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| Waki Commission | |
|---|---|
| Name | Waki Commission |
| Established | 2008 |
| Dissolved | 2009 |
| Jurisdiction | Kenya |
| Chair | Justice Philip Waki |
| Type | Inquiry Commission |
Waki Commission The Waki Commission was a Kenyan public inquiry established after the 2007–2008 Kenyan crisis to investigate post-election violence following the 2007 Kenyan general election. Chaired by Philip Waki, the commission produced a report that influenced international processes including the International Criminal Court and national mechanisms such as the Truth, Justice and Reconciliation Commission (Kenya). The commission's work intersected with actors like Mwai Kibaki, Raila Odinga, and institutions including the Kenya Police and the Kenyan Parliament.
The commission was created amid the aftermath of the disputed 2007 Kenyan general election and the ensuing 2007–2008 Kenyan crisis, which involved clashes between supporters of Orange Democratic Movement leader Raila Odinga and the Party of National Unity (Kenya) of Mwai Kibaki. Domestic and international mediation efforts, notably by former United Nations Secretary-General Kofi Annan and the Intergovernmental Authority on Development, led to a power-sharing agreement and the formation of commissions, including a Judicial Commission of Inquiry chaired by Philip Waki. The commission drew on precedents set by inquiries such as the Khan Commission and the Truth, Justice and Reconciliation Commission (Kenya), and operated within legal frameworks influenced by the Constitution of Kenya and decisions from the Kenya High Court.
The commission's mandate, derived from presidential and parliamentary instruments, was to investigate the causes, nature and course of the violence after the 2007 Kenyan general election, identify perpetrators, examine the role of institutions such as the Kenya Police and the Kenya Defence Forces, and recommend prosecutions, reparations and institutional reforms. It was tasked with gathering evidence from witnesses including politicians like Uhuru Kenyatta, civil society leaders from Kenya Human Rights Commission and Amnesty International observers, faith-based mediators including representatives of the National Council of Churches of Kenya, and international actors such as representatives of the United Nations and the European Union.
The commission conducted hearings across counties affected by violence, taking testimony from displaced persons, leaders of ethnic communities including those in Kisii County, Nairobi, Kakamega County, Rift Valley Province constituencies, and officials from institutions like the Office of the Attorney General (Kenya). It examined incidents including the Pleckers-style attacks in informal settlements and documented patterns of ethnic targeting linked to political mobilization by local politicians and militia aligned with parties such as the Orange Democratic Movement and the Party of National Unity (Kenya). Evidence implicated senior politicians, provincial administrators, and security officers; notable names appearing in testimony included William Ruto, Henry Kosgey, and Francis Muthaura. The commission also highlighted failures by the Kenya Police and the Kenya Defence Forces to prevent or halt violence, and recorded mass displacement, property destruction, and allegations of human rights violations documented by organizations like Human Rights Watch.
The commission compiled its findings into a report that recommended prosecutions, establishment of the International Criminal Court referral route for named suspects, reparations for victims, and institutional reforms including police reform and constitutional change. It proposed a list of suspects for international investigation, which contributed to the referral of cases to the International Criminal Court and investigations involving figures such as Uhuru Kenyatta and William Ruto. The report advised the Kenyan authorities, the Parliament of Kenya, and the Judiciary of Kenya to implement measures aimed at preventing recurrence, including security sector reforms, land dispute resolution mechanisms influenced by precedents like the Ndung'u Land Commission, and measures to strengthen the independence of prosecutorial agencies such as the Office of the Director of Public Prosecutions (Kenya).
The report's publication elicited strong responses from political parties including the Orange Democratic Movement and the Party of National Unity (Kenya), civil society groups like the Kenya Human Rights Commission, and international bodies such as the United Nations human rights apparatus and the African Union. Some political figures rejected findings and criticized recommendations, leading to contested implementations in the Parliament of Kenya and debates in the Judiciary of Kenya and media outlets like the Daily Nation and the The Standard (Kenya). Internationally, the commission's referral influenced proceedings at the International Criminal Court and informed discussions in forums such as the United Nations Security Council, while domestically it spurred commissions including the Truth, Justice and Reconciliation Commission (Kenya) to address unresolved issues.
Follow-up efforts included attempts to implement prosecutions, reparations programs overseen by bodies like the National Cohesion and Integration Commission (Kenya), and proposals for police and judiciary reforms debated in the Parliament of Kenya. Some recommendations were pursued through legislative initiatives and through international assistance programs involving the European Union and bilateral partners such as United Kingdom and United States development agencies. The ICC processes, constitutional reforms culminating in the 2010 Kenyan Constitution, and subsequent national inquiries shaped long-term responses, though many victims and activists continued to press for full accountability via institutions like the Kenya National Commission on Human Rights. The commission's legacy remains referenced in debates on transitional justice, electoral reform, and institutional accountability in Kenya.
Category:Commissions of inquiry in Kenya