Whereas between 1992–2002, most election related violence occurred during the pre-election phase at the time of voter registration, party campaigns and nominations, the 2007 elections were characterized 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 2007/2008 post-election violence shook the nation because of its spread, speed and ruthlessness. The closely contested presidential election was characterized by unrealistic promises, fragmentation, balkanization, 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.
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
The two parties agreed to tackle four main agenda items to end the political crisis and address its underlying causes.
- Agenda Item 1: Immediate Action to Stop Violence and Restore Fundamental Rights.
- Agenda Item 2: Addressing the Humanitarian Crisis, and Promoting Healing and Reconciliation.
- Agenda Item 3: How to Overcome the Political Crisis (power sharing).
- Agenda Item 4: Tackling Long-term Issues.
7.3.5 The Truth Justice and Reconciliation Commission (TJRC)
The TJRC (Truth, Justice and Reconciliation Commission of Kenya) is part of the accountability component of Agenda Four of the National Accord signed in 2008.
By addressing the cause and effects of historical injustices and gross violations of human rights the TJRC will contribute towards national unity, reconciliation, and healing.
The Commission is established by an Act of Parliament (Truth Justice and Reconciliation Commission Act no. 6 of 2008) to investigate the gross human rights violations and other historical injustices in Kenya between 12 December 1963 and 28 February 2008.
Agenda Four of the National Dialogue and Reconciliation process of 2008 that relates to long term issues and reforms provides the framework for transitional justice, with the Truth, Justice and Reconciliation Commission driving the transitional justice agenda.
Kenya’s civil society have called for a truth, justice, and reconciliation process since 2002 when the NARC Government came into power after the twenty four-year rule of President Moi. In 2003, a Government appointed Task Force recommended establishment of a Truth Justice and reconciliation Commission.
Had this recommendation been acted on then, perhaps the country might have avoided the post December 2007 election violence witnessed.
Mandate of the Truth Justice and Reconciliation Commission in Kenya
The Truth, Justice, and Reconciliation Commission of Kenya has the ability to investigate, analyse, and report on what happened between 1963 and 2008 in regards to gross violations of human rights, economic crimes, illegal acquisition of public land, marginalization of communities, ethnic violence, the context in which the crimes occurred, and educate the public about its work. The TJRC does not, however, have the power to prosecute.
They can recommend prosecutions, reparations for victims, institutional changes, and amnesty in exchange for truth for perpetrators who did not commit gross human rights violations.
The TJRC investigates, analyses, and reports on human rights abuses, economic crimes, illegal acquisition of land, marginalization of communities, and ethnic violence.
In terms of justice, lack of retributive justice has been a source of concern for many Kenyans. Though the commission can recommend prosecutions, there has been a long standing culture of impunity in the country, which threatens to keep political leaders safe from prosecution.
However, the commission has focused on justice in terms of recognition and distribution. The commission has sought to give victims and perpetrators equal voice in hearings, and have included hearings where children may share their stories, with guidance from counselors.
Recommendations for redistribution of power and resources has been a focus of the mandate, as major conflicts have arisen due to imbalances in power, land, and resources between ethnic groups. Additionally, the commission has focused on educating the country about the history of violence, and emphasizes promoting reconciliation through revealing of truth.
The public is invited and encouraged to participate to fulfill the goal of educating the public. Members of the public may attend the public hearings, and can volunteer to assist the TJRC in fulfilling its mandate. They may also make submissions to the commission regarding the TJRC mandate. Victims may apply for reparations if they qualify.
References
Kimani, K. Healing the Wound: Personal Narrative About the 2007 Post-Election Violence. Nairobi: Twaweza Communications, 2009.
Kanyinga, K. ‘Limitations of Political Liberalization: Parties and Electoral Politics in Kenya, 1992-2002’, in W.O Oyugi, P. Wanyande and C. Odhiambo Mbai (eds). The Politics of Transition in Kenya: From KANU to NARC. Nairobi: Heinrich BÖll Foundation, 2003. Pp 96-127.
Wanyande, P. ‘The Politics of Coalition Government,’ in P. Wanyande, M. Omosa and C. Ludeki (eds). Governance and Transition Politics in Kenya. Nairobi: University of Nairobi Press, 2007, pp. 107-129.
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