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Volume III Chapter ONE Introduction 1. A critical challenge that Kenya has faced since attaining independence in 1963 is the integration of its different ethnic groups or communities into a cohesive nation, without compromising the respective distinct identities of these ethnic groups. Over the years, ethnicity has become an instrument of division. Some parts of the country have experienced heightened levels of ethnic tension which have resulted in violence. The 2007/2008 Post-Election Violence (PEV) which prompted the creation of the Commission is perhaps the worst, but not the only, example of violence resulting from, amongst other reasons, long standing ethnic tension between ethnic groups in the country. 2. Although the problem of ethnic tension and violence has long been acknowledged, it was not until the aftermath of the 2007/2008 PEV that robust efforts to address the problem began to take shape. Earlier efforts to address the problem ended neither in fundamental changes in ethnic relations nor prevention of ethnic violence. For instance, in the aftermath of the 1991/1992 ethnic clashes, the National Assembly established a Parliamentary Select Committee to Investigate Ethnic Clashes in Western Kenya and Other Parts of Kenya. It was mandated to investigate the root cause of the clashes, identify persons who might have perpetrated or participated in the clashes and make recommendations that would help to avert such clashes in the future. The 13 member Committee, chaired by the then Changamwe Member of Parliament, Kennedy Kiliku, commenced its work on 14 May 1992 and submitted its report (commonly referred to as Kiliku report) to Parliament in September 1992. The recommendations of the Committee were ignored, and not surprisingly, ethnic clashes were again witnessed in the period running to and during the 1997 General Elections. 3. In response to the 1997 ethnic clashes, the government established the Judicial Commission of Inquiry into Tribal Clashes in Kenya (commonly referred to as Akiwumi Commission). 3 It was mandated to investigate the tribal clashes that had occurred in various parts of the country from 1991, with a view of establishing or determining, inter alia, ‘the origin, the probable, the immediate and the underlying causes of such clashes’. The Akiwumi Commission carried out investigations between 14 July 1998 and 11 June 1999. It submitted its report to the President in August 1999 but the report was not released to the public until towards the end of 2002, when the High Court ordered its release. 4 Indeed, the government not only delayed the release of the Akiwumi Report for a span of around three years, but it also ignored and contested the findings of the Commission. 3 See Gazette Notice No. 3312 of 1 July 1998. 4 See Roshanali v Republic 2 REPORT OF THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION
Volume III Chapter ONE 4. Thus, although the government had as early as 1992 acknowledged that ethnic tension was rife in the country it did not take adequate measures to address the issue. The impact of this failure would, coupled with other factors, contribute to the vicious and large scale violence that took place in the country following the disputed presidential election of 27 December 2007. The violence had a distinct ethnic dimension. Therefore, with 1,133 people dead, and more than 350,000 internally displaced during the PEV, the phenomenon of ethnic tension could not be ignored anymore. 5. As such, addressing the question of ethnic tension and violence was top in the agenda of the Kenya National Dialogue and Reconciliation. The NCIC and this Commission were established with complementary roles in dealing with the problem of ethnic tension. 6. For this reason, section 6(s) of the TJR Act mandated the Commission to ‘inquire into the causes of ethnic tension and make recommendations on the promotion of healing, reconciliation and coexistence among ethnic communities’. 7. This Chapter documents the main causes and effects of ethnic tension in Kenya. The chapter is based mainly on testimonies that the Commission heard during its hearings across the country. In addition to holding such hearings, the Commission also organized a thematic hearing on ethnic tension and violence on 2 February 2012 in Nairobi. During this thematic hearing the Commission heard presentations by experts and relevant institutions such as: the National Cohesion and Integration Commission (NCIC). The objective of the thematic hearing was well summarized by Commissioner Berhanu Dinka during the opening of the hearing. He said: In the last ten months, the Commission has travelled the length and breadth of this country. We have listened to testimonies of victims and witnesses of ethnic clashes and political or electoral violence. The stories are sad and revealing. Today, the thematic hearing seeks to further interrogate the issue of ethnicity and its nexus with violence, governance, political transition and distribution of resources. 5 8. This Chapter should be read together with two other Chapters contained in this Report: The Chapter on ‘Economic Marginalisation and Violations of Socio- Economic Rights’ which deals in great detail with the nexus between ethnic relations and economic marginalisation; and the Chapter on Land and conflict which deals in great details with the nexus between ethnic relations and land relate grievances. The next Chapter in this Volume focuses on a case study of the intersection between ethnic relations, land and politics. 5. TJRC/Hansard/Public Hearing/Thematic Hearing on Ethnic Tension and Violence/Nairobi/2 February 2012/p. 2 REPORT OF THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION 3
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