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Waki Commission spells out mandate

NAIROBI, June 23 – The Justice Waki-led Commission of Inquiry into post election violence Monday spelt out its terms of reference for its 90 days of work.

Justice Philip Waki told a news conference that public hearings will begin early July in different parts of the country including Nairobi, Mombasa, Kisumu, Nakuru and Eldoret among other towns.

The 5-member Commission is expected to investigate the omissions and actions of State security agencies and the actual causes of the violence.

Justice Waki said the commission will then make recommendations to prevent violence in future, reconcile, promote peace and ensure those involved in causing violence are brought to justice.

Waki said they will recommend legal, political and administrative measures.

During the investigations, he said the commissioners will question security organs such as the Internal Security Ministry, the National Security Intelligence Service and among others the Police Force. Security bosses will be factored in.

The Civil Society and other relevant organizations will also be approached to present their evidence before the commission.

The commission that was set up on 23rd May this year is also mandated to comprehensively investigate incidents of sexual violence, which Waki says have been overlooked during the crisis.

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"Sexual violence is the silent crime in situations of conflicts, it is often under-reported and under-investigated, this commission would like to provide an appropriate response to the problems of sexual violence," said Waki.

To ensure there is no contradiction of those already facing charges in relation to the election crisis, the chairman said the Commission will get information from the Attorney General over those already being held which they will evaluate to determine their involvement.

On the issue of amnesty, Waki said they could not make a definitive suggestion until they collect evidence which will have to be evaluated.

The Commission was sworn in on 3rd of June this year, and is expected to complete its work on 22nd August this year.

The Commission of Inquiry into Post Election Violence (CIPEV) is the third after the Truth Justice and Reconciliation Committee (TJRC) and the Independent Review Committee (Kriegler Commission).

The three have a common agenda of investigating the post election violence.

However Waki clarified the extent of their mandate is the distinct factor.

"The role of CIPEV, is to investigate the facts and surrounding circumstances in relation to the post election violence, this is a narrow mandate than the mandate which the proposed TJRC will have," he explained.

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