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This report, based on interviews with victims of the post-election violence, police officers,defense and prosecution lawyers, judges, local officials, civil society organizations andothers, and analysis of 76 court files, documents the difficulties faced by election violencevictims in obtaining access to justice in Kenya. It identifies the principal weaknesseswithin the criminal justice system that have contributed to the paltry number ofconvictions, including police officers’ unwillingness to investigate and prosecute theircolleagues; the poor quality of investigations in general; incompetence on the part ofsome police prosecutors; political influence and corruption to subvert the judicial process;and the absence of an operative witness protection system.Given concerns about the independence and competence of the Kenyan justice system,and the evidence documented in this report, the CIPEV’s recommendation for a specialtribunal remains relevant and urgent. Human Rights Watch calls on the Kenyan governmentto establish special mechanisms within the Kenyan judicial system to investigate andprosecute the most serious election-related crimes, either as international crimes or asserious ordinary crimes. Cases against lower-level perpetrators or for less serious crimescould be dealt with through either a special mechanism or the ordinary courts.Kenya’s police and judicial sectors should also learn from the past and make necessaryreforms. Numerous nongovernmental organizations (NGOs) and independent commissions,including the CIPEV, have recommended reforms that are now commonly agreed upon asnecessary. Among those that appear most urgent in light of failed prosecution of electionviolence are: improving police investigations capacity; replacing police prosecutors withlegal professionals; and vetting police, excluding from service those known to havecommitted human rights abuses.The government should immediately provide full funding to the existing Witness ProtectionAgency and ensure that it is robust, credible, and has the option of relocating at-risk, highvaluewitnesses outside Kenya. The Witness Protection Agency will have to prove itselfbefore many election violence witnesses are willing to testify in court. Its activation shouldbe an urgent priority.Under international law, Kenya has an obligation to prosecute serious international crimes,and all victims of such crimes have the right to an effective remedy and access to justice.Providing redress for post-election violence victims is a requirement, not an option. Nearlyfour years after the violence, victims have been waiting for justice for far too long.5 HUMAN RIGHTS WATCH | DECEMBER 2011