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Probe urges Kenya clashes court Probe urges Kenya clashes court
(39 minutes later)
An international tribunal should be set up in Kenya to try those implicated in clashes after December's disputed poll, an inquiry into the violence says.An international tribunal should be set up in Kenya to try those implicated in clashes after December's disputed poll, an inquiry into the violence says.
The commission found that in some areas, the violence was planned and organised with the support of politicians and businessmen.The commission found that in some areas, the violence was planned and organised with the support of politicians and businessmen.
A BBC reporter says the political split after the polls became an ethnic one, and Kenya neared a civil war.A BBC reporter says the political split after the polls became an ethnic one, and Kenya neared a civil war.
More than 1,500 people were killed and some 300,000 more fled their homes.More than 1,500 people were killed and some 300,000 more fled their homes.
Justice Phillip Waki headed the commission of inquiry which looked into the role of political parties and the state security forces in the violence. President Mwai Kibaki and then-opposition leader Mr Raila Odinga signed a power-sharing deal in February, forming a coalition government.
His report was presented to President Mwai Kibaki and Prime Minister Raila Odinga and will be made public immediately. The commission of inquiry was appointed following recommendations by the international mediation team lead by former UN Secretary General Kofi Annan.
After international mediation, President Kibaki and then-opposition leader Mr Odinga signed a power-sharing deal in February, forming a coalition government. Its report was presented to President Kibaki and Prime Minister Odinga and will be made public immediately.
The commission of inquiry was appointed following recommendations by the mediation team lead by former UN Secretary General Kofi Annan.
On Tuesday, the cabinet said it would implement the recommendations of another inquiry into electoral fraud which called for a radical overhaul of the electoral commission.On Tuesday, the cabinet said it would implement the recommendations of another inquiry into electoral fraud which called for a radical overhaul of the electoral commission.
'Systematic attacks'
President Kibaki assured Kenyans that the government would study the report carefully and said it would be discussed at the next cabinet meeting.
Guilty by association was the guiding force behind the deadly revenge attacks Justice Phillip Waki
"This report provides us with an opportunity to learn from the past in order to avoid future pitfalls. It marks an important step forward," President Kibaki said.
Justice Phillip Waki, who headed the commission which probed the role of political parties and the state security forces in the violence, gave a summary of his recommendations.
"The tribunal will have an international component in the form of the presence of non-Kenyans on the senior investigations and prosecutions staff," Justice Waki said.
What started as spontaneous violent reaction to the perceived rigging of elections, later evolved into well-organised and co-ordinated attacks on members of President Kibaki's community and Party of National Unity (PNU), he said.
"These were systematic attacks on Kenyans based on their ethnicity and their political leanings... Guilty by association was the guiding force behind the deadly revenge attacks," he said.
The commission found that the police force and other security organs were overwhelmed by the scale of violence and failed to act.
"This free for all was made possible by lawlessness stemming from an apparent collapse of state institutions and security forces," Justice Waki said.
The report also noted that the security forces failed to act on actionable intelligence on the likelihood of violence and other early warning signs.
WarningWarning
The BBC's Peter Greste in the capital, Nairobi, says when Kenyans started killing other Kenyans earlier this year, few observers saw it coming, with the country having experienced nothing like it for more than a generation.The BBC's Peter Greste in the capital, Nairobi, says when Kenyans started killing other Kenyans earlier this year, few observers saw it coming, with the country having experienced nothing like it for more than a generation.
It was only after diplomats led by Mr Annan stepped in to knock heads together that the temperature cooled.It was only after diplomats led by Mr Annan stepped in to knock heads together that the temperature cooled.
A key part of the deal was the Waki Commission, set up partly to find out what was behind the orgy of violence, but also to make sure it never happens again.A key part of the deal was the Waki Commission, set up partly to find out what was behind the orgy of violence, but also to make sure it never happens again.
Human rights say that in the past, the government has tended to ignore the findings of similar inquiries.Human rights say that in the past, the government has tended to ignore the findings of similar inquiries.
But they warn that the government cannot afford to do that this time round, if it wants to avoid another blood-bath.But they warn that the government cannot afford to do that this time round, if it wants to avoid another blood-bath.