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On Further Steps to Address Impunity for Post-Election Violence and ImproveAccess to JusticeTo the Government of Kenya• Fully fund and make operational the existing Witness Protection Agency.• Allocate the Directorate of Public Prosecutions sufficient funds to hire new civilianprosecutors and to train select well-performing police prosecutors to join the State LawOffice.• Comply with court orders in civil cases providing for compensation to victims.• Establish a national reparations program to provide reparations for victims of humanrights violations.To the Kenya National Police• Publicly release the results of any internal inquiries conducted into police conductduring the post-election violence.• If such investigations have not been conducted, commence internal investigationsagainst police officers and units suspected of violations, including those adverselymentioned in the Waki Report and the Kenyan National Commission on Human Rightsreport. Suspend police who are found to be guilty of misconduct, and prosecute thosesuspected of crimes.• Ensure that the planned police vetting process provide civilians the chance to bringcomplaints against individual police officers, and that such complaints are taken intoconsideration in decisions on hiring and firing.• Strengthen training on investigations for members of the newly established Directorateof Criminal Investigation.To the Director of Public Prosecutions• Request additional funds for at least 400 new civilian prosecutors.• Allow private prosecutions by individuals and civil society organizations wishing toprosecute cases of post-election violence.To Parliament• Investigate allegations that corruption and political pressure influenced the attorneygeneral’s filing of nolle prosequis (motions to withdraw charges) in post-electionviolence cases.• Amend Section 21 of the Government Proceedings Act so that it no longer preventsenforcement of judgments against the government.7 HUMAN RIGHTS WATCH | DECEMBER 2011
To Parliament and President Kibaki• Ensure that anyone suspected of complicity in the post-election violence or otherserious human rights abuses is not appointed to the new position of inspector generalof police.To Parliament and the Finance Ministry• Ensure that sufficient funds are budgeted to the Directorate of Public Prosecutions forthe hiring of 400 new civilian prosecutors.To the Truth, Justice and Reconciliation Commission• Recommend the investigation of high and mid-level perpetrators in the post-electionviolence named before the commission.• Recommend that the government pay all civil damages awarded by courts in electionviolence related cases.• Order reparations for victims of post-election violence.“TURNING PEBBLES” 8
Page 1 and 2: Kenya“Turning Pebbles”Evading A
Page 3 and 4: Copyright © 2011 Human Rights Watc
Page 5 and 6: 3. Republic v. Charles Kipkumi Chep
Page 7 and 8: OCSODMOHCHRPEVPNUSBGVSLDFTJRCWKLSOf
Page 9 and 10: The ICC opened investigations into
Page 14 and 15: MethodologyHuman Rights Watch condu
Page 16: on their land. 5 In 1992 a parliame
Page 19 and 20: violent episode is often considered
Page 23: • The killing of District Officer
Page 26 and 27: The task force also visited differe
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Page 30 and 31: The Department of Public Prosecutio
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Page 37 and 38: ack to our land.” 107 One impact
Page 40 and 41: Later the same day, according to po
Page 42 and 43: trial, the prosecutor presented no
Page 44 and 45: In Nakuru district, a murder case,
Page 46 and 47: 2. Republic v. John Kimita Mwaniki
Page 48 and 49: A murder case in Timbaroa, Republic
Page 50 and 51: IV. Weaknesses in Investigations an
Page 52 and 53: Where police arrested suspects, the
Page 54 and 55: One police officer told Human Right
Page 56 and 57: witnesses to the court, including t
Page 58 and 59: put it into effect, but the governm
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should not necessarily have resulte
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This would appear to clear the way
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Most shootings were unlawful under
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I live in Chebilat Manaret town. On
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Some semblance of an internal inves
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justice, they were told either that
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laborer who washed cars for a livin
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Police ReformsKey to improving tran
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Judicial ReformsKenya has made nota
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expertise the Kenyan judicial syste
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heard from the police again—check
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such reparations. Civil society org
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AcknowledgmentsThis report was rese
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Bungoma (One court case researched)
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537/08 Barnabas Tiony Arson Acquitt
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95/08 Wesley Kipsang Korir Robbery
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Naivasha (Four court files research
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182/08 Daniel Moyi Makhopoand Domin
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Appendix II: Letter to Commissioner
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95 HUMAN RIGHTS WATCH | DECEMBER 20
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