Benjamin Muindi
15 June 2008
Nairobi — The commission of inquiry into the post-election violence is now set to begin its work after publishing in the Kenya Gazette the rules of conduct and proceedings on Saturday.
The commission will, at public meetings, receive and consider oral and written submissions by individuals, political parties, public and private organisations, the media, lobby groups and observers.
It is expected that at the end of three months, it will wind up its investigations and compile a report. "Any person who is in way implicated or involved in any matter shall be called as a witness to be informed of allegations against him and evidence in support should be provided," read the Gazette.
Witnesses will give evidence at any hearing under oath and the commission will have to cross-examine them.
The panel, chaired by Mr Justice Philip Waki, will seek to unearth the cause and the perpetrators of the post-election violence that rocked the country early this year.
Mr Justice Waki, Mr George Mong'are Kegoro (secretary), Mr David Shikomera Majanja (assisting counsel) and members Gavin Alistair McFadyen and Pascal Kambale had earlier been sworn in by Chief Justice Evan Gicheru.
"The commission has no illusions about the enormous task that lies ahead of us," said Mr Justice Waki after taking the oath of office at the Nairobi law courts.
"We will give it our best shot. We are raring to go."
The panel will be holding its sittings at the Kenyatta International Conference Centre, Nairobi, and other places it determines.
Our best shot
The chairman said that "the commission will look at cases currently with the police and decide what to do with them," but would not take them over.
His team, he pledged, would offer protection for witnesses with important information if they so wish.
According to the commission's terms of reference, it is to investigate the facts and circumstances related to acts of violence that followed the 2007 presidential election results. It is also to investigate the actions or omissions of the state security agencies during the violence and give recommendations where necessary.
The panel is to recommend steps to be taken to prevent or control a similar occurrence, as well as propose steps to be taken to bring to justice people responsible for criminal acts during the mayhem.
The team could also give its recommendations to the proposed truth, justice and reconciliation commission if it so wishes.
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