A Study on the Post Election Violence: Case Study Kenya an International Law Perspective

22 Pages Posted: 13 Mar 2012

Date Written: October 10, 2010

Abstract

This paper examines the violence that broke out in Kenya after the 27 December 2007 presidential election whereby, upon the announcement of the re-election of President Mwai Kibaki, it sparked contestation of the results, and an accusation of rigging by the opposition Orange Democratic Movement (ODM) whose leader was Hon Raila Odinga. This led to political crisis and eruption of violence in many parts of the country. The paper therefore, examined such violence in relation to international law – whether the crimes committed violated any kind of international law. There were unprecedented levels of violence and destabilization in Kenya which led to regional and international leaders to move quickly in attempts to negotiate for a resolution to the crisis. Shortly after the violence came to a halt, there was a commission of inquiry formed (Waki Commission) which was mandated to investigate on the circumstances that led to such outbreak of war. For instance, reports from Waki Commission and UN Human Rights Team clearly show that there were serious violations of international human rights, and crimes against humanity were committed which constitute part of international law. There were some recommendations made by the Waki Commission, and it was noted that the government of Kenya was slow in implementing them. One of key suggestion made by the commission was for the Kenyan government to establish an independent Special Tribunal made up of domestic and international jurists to prosecute those responsible for the crimes committed in the event of the war, and this took ages to happen and as well seemed to brew mixed interpretations, making it necessary for the ICC to come into aid. It is anticipated that the manner in which the ICC will handle the situation will have great influence in the way future crimes will be tried, thus ensuring that the question of impunity does not overshadow accountability.

Keywords: Post Election, Violence, Kenya, Crimes against humanity, Law

Suggested Citation

Kioko, Patrick Mutua, A Study on the Post Election Violence: Case Study Kenya an International Law Perspective (October 10, 2010). Available at SSRN: https://ssrn.com/abstract=1998074 or http://dx.doi.org/10.2139/ssrn.1998074

Patrick Mutua Kioko (Contact Author)

Kolping Organization of Kenya ( email )

P.O. Box 51981
Nairobi, Nairobi 00200
Kenya
+254726094525 (Phone)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
322
Abstract Views
1,711
Rank
171,612
PlumX Metrics