Fred Mukinda
13 July 2008
Nairobi — Government officials have presented contradictory reports on deaths occasioned by the post-election violence to the Commission of Inquiry into Post-election Violence chaired by Justice Philip Waki.
The police presented statistics to the Commission showing 616 people were killed in the violence, while a report from the Internal Security ministry showed that more than 1,200 people had died.
While making the presentation on Thursday, Internal Security PS Francis Kimemia however read that "more than 616 had lost their lives", prompting Justice Waki to question the contradiction. The PS finally asked the Commission to go by the police figures.
In a signed statement, Mr Kimemia also indicated that more than 350,000 people were displaced while Maj-Gen Ali put the figure at 266,104.
The Commission of Inquiry into Post-election Violence began its hearings on Wednesday. The Commission has the legal mandate to investigate the facts and circumstances surrounding the acts of violence that followed last year's General Election.
It comprises Court of Appeal Judge Waki, Mr Gavin McFadyen from New Zealand and Mr Pascal Kambale from the Democratic Republic of Congo.
Murder cases
The police chief, who was the first to testify before the Commission on Wednesday, also gave the status of investigations into offences committed during the post-election violence through a presentation by Deputy Director of Investigations Francis Okonya.
Mr Okonya informed the Commission that out of the 616 killings, nine cases had been taken to court. He also said that seven murder cases are pending in court in Rift Valley, one in Nyanza and another in Western.
The police report showed 396 deaths occurred in Rift Valley, 104 in Nyanza, 61 in Western, 28 in Nairobi, 24 in Coast and three in Central province. Nineteen suspects have been charged with murder, including 12 in the Rift Valley, six in Western and another from Nyanza.
In total, the Police Commissioner said that 499 people had been charged in court with serious crimes including murder, robbery, malicious damage to property and incitement to violence.
Other offences include breaking and stealing, taking part in riots, conveying suspected stolen property, assault, stealing stock, preparation to commit a felony, arson and possession of offensive weapons.
Maj-Gen Ali revealed to the commissioners that 181 people in Rift Valley have been charged with serious offences, 111 in Western, 51 in Nairobi, 48 in Nyanza and 108 in Coast.
The Waki Commission's other core task is to "investigate the actions or omissions of state security agencies during the course of the violence, and make recommendations as necessary."
Towards this end, the Independent Medico-Legal Unit (Imlu) presented a report before the Commission that they had released earlier this year. It accused the country's security forces of being behind shootings in which several people were killed.
Their report was based on postmortem reports for 80 people killed in the violence.
Causes of death
Imlu's programme manager Joan Wanjiru, and its executive director, Samuel Muhochi, defended the report before the Commission.
The report said that 43 per cent of the bodies examined had bullet wounds. Of those shot, the report further claimed, 29 per cent were shot by security forces.
Imlu, a local non-governmental organisation, also claimed that of the bodies examined 20 per cent of the dead were from Rift Valley, 38 per cent from Nairobi and 91 per cent from Western. All bodies examined in Kisumu had bullet wounds, it stated.
The police force, represented by lawyer Evans Monari, disputed the Imlu report saying postmortem reports revealed causes of death but not those responsible.
Maj-Gen Ali had also told the Commission that where his officers used live ammunition, it was in accordance with the laws of Kenya and other international conventions.
The Commission is expected to come up with measures to prevent, control or eradicate the occurrence of similar acts of violence in the country in future.
The final report should also recommend legal, political and administrative measures that will eradicate impunity and promote national reconciliation.
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