Commission of Inquiry into Post-Election Violence (Waki Commission): findings and what happened next
Violence in Kenya following the December 2007 presidential election.
- Country
- Kenya
- Type
- commission of inquiry
- Report published
- 2008
Implementation, as of 27 November 2023The special tribunal was not created, no ICC case for the violence itself reached trial, and the ICC closed the investigation phase in November 2023.
What the inquiry found
- The commission completed its work in late 2008 and recommended a special tribunal to prosecute those bearing the "greatest responsibility" for the violence.1
- According to the ICC Prosecutor, the violence involved over 1,000 killings, over 900 acts of rape and sexual violence and about 350,000 displaced people.2
Key recommendations
- A special tribunal for the main perpetrators, and police reform including merging the Administration Police and the Kenya Police Service and vetting all officers.1
What happened next
- A bill to establish the special tribunal was defeated in Parliament.1
- ICC Pre-Trial Chamber II authorised the Prosecutor to open an investigation on his own initiative, the first ICC situation opened this way.2,1
- ICC judges declined to confirm charges against one of six suspects. Charges against all six were ultimately not confirmed or were withdrawn.2
- The ICC Deputy Prosecutor announced the end of the investigation phase in the Kenya situation.2
Sources
- International Center for Transitional Justice, Kenya
- International Criminal Court, Situation in the Republic of Kenya (27 November 2023)