Four years later PEV victims await justice

By Athman Amran

The Kenyan police and the judiciary have failed to adequately investigate and prosecute crimes and ensure justice for the 2007-2008 post-election violence victims, Human Rights Watch says.

The report released on Friday found out that of the 1,133 or more killings committed during the violence only two have resulted in murder convictions.

"Victims of rape, assault, arson and other crimes similarly await justice. Police officers who killed at least 405 people during the violence, injured over 500 more, and raped dozens of women and girls, enjoy absolute impunity," the 95-page report alleges.

A 2007-2008 Post Election Violence Victim. Human Rights Watch reports that the government lacks the will to prosecute the perpetrators. (Photo:File/Standard)

Daniel Bekele, Africa director at Human Rights Watch said Kenyan officials have repeatedly promised to investigate and prosecute the post-election violence but the handful of convictions demonstrate a lack of will to follow through.

"Kenya should tackle these cases head on with a special judicial mechanism strengthened by international judges and prosecutors and insulated from political interference," Bekele said.

Human Rights Watch wants the government to provide compensation for victims starting with the 21 or more alleged victims of police shootings who have won civil suits against the Attorney General, but to whom the government has failed to pay court-ordered compensation.

The report recommends the establishment of a special mechanism or mechanisms, such as a special division within the High Court and a special investigatory unit to investigate, prosecute and adjudicate post-election violence cases.

It also recommends that the special mechanism should appoint international and Kenyan judges and the government should form a special appeals panel within the Court of Appeal that will hear appeals arising from the special mechanism.

The mandate of the special mechanism should include investigative and prosecutorial teams and a special unit to investigate police shootings and excessive use of force as well as police negligence during the post-election violence.

According to the report, high-value witnesses to the special mechanism benefit from witness protection and the establishment of a special prosecutor to lead prosecutions at the special mechanism to try cases of post-election violence.

The Human Rights Watch recommends further that international donors in the justice sector and the Office of the Prosecutor of the International Criminal Court closely monitor steps to establish the special mechanism to prosecute post-election violence in Kenya.

The ICC prosecutor’s office, the report adds, should consider sharing evidence and offering support, including training on the condition that the mechanism is credible, independent and capable of protecting witnesses and that Kenya demonstrates continued cooperation with the ICC.