Global Centre for the Responsibility to Protect Occasional Paper Series No. 4, December 2013 “ R2P in Practice”: Ethnic Violence, Elections and Atrocity Prevention in Kenya Abdullahi Boru Halakhe The Global Centre for the Responsibility to Protect was established in February 2008 as a catalyst to promote and apply the norm of the “Responsibility to Protect” populations from genocide, war crimes, ethnic cleansing and crimes against humanity. Through its programs, events and publications, the Global Centre for the Responsibility to Protect is a resource and a forum for governments, international institutions and non-governmental organizations on prevention and early action to halt mass atrocity crimes. Acknowledgments: This Occasional Paper was produced with the generous support of the government of the Federal Republic of Germany. About the Author: Abdullahi Boru Halakhe is a security and policy analyst on the Horn of Africa and Great Lakes regions. Abdullahi has represented various organizations as an expert on these regions at the UN and United States State Department, as well as in the international media. He has authored and contributed to numerous policy briefings, reports and articles on conflict and security in East Africa. Previously Abdullahi worked as a Horn of Africa Analyst with International Crisis Group working on security issues facing Kenya and Uganda. As a reporter with the BBC East Africa Bureau, he covered the 2007 election and subsequent violence from inside Kenya. Additionally, he has worked with various international and regional NGOs on security and development issues. Cover Photo: Voters queue to cast their votes on 4 March 2013 in Nakuru, Kenya. (Photo by Suleiman Mbatiah/Nation Media/Gallo Images/Getty Images) The views expressed in this Occasional Paper are those of the author and are not necessarily held by the Global Centre for the Responsibility to Protect. © Global Centre for the Responsibility to Protect, 2013. All Rights Reserved CONTENTS 3 Executive Summary 5 Introduction 6 Electoral Violence in Kenya 7 The 2007 Elections 9 Institutional Deficits, Reforms and Results 14 Justice and Accountability 16 The 2013 Elections and Future Challenges 18 Conclusion “R2P IN PRACTICE”: ETHNIC VIOLENCE, ELECTIONS AND ATROCITY PREVENTION IN KENYA Executive Summary On the last Monday of 2007 dozens of ethnic Kikuyu families political structure of Kenyan society. When the resulting crowded into the Assemblies of God church in the village agreement was publicly presented in February 2008, it of Kiambaa seeking sanctuary from the violence engulfing was hailed by some commentators as the first example of their country. A disputed election and simmering resentment “R2P in practice.” over decades of ethnic favouritism by the political elite had transformed Kenya from a perceived paragon of stability This occasional paper by the Global Centre for the in East Africa into a killing zone. Just days after allegedly Responsibility to Protect examines the causes of widespread fraudulent election results had been released in late December ethnic violence in Kenya during 2007-2008 and explores more than 250 people were already dead, many killed by mobs why the country was able to avoid similar violence during armed with machetes and knives. The 400 people crowding the March 2013 election. In particular the author, Abdullahi into the Kiambaa church were terrified they might be next. Boru Halakhe, focuses on the range of reforms implemented, often with international assistance, by the Kenyan government On Tuesday, in broad daylight, a crowd of ethnic Kalenjins, between 2008 and 2013. The report assesses the effectiveness Luhyas and Luos surrounded the church, blocked the exits of these preventive measures in protecting ordinary Kenyans and set the building on fire. Most of the Kikuyu families inside from a recurrence of the sort of mass atrocity crimes, like were able to fight their way out and flee. However, at least the church burning at Kiambaa, which so shocked Kenyans thirty-five people were killed including a number of women and the world. and children who were burned alive. As the international media came to document the horror at Kiambaa, an elderly The report argues, however, that Kenya’s reform process is professor spoke for many Kenyans when he said that the inchoate. In particular, there has been no accountability for scene at the church, “reminds me of Rwanda.” those suspected of being most responsible for orchestrating mass atrocity crimes following the 2007 election. While a Unlike Rwanda in 1994, Kenya did not descend into genocide, highly contentious process of trying the current President, but the ethnic violence lasted weeks and claimed 1,133 Uhuru Kenyatta, and Vice President, William Ruto, at the lives. Hundreds of thousands of Kenyans were displaced International Criminal Court is underway, justice continues or injured. The fact that the bloodletting was eventually to be denied to the victims of the post-election violence. This halted was due in no small part to the efforts of international paper seeks to explain how and why particular preventive mediators, including former UN Secretary-General Kofi efforts succeeded in Kenya in 2013 and what that means for Annan. Weeks of negotiations led to a power-sharing the future of the Responsibility to Protect. government and the promise of deep reforms to the entire OCCASIONAL PAPER SERIES | 3 “R2P IN PRACTICE”: ETHNIC VIOLENCE, ELECTIONS AND ATROCITY PREVENTION IN KENYA e 36° 37° 38° 39° 40° Guenal 41° 42° Negēlē SOUTH Konso SUDAN Administrative 5° Boundary 5° Yabelo KENYA Houdat D Kelem aw a Ch'ew Bahir Todenyang ETHIOPIA Banya Sabarei Lokichokio Mega Dolo Odo Sibiloi National Park 4 4 ° Lake Turkana Banissa ° Ramu Mandera Kakuma (Lake Rudolf) Kaabong Lokwa Kangole Central I. Central Island N. P. Moyale Takaba North Horr Lodwar 3 3 ° l ° e El Wak w Buna k Loiyangalani El Beru Hagia r u South I. T Moroto South Island N. P. Lokichar Marsabit Marsabit National Park UGANDA Tarbaj 2° Lokori EASTERN Girito 2° South Turkana Nat. Reserve L. Bisinga Baragoi Wajir L. Oputa Losai National Reserve m a Laisamis u S RIFT VALLEY L aga B o r Tot Mbale Mount Elgon N. P. Maralal Game Sanctuary Maralal Log Dif 1 Kitale o a 1 ° ir Habaswein Bo ° Archer's g' g Kisima a SOMALIA Post o N l Lorule Ewas Tororo WESTERN L. Baringo Mado Gashi Webuye Eldoret Busia Marigat Shaba Nat. Res. NORTH- Kinna Liboi Butere Kakamega Nyahururu Isiolo EASTERN Bisanadi a (Thomson's Falls) Meru er Bilis Qooqaani Nanyuki Nat. Res. Rahole Nat. Lak D Meru Nat. Reserve Solai Hagadera L 0° Kisumu Mt. Kenya Park 0° a Londiani 5199 m k T e Nakuru Mt. Kenya Nat. Park North Kora National a na Aberdares Kericho Molo Kitui Reserve Nyeri N. P. Mfangano I. Nat. Garissa V Homa Bay Gilgil Res. i CENTRAL Embu c Kisii t Naivasha o NYANZA Murang'a r L. Naivasha Nguni i a Masinga 1 Thika Mwingi 1 ° Migori Narok Reservoir Bura ° NAIROBI Kolbio Buur Gaabo AREA Arawale Nat. Res. Nairobi Kitui Hola Kaambooni Musoma Masai Mara Nat. Res. Machakos Boni Nat. Res. A t h Tana River Primate Nat. Res. i L. Magadi Kajiado South Kitui Nat. Res. Dodori Nat. Res. Magadi Sultan-Hamud 2° 2° KENYA Garsen Lamu Pate I. Lake Kibwezi Lamu I. Manda I. Natron Namanga Amboseli Nat. Park COAST L. Amboseli Mtito Andei Tsavo East National Park Ungama Bay Tsavo 3° Kilimanjaro Galana 3° 5895 m Tsavo Tsavo West Malindi Moshi Nat.Park Arusha Voi National capital Taveta Provincional capital Kilifi INDIAN Nyumba Ya Mungi Town, village Reservoir Mariakanii OCEAN Airport 4° Same 4° International boundary Mombasa Shimba Hills Nat. Park Provincional boundary Main road The boundaries and names shown and the designations Secondary road UNITED used on this map do not imply official endorsement or Moa acceptance by the United Nations. Other road or track REPUBLIC OF 5° Railroad TANZANIA Wete 0 50 100 150 5° Tanga Korogwe 0 25 50 75 100 mi 34° 35° 36° 37° 38° 39° Pemba I. 40° 41° 42° Map No. 4187 Rev. 3 UNITED NATIONS Department of Field Support December 2011 Cartographic Section 4 | GLOBAL CENTRE FOR THE RESPONSIBILITY TO PROTECT “R2P IN PRACTICE”: ETHNIC VIOLENCE, ELECTIONS AND ATROCITY PREVENTION IN KENYA INTRODUCTION On 4 March 2013 Kenyans voted in their first election efforts were focused on reforming institutions within the since widespread violence following the December 2007 security sector, judiciary and electoral commission, as well presidential election shocked the world. The peaceful 2013 as tackling accountability and the prevalence of hate speech. election contrasted sharply with the violence that erupted in 2007, when within hours of the announcement of the Despite instituting preventive measures over the course of results protests turned violent and mass atrocities were several years, as the country moved towards the 2013 elections committed. In less than two months 1,133 Kenyans were there remained gaps in the implementation of key reforms. killed and over 600,000 driven from their homes while more Reforms to the security sector stalled and prosecutions for than 110,000 private properties were destroyed in fighting crimes committed during the 2007 post-election violence that occurred mainly between ethnic Kikuyus, Luos and were slow and sporadic. Furthermore, certain risk factors Kalenjins in the Rift Valley, Mombasa and urban informal were almost entirely ignored, such as the need for genuine settlements. The perpetrators included individuals, militias land reform to tackle grievances over inequity in land and police with victims often targeted on the basis of an ownership and access. This, coupled with rising inter- assumed connection between their ethnicity and support communal violence that killed 480 people in Tana River, for a particular presidential candidate. Moyale, Turkana, Samburu and other counties during 2012, raised the specter of a possible recurrence of widespread The crimes perpetrated during the deadly violence following bloodshed during the 2013 elections.