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Kenya repeatedly promised to cooperate with the investigations.However, when the ICC prosecutor requested summons for six high-profile political and opinion leaders in December 2010 the government balked, opting for a series of political and legal acrobatics to try to postpone or prevent prosecutions.The Witness Protection Agency will have to prove itself before many election violence witnesses are willing to testify in court. Under international law, Kenya has an obligation to prosecute serious international crimes, and all victims of such crimes have the right to an effective remedy and access to justice.Providing redress for post-election violence victims is a requirement, not an option.Kenya’s police and judicial sectors should also learn from the past and make necessary reforms.Numerous nongovernmental organizations (NGOs) and independent commissions, including the CIPEV, have recommended reforms that are now commonly agreed upon as necessary.The limited success of cases in the ordinary courts shows that Kenyan authorities have been unwilling or unable to effectively prosecute post-election violence.In Uasin Gishu district, for instance, an epicenter of turbulence, no one has been convicted for at least 230 killings.

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This report, based on interviews with victims of the post-election violence, police officers, defense and prosecution lawyers, judges, local officials, civil society organizations and others, and analysis of 76 court files, documents the difficulties faced by election violence victims in obtaining access to justice in Kenya.Victims of rape, assault, arson, and other crimes similarly await justice.The Office of the Attorney General, through the Department of Public Prosecutions, has compiled lists of thousands of cases allegedly linked to the election violence, ranging from petty theft and rioting to rape and murder.It identifies the principal weaknesses within the criminal justice system that have contributed to the paltry number of convictions, including police officers’ unwillingness to investigate and prosecute their colleagues; the poor quality of investigations in general; incompetence on the part of some police prosecutors; political influence and corruption to subvert the judicial process; and the absence of an operative witness protection system.Given concerns about the independence and competence of the Kenyan justice system, and the evidence documented in this report, the CIPEV’s recommendation for a special tribunal remains relevant and urgent.

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