities
196,000
NDOC(2) – March 26, 2008
Deaths(3)
1,020
NDOC – April 8, 2008
Kenyan Refugees in Uganda
2,000
UNHCR – April 18, 2008

FY 2008 HUMANITARIAN FUNDING PROVIDED TO DATE

USAID/OFDA Assistance to Keny: $9,223,232
USAID/FFP(4) Assistance to Kenya: $56,960,000
State/PRM(5) Assistance to Kenya: $14,943,105
Total USAID and State Humanitarian Assistance to Kenya: $81,126,337

CURRENT SITUATION

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AI – Kenya: Concerns about the truth, justice and reconciliation bill

Kenya: Concerns about the truth, justice and reconciliation bill


Introduction

Amnesty International has a number of serious concerns about the Truth, Justice and Reconciliation Commission Bill of Kenya (the Bill), published on 9 May 2008 and due to be submitted for debate in Parliament. (i)

Amnesty International recognizes the decision to establish the Truth, Justice and Reconciliation Commission in Kenya as an important first step towards ensuring accountability for past human rights violations and guaranteeing that victims of those violations know the truth, obtain justice and are provided with full reparation.

The organization welcomes the provisions in the Bill intended to ensure that the establishment and functioning of the future Truth, Justice and Reconciliation Commission (the Commission) comply with international law and standards. Such provisions are discussed below (see para1).

However, Amnesty International is seriously concerned about several aspects of the Bill, which do not comply with international law, standards and best practices. These include:

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Kenya Inter-Cluster Team Situation Report No. 24, 19 May 2008: Kenya Post-Election Emergency Response; Cluster – Food Assistance

Kenya Inter-Cluster Team Situation Report No. 24, 19 May 2008: Kenya Post-Election Emergency Response; Cluster – Food Assistance


Kenya Post-Election Emergency Response: Food Assistance Sector

Situation Overview

Kenya Red Cross(KRC), Government of Kenya(GoK), Office of the President/Special Programmes, and WFP are coordinating the single-food-pipeline and food assistance activities in Kenya, building on the existing food assistance coordination mechanisms in Kenya.

According to Government statistics, the ‘Rudi Nyumbani’ (Return Home) operation recently launched has so far seen an estimated 125,000 persons resettled by the Government; actual numbers are lower. Population in camps is reducing, but a significant group mainly of traders, landless persons and other vulnerable groups without land to return to are likely to remain in the camps; Population in 134 IDP camps stands at 113,065.

WFP/KRC has agreed to provide the returnees with a one month ration during this transition. However, lack or coordination and consultations during the exercise have in the past week resulted in reported incidences of persons leaving the camps without food allocations as camps were hurriedly closed posing difficulties in assessing and establishing locations where these persons moved to supply them with the necessary food requirements.

The general security situation in the country was calm. Few incidents of road banditry, hijacking of public transport means, robbery and violence against passengers were reported over the week, but in no way related to the post election crisis. There was reported tension in Mandera and along the Kenya/Somali border as the Kenyan security forces beefed up their presence after the killing of the Islamic Court Union militant commander in Somalia last week. In Mt. Elgon, military operations to neutralize the sabaot land defence force are ongoing; yesterday 18 May, 2008, the leader of the force was killed by police.

GoK, KRC, WFP, and partners have jointly delivered 13,354 mt of assorted food. WFP stocks are in place at four operational hubs (Eldoret, Kisumu, Nakuru, Nairobi), in addition to GoK and KRC stocks, to respond to identified needs for the current distribution. WFP will face pipeline breaks for cereal shortfalls in June, and pipeline breaks for all commodities from July onwards.

Humanitarian Response

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