Waki Commission
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The Waki Commission, officially The Commission of Inquiry on Post Election Violence (CIPEV), was an international commission of inquiry established by the
Government of Kenya The Government of the Republic of Kenya (GoK) is the Central government, national government of the Kenya, Republic of Kenya located in East Africa. It is composed of Counties of Kenya, 47 Counties, each county with its own semi-autonomous gove ...
in February 2008 to investigate the clashes in Kenya following the disputed Kenyan presidential election of 2007.


Background

The Kenyan presidential election of 2007 was held in December 2007. The main contenders were incumbent
President of Kenya The president of the Republic of Kenya () is the head of state and head of government of the Republic of Kenya. The president is also the head of the executive branch of the Government of Kenya and is the commander-in-chief of the Kenya De ...
,
Mwai Kibaki Emilio Stanley Mwai Kibaki (15 November 1931 – 21 April 2022) was a Kenyan politician who served as the third President of Kenya from December 2002 until April 2013. He served in various leadership positions in Kenya's government including ...
and his former ally
Raila Odinga Raila Amolo Odinga (born 7 January 1945) is a Kenyan politician who served as the Prime Minister of Kenya from 2008 to 2013. He was the Member of Parliament (Kenya), Member of Parliament (MP) for Langata Constituency from 1992 to 2013 and has ...
. The election was strongly marked by
tribalism Tribalism is the state of being organized by, or advocating for, tribes or tribal lifestyles. Human evolution primarily occurred in small hunter-gatherer groups, as opposed to in larger and more recently settled agricultural societies or civilizat ...
, with Kibaki coming from the most numerous Kikuyu ethnic group which has dominated Kenyan politics since independence and Odinga an ethnic Luo allied with other smaller ethnic groups. Kibaki was declared the winner and sworn in on 30 December, despite opposition leader Raila Odinga's claims of victory. Odinga and many international observers claimed the elections were at least partially manipulated. Following the declaration, violent protests erupted particularly in
Kibera Kibera (Kinubi language, Kinubi: ''Forest'' or ''Jungle'') is a division and neighbourhood of Nairobi, Kenya, from the city centre. Kibera is the largest slum in Nairobi, and also the largest urban slum in all of Africa. The 2009 Kenya Popul ...
, and this included ethnic violence targeted against Kikuyu people living outside their traditional settlement areas, especially in the
Rift Valley Province Rift Valley Province () of Kenya, bordering Uganda, was one of Kenya's eight provinces, before the 2013 Kenyan general election. Rift Valley Province was the largest and one of the most economically important provinces in Kenya. It was dominated ...
. Luos and Kalenjin were also targeted in the areas surrounding
Nakuru Nakuru (nicknamed Nax) is a city in the Rift Valley region of Kenya. It is the capital of Nakuru County, and it is the fourth largest city in Kenya and the largest in the Rift Valley region. As of 2019, Nakuru had an urban population of 570, ...
and Naivasha. Former UN Secretary General
Kofi Annan Kofi Atta Annan (8 April 193818 August 2018) was a Ghanaian diplomat who served as the seventh secretary-general of the United Nations from 1997 to 2006. Annan and the UN were the co-recipients of the 2001 Nobel Peace Prize. He was the founder a ...
brokered a power-sharing agreement which included the appointment of the Waki Commission to investigate the violence.


Composition

The chairman of the commission was Justice Philip Waki, a Judge of Kenya's Court of Appeal. The other two commission members were Gavin Alistair McFadyen, a former police assistant commissioner in New Zealand and Pascal K. Kambale, a lawyer from the
Democratic Republic of the Congo The Democratic Republic of the Congo (DRC), also known as the DR Congo, Congo-Kinshasa, or simply the Congo (the last ambiguously also referring to the neighbouring Republic of the Congo), is a country in Central Africa. By land area, it is t ...
who was working on the
Open Society Institute Open Society Foundations (OSF), formerly the Open Society Institute, is an American grantmaking network founded by business magnate George Soros. Open Society Foundations financially supports civil society groups around the world, with the s ...
's Africa Governance, Monitoring and Advocacy Project. The secretary to the commission was George Mong’are Kegoro, an advocate of the High Court of Kenya and Kenyan section director of the
International Commission of Jurists The International Commission of Jurists (ICJ) is an international human rights non-governmental organization. It is supported by an International Secretariat based in Geneva, Switzerland, and staffed by lawyers drawn from a wide range of jurisdi ...
. The assisting counsel was David Shikomera Majanja, an advocate of the High Court of Kenya.


Report

The post-election violence report by Waki Commission, commonly known as the "Waki report", was handed over to president Mwai Kibaki and prime minister Raila Odinga on 15 October 2008. The report has 529 pages. The report however did not publicly disclose the alleged perpetrators in the report handed to the President. The Waki Commission instead handed the list of alleged perpetrators to Kofi Annan. In July 2009 Kofi Annan handed the envelope to Luis Moreno-Ocampo, the Prosecutor at the ICC. The Kenyan Government was then given 1-year, beginning July 2009, to set up a Tribunal to deal with issue. Failure to do this would see the ICC would pick up the matter beginning August 2010.Annan did not ambush Kenya, says Justice minister
/ref> Daily Nation, 13, 20 July


Cost

In response to a query by Joseph Lekuton, on 16 December 2008, Orwa Ojode the Assistant Minister for Provincial Administration and Internal Security confirmed to
parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
that the commission had cost Kshs 7,635,694 with the
Kenya Kenya, officially the Republic of Kenya, is a country located in East Africa. With an estimated population of more than 52.4 million as of mid-2024, Kenya is the 27th-most-populous country in the world and the 7th most populous in Africa. ...
Government contributing Kshs 5,951,930 and donors contributing Kshs 1,683,764.


See also

* Politics of Kenya * History of Kenya * Ethnic Conflicts in Kenya * Kriegler Commission


References


External links


Waki Report (at ReliefWeb)
*
International Center for Transitional Justice, Kenya
{{authority control Politics of Kenya Government agencies of Kenya 2008 in Kenya