ABSTRACT

The National Accord and Reconciliation Act included the constitution of Commission of Inquiry on Post-Election Violence (CIPEV), which was led by Appeal Court Justice Philip Waki and was generally referred to as the Waki Commission. The complexity of the International Criminal Court (ICC) process and the case were evident to Kenya and the disparate ethnicities, but perhaps not so with both the ICC and international partners. The agreement created three commissions: the CIPEV; the Truth, Justice and Reconciliation Commission; and Independent Review Commission on the General Elections. As the first elections under the new 2010 constitution approached, another issue gained more and urgent attention: one of orderly power transition from Kibaki's administration to the next presidency. The five-year period between the elections of 2007 and the new government elected in 2013 saw near-seismic shifts in the ethnic relations between communities in Kenya. Ethnic violence, especially between the Kikuyu and the Kalenjin, has been evident in the era of one-party state.