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Report of the Commission of Inquiry into Post-Election Violence (CIPEV)
Waki Report
October 15, 2008

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Introduction

The Commission of Inquiry into the Post Election Violence (CIPEV) began on 23rd May 2007 with an announcement published in the Kenya Gazette Notice No.4473 vol. cx-no.4. The members of the Commission as appointed were its Chair, Mr. Justice Philip Waki, a judge of Kenya's Court of Appeal and two Commissioners, Mr. Gavin McFadyen and Mr. Pascal Kambale respectively nationals of New Zealand and the Democratic Republic of Congo respectively.

Two Kenyans, Mr. David Majanja and Mr. George Kegoro, were appointed the Counsel Assisting the Commission and Commission Secretary. The international members of the Commission arrived in Nairobi within a week of the publication of the Gazette notice. As required by law, the Commission took an oath of office before the Chief Justice on 3rd June 2008. The Commission held its first press conference the same day.

Both the Government of Kenya (GOK) and the multi donor Trust Fund for National Dialogue and Reconciliation, managed by the United Nations Development Programme (UNDP), funded the Commission's work. The former provided the Commission with office space, security, and transport, while the latter paid the Commission's expenses, including staff costs. The GOK also assisted the Commission during field visits and hearings. In addition, the Commission received support from the Nakuru, Eldoret, Kisumu and Mombasa local authorities as well as from several religious organizations during its field visits. Assistance included various types of facilitation from the Anglican Church of Kenya's Naivasha Diocese and the Catholic Dioceses in Nakuru, Kisumu.

Initially the Commission attended to a number of logistical and administrative matters before beginning its substantive work. These included obtaining office space, hiring staff, and collecting background documents. One time consuming matter that kept the Commission from immediately addressing its substantive work was the lack of office space. This was something the Commission did not and could not have anticipated. The Panel of Eminent African Personalities kindly assisted with temporary quarters even though they were not formally responsible for the Commission. However, it took three weeks of discussions with the Panel and various government officials until the Commission was properly settled and was able to clarify which entities would provide the logistical support needed to move forward.

During this period, the Commission assembled background documents and other necessary material. The Commission also identified, interviewed and completed staff recruitment. A full list of Commission staff is annexed. To ensure the independence of its investigators, the Commission advertised locally and internationally for these positions. For the same reason, the Commission decided that the head of its team of investigators should be an international rather than a local. The Commission recruited a Canadian, Robert Grinstead, for this post. Later, the Commission also recruited an international consultant, Dr. Suzanne Mueller, a political scientist.

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