Kenya – A Year after the Crisis: The Quest for Electoral Reform and Transitional Justice

This briefing by the Institute for Security Studies examines the aftermath of Kenya's 2007 post-election violence, focusing on the challenges of implementing electoral reforms and transitional justice. It analyzes the findings of the Kriegler and Waki Commissions and the political tensions within the Grand Coalition Government regarding the prosecution of perpetrators versus the granting of amnesty.

• The 2007 presidential election in Kenya resulted in widespread violence that killed an estimated 1,200 people and internally displaced approximately 350,000 people over a six to seven week period. The violence affected Nairobi, Mombasa, Kisumu, Eldoret, and parts of the Rift Valley, Nyanza, Western, and Coastal Provinces.
• The Independent Review of Elections Commission (IREC), or Kriegler Commission, found the 2007 elections to be 'materially defective', citing a defective voter register and evidence of ballot-stuffing, bribery, and organized impersonation. The report concluded that it was impossible to establish true or reliable results for the presidential and parliamentary elections.
• The Commission of Inquiry into Post-Election Violence (CIPEV), known as the Waki Commission, warned that Kenya could become a 'failed state' if those who benefited from the chaos do not abandon their methods. The commission highlighted the failure of state security agencies to contain the violence and noted that some agency members committed gross human rights violations.
• A central political conflict exists over whether to prosecute perpetrators of the violence or grant amnesty. While the Minister of Justice, Martha Karua, argues for prosecution to uphold the rule of law, Minister of Agriculture William Ruto has advocated for amnesty. The Waki Report warns against 'blanket amnesty' and suggests that perpetrators must confess their roles to receive it.
• To ensure accountability, the Waki Commission recommended the establishment of a Special Tribunal of Kenya. A 'sunset clause' was included: if the Tribunal is not established, a list of those bearing the greatest responsibility for crimes will be forwarded to the Prosecutor of the International Criminal Court (ICC).
• The document attributes the root causes of the violence to the 'ethnicisation' of the Kenyan state and a 'winner-takes-all' Westminster model of governance. This system has historically allowed a few ethnic groups—specifically the Kikuyu and Kalenjin—to dominate the presidency since 1963, marginalizing other groups.
• The economic impact of the post-electoral crisis was severe, with national losses from trade, tourism, and agricultural exports estimated at nearly US$30 million per day, totaling approximately US$2 billion over the two-month period from late December 2007 to February 2008.

APA

Murithi, T. (2009). Kenya – A Year after the Crisis: The Quest for Electoral Reform and Transitional Justice. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/SITREPKENYA160109.PDF

Chicago

Murithi, Tim. Kenya – A Year after the Crisis: The Quest for Electoral Reform and Transitional Justice. Institute for Security Studies, 2009. https://issafrica.s3.amazonaws.com/site/uploads/SITREPKENYA160109.PDF.

Wikipedia

{{cite report |last1=Murithi |first1=Tim |title=Kenya – A Year after the Crisis: The Quest for Electoral Reform and Transitional Justice |publisher=Institute for Security Studies |date=14 January 2009 |url=https://issafrica.s3.amazonaws.com/site/uploads/SITREPKENYA160109.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{murithi2009kenya, author = {Murithi, Tim}, title = {{Kenya – A Year after the Crisis: The Quest for Electoral Reform and Transitional Justice}}, institution = {Institute for Security Studies}, year = {2009}, month = jan, url = {https://issafrica.s3.amazonaws.com/site/uploads/SITREPKENYA160109.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }