Cabinet 30 July failed to decide on establishment of special tribunal into perpetrators of post-2008 election violence, pledged instead to try suspects through local courts after judicial reform drive and, hinting at ICC option, reaffirmed commitment to Rome Statute obligations. Mediator Kofi Annan 9 July handed suspect list to ICC. 3 foreign aid workers kidnapped from border town 18 July by gunmen, taken into Somalia. Govt 21 July announced plans to reinforce eastern border as violence in Somalia rose.

ODM and PNU delegates travelled to Geneva earlymonth for UN Human Rights Council debate on UN rapporteur Alston report into systematic violence by Kenyan police; in contradictory statements ODM praised report’s exposure of violence, PNU claimed findings unsubstantiated. Mediator Kofi Annan early-month announced govt has until Aug to establish special tribunal into election violence before suspect list handed to ICC. UNHCR announced some 7,000 Somali refugees crossing into Kenya per month to heavily overcrowded camps in Dadaab. 17 Somalis charged with piracy by Mombasa court 11 June. 5 managers from Triton Petroleum Company charged in anti-corruption court for $100m regional fraud scandal.

Further angry exchanges between coalition partners ODM and PNU, centring on parties’ contending proposals for constitutional reform to be submitted to parliamentary expert committee; deadline for submissions extended 25 May. ODM condemned PNU’s “minimum reform” approach and proposals for hybrid presidential-parliamentary system as “cocktail of chaos”. Followed continued dispute over post of head of govt business. MPs called for AU and UN mediation in Kenyan- Ugandan dispute over Migingo islands following statement from Ugandan President Museveni 11 May claiming ownership of surrounding waters (see Uganda). Further Somali pirates apprehended by EU states handed to Kenya to face trial.

Strains within coalition govt continued to worsen. Early month crisis talks collapsed 4 Apr, with PM Odinga’s team accusing President Kibaki of unwillingness to engage on policy and concerns over marginalisation of PM’s ODM party. Kibaki late Apr installed ally VP Kalonzo Musyoka as chair of parliamentary business committee, prompting outcry from ODM and call for fresh elections; Kibaki accused ODM of “fomenting a coup”. Parliamentary speaker 28 Apr named himself interim chair to ease stand-off. 2 ministers of Kibaki’s PNU party resigned over month, citing lack of consultation over reforms. Domestic tensions rose over Lake Victoria’s disputed Migingo Islands though diplomatic relations with Kampala largely calm; protesters in Kibera in Nairobi uprooted railway line to Uganda 15 Apr; MPs called on govt to declare Uganda a “hostile state”. 29 villages in Karatina, Central Province, executed by members of outlawed Mungiki sect 20 Apr, in revenge for killing of 15 members by vigilante group. Sect leader Maina Njenga arrested for ordering executions 28 Apr.

2 prominent activists documenting police violence, Oscar Kamau King’ara and Paul Oulu, murdered 5 March, sparking protests amid widespread accusations of police responsibility. Followed information-sharing meeting between the 2 men and UN rapporteur Philip Alston ahead of Alston’s 25 Feb report on police violence; 15 activists have since fled or in hiding. U.S. FBI offered to support investigation. Hundreds rallied in Nairobi demanding resignation of police commissioner: 1 killed, 3 police later arrested over death. Events added to mounting tensions in coalition govt over response to Alston report, risk of ICC trials for post-election violence suspects, PNU dominance in govt. ODM faction 3 March called on PM Odinga to renegotiate power-sharing accord. Kofi Annan arrived 11 March in effort to restart inter- party talks, 31 March at Kenya conference in Geneva stressed growing frustration at pace of reforms.

Parliament 13 Feb rejected constitutional amendment to create tribunal on 2007 post-election violence as MPs object over risk of unfair trials. Delay rules out possibility of its creation by 1 March, date Waki Commission report stipulated for suspects to be referred to ICC. Lead objector MP Gitobu Imanyara accused govt of blackmailing MPs in effort to force bill’s passage. PM Odinga announced deadline extended by 2 months, but mediator Kofi Annan 24 Feb stressed preparedness to pass suspects to ICC if tribunal not created within “reasonable” timeframe. UN special rapporteur Philip Alston following 10-day investigation mission 25 Feb presented report to govt detailing systematic arbitrary killings by police since 2007 and calling for firing of police chief and attorney general; govt rejected findings.

Fast passage of bill to create tribunal for 2007 electoral violence – hastily introduced to parliament 20 Jan to ensure passage by deadline established in Waki Commission report – blocked 30 Jan by MP Imanyara, formally on procedural grounds. Waki report states that names of suspected perpetrators of Dec 2007 violence to be passed to ICC if tribunal deadline missed; PM Odinga, seeking to defuse alarm, 1 Feb said deadline flexible, govt committed to implementation. Govt 9 Jan declared national emergency over continued food shortages, called for $406m donor aid; critics stress need for barriers against corruption.

President Kibaki and PM Odinga 17 Dec agreed to establish tribunal for post-election violence, meeting Waki Commission on Post-Election Violence deadline. Tribunal to be in place by 1 March; will have special status outside Kenyan courts’ jurisdiction. Agreement also includes police reforms. Parliament 16 Dec passed constitutional review act disbanding Electoral Commission of Kenya (ECK) in line with Waki report, 17 Dec formed constitutional review committee. Kibaki signed bill 24 Dec replacing ECK with new interim body. ECK announced intention to challenge ruling, staff protested loss of jobs. 31 Dec deadline for party registration under July Political Parties Act saw only 30 of some 168 parties in compliance; remaining face closure. Kibaki 2 Jan approved new media law despite U.S., international media concerns over potential to curb press freedom.

Cabinet 27 Nov approved Waki report on post- election violence, paving way for creation of local tribunal to prosecute those responsible. Waki report earlier rejected by both ODM and PNU MPs, but internal party divisions continued and Nov opinion polls showed strong popular support for full Waki implementation. EU threatened sanctions if Waki recommendations not implemented; ICC said ready to act on sealed list of names if Kenya failed to do so. Cabinet also adopted recommendations of Sept Kriegler report for reform of Electoral Commission of Kenya. ECK head Samuel Kivuitu 11 Nov obtained court order preventing disbanding of body, but overruled 28 Nov by parliament. Following reportedly brutal govt crackdown on Oct interclan fighting in northeastern Mandera region, govt announced arrest of over 150 Somali and Ethiopian militiamen and promised to investigate allegations of army rape and torture. Military presence increased in Mandera region in response to early-Nov abduction of 2 Italian nuns by suspected Somali Al-Shabaab insurgents; thousands fled in fear of fighting. UN mid-month warned of possible humanitarian crisis in Somali refugee camps in Dadaab in north east, as increasing numbers arrive from Somalia; refugee population now over 220,000.

Commission of inquiry into post-election violence, established as part of Feb 2008 power-sharing deal, 15 Oct reported to President Kibaki: found politicians on all sides stirred up violence, recommended creation of special tribunal to try those behind violence – charges may include crimes against humanity. Commission produced secret list of alleged high-level perpetrators, to be passed to tribunal or if no tribunal, International Criminal Court. List given to former UNSG Kofi Annan who strongly backed tribunal. Report said state security agencies failed to prepare for violence, police force in need of overhaul. Kibaki 20 Oct voiced support for amnesty in face of divisions within coalition govt parties on whether to implement tribunal, worries among some top ODM and PNU figures. Leaked draft of Kenya National Commission on Human Rights report into post-election violence named 219 individuals allegedly involved, including top officials. Parliament 23 Oct passed bill for truth, justice and reconciliation commission (TJRC). New inter-clan fighting mid-Oct killed up to 20 in Mandera in north east; at least 200 reportedly injured in brutal govt response. UN report 5 Oct said Kenya imported heavy weaponry without reporting to UN as stipulated in international agreements.