On 1 July 1998, President Moi appointed a judicial commission of inquiry to investigate ethnic conflict in Kenya, including that which occurred in the Rift Valley in 1992 and 1997, the Coast province in 1997, and the areas of Molo and Laikipia in 1998 (KBC Radio 1 July 1998; The Nation 5 July 1998; ARB July 1998, 13189; HRW Dec. 1998; Country Reports 1999 2000). The Commission on Ethnic Clashes, also referred to as the Akiwumi Commission, was to

establish the origin, immediate and underlying cause of the conflict. It will also investigate the action taken by law enforcement officers during the clashes, and their level of preparedness to contain them. The commission will recommend possible prosecution and further criminal investigations against any persons who may have committed offences related to the clashes (ARB July 1998, 13189).

Appeal Court Judge Akilano Akiwumi was appointed chair of the commission (HRW Dec. 1999; The Nation 5 July 1998). Other commission members included Mr. Justice S. E. O. Bosire of the Court of Appeal, and High Court Judge Sarah Ondeyo (ibid.). The commission sat for 194 days in Mombasa, Nakuru, Kisumu and Nairobi, and concluded in early June 1999 (ibid. 12 June 1999). According to the Immigration and Nationality Directorate of the UK,

The commission was held in public and heard evidence from all quarters, including accusations against senior politicians. Details of the inquiries' hearings were published verbatim in the press (Apr. 2000).

In late 1998, mid-way through its mandate, President Moi changed the commission's "aggressive prosecutor" John Naygah Gacivih to Deputy Attorney General Bernard Chunga, who was reportedly "more pro-government" (Country Reports 1999 2000). This change reportedly resulted in the commission being "less vigorous in calling witnesses to testify about the role of government officials," and "complaints by the Catholic Justice and Peace Commission that it was being prevented from testifying" (IND Apr. 2000; HRW Dec. 1999).

There are also reports that the independence and partiality of the commission was questioned throughout its tenure (The Nation 20 May 1999; ibid. 12 Feb. 1999). In February 1999, Professor Mazrui, a director of the Kenya Human Rights Commission, a non-governmental organization working in Kenya, refused to appear before the commission (ibid.). According to The Nation, Mazrui cited a "clear conflict of interest in the commission's operations since its initiator, President Moi, had adversely been mentioned locally and internationally in the perpetration of violence" (ibid.). A lawyer for a Catholic Diocese in the Rift Valley also questioned the impartiality of the commission, saying his clients were 'fearful' that the commission, a creation of government, would not grant the witness a fair hearing having adversely mentioned [the government] in his statement" (ibid. 20 May 1999).

Although the commission concluded its inquiry on 11 June 1999 (ibid. 12 June 1999), as of July 2000 no reports of the release of the report could be found in the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see the list of additional sources consulted in researching this Information Request.

Africa Research Bulletin: Political, Social and Cultural Series (ARB) [Oxford]. July 1998. "Kenya: Tribal Violence Inquiry."

Country Reports on Human Rights Practices for 1999. 2000. United States Department of State. http://www.state.gov/www/global/human_rights/1999_hrp_report/kenya.html [Accessed 24 July 2000]

Human Rights Watch (HRW). December 1999. Human Rights Watch World Report 2000. New York: Human Rights Watch.

Immigration & Nationality Directorate (IND), Home Office, UK. April 2000. Asylum in the UK: Kenya Assessment. http://www.homeoffice.gov.uk/ind/asylum/asylum_Kenya.htm [Accessed 24 July 2000]

KBC Radio [Nairobi, in English]. 1 July 1998. "President Moi Sets up Commission to Investigate Tribal Violence." (BBC Summary 3 July 1998/NEXIS)

The Nation [Nairobi]. 23 March 2000. "Kenya: Clashes Probe Member Gets Death Threats." (NEXIS)

_____. 21 February 2000. "Lawyers Demand Akiwumi Report." http://www.nationaudio.com/News/DailyNation/120299/News/News2.html [Accessed 24 July 2000]

_____. 12 June 1999. "Kenya: Commission Winds Up Hearing Sessions." (NEXIS)

_____. 20 May 1999. "Akiwumi Team Accused of Blocking Evidence." http://www.nationaudio.com/News/DailyNation/120299/News/News2.html [Accessed 24 July 2000]

_____. 12 February 1999. "Prof. Mazrui Snubs the Akiwumi Commission." http://www.nationaudio.com/News/DailyNation/120299/News/News2.html [Accessed 24 July 2000]

_____. 5 July 1998. "Kenya: Akiwumi Probe: Will the Truth Come Out?" (NEXIS)

Africa Confidential [London]
Amnesty International. 10 June 1998.

Kenya: Political Violence Spirals.

Amnesty International. Yearly Reports.

IRB Databases

Keesing's Record of World Events [Cambridge].

New African [London]

REFWORLD

Internet Sites including:

Africa Policy Information Centre

Kenya Human Rights Commission

Kenya News Online

Post Expressed Wired

USAfrica Online

Non-documentary sources:

Unsuccessful attempts to contact two other sources