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23 May 2008

Kenya Government Gazette dated 2008-05-23 number 41

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                                          Published by Authority ofthe Republicof Kenya
                                                        (Registered as a Newspaperat the G.P.0.)          ,

Vol. CX—No. 41                                        NAIROBI,23rdMay,2008.

 GAZETTE NOTICE NO. 4473 -                                                                                       CITATION
               THE COMMISSIONS OF INQUIRYACT                                       IN EXERCISEof. the powers conferred on me by section:3 of the
                                                                               Commissions of Inquiry Act, 1, Mwai Kibaki, President and.
                                (Cap. 102)                -                    Commander-in-Chief of the Armed Forces of the Republic of Kenya,
     COMMISSION OF INQUIRY INTO THE POST-ELECTION. .                           do direct the commissioners to hold an inquiry with
                                                                                                                                w immediate effect.
          VIOLENCE FOLLOWING THE DECEMBER,                                   - I.” The terms of reference shall:be to-—
                2007 GENERAL ELECTION
                                                                                   (a) investigate the facts and surrounding circumstances related to
                             APPOINTMENT -_                                            acts of violence that followed the 2007 Presidential Election;
    IN EXERCISE of the powers conferred by section 3. of the
                                                                                   (6) investigate the actions or omissions of State security agencies
 Commissions of Inquiry Act, 1,. Mwai Kibaki, President and                           during the course of the violence, and make recommendations
 Commander-in-Chief of the Armed Forces of the Republic of Kenya,
                                                                                      as necessary;                  :
“being of the opinion thatit is in the public interest to do so, appoint a
 commission of inquiry to inquire into the post-election violence                  (c) perform any other tasks that the Commission’ may deem.
 experienced in Kenya after the General.Elections held on.27th                         necessary in fulfilling the foregoing terms of reference:
 December, 2007, to be headed by—’
                                                                                 (4) recommend —
    Philip Waki—(Judge ofAppeal);
                                                                                      (i)     measures to be taken to prevent, control or eradicate he
 as the-Chairman, and                                                                         occurrence of similar deedsin future;
    Gavin Alistair McFadyen,                                                          (ii), measures with regard to bringing to justice those persons
    Pascal K. Kambaie,       :                                                           . responsible for criminal acts;
 as commissioners, and                                                                (iii) measures to eradicate impunity and Promote national
                                                                                              reconciliation in Kenya.
    George Mong’are Kegoro,
                                                                                      (iv) Such other legal, political or administrative measures as
 to be the Secretary to the Commission, and
                                                                                            "the Commission may deem necessary;
    David Shikomera Majanja,
                                                                                 ‘(e) make such recommendations to the Truth, Justice and.
 to be Counselto assist the Commission.                                              - Reconciliation Commission as the Commission may deem
    Dated the 22nd May, 2008.                         .         ‘
    ~                                              -MWAIKIBAKI,               and to report its findings and recommendations within three months.
                                                           President.         2. In the dischargeofiits mandate, the Commission shall—
                                                                                  (a) receive views. from members of the public ‘and receive oral
                                                                                      and/or written statements from. any person with relevant
                                                                                     information, and may—                                .
                                                                                      (i)     use official reports of any-previous investigations;
                                                                                      Gi)    use any investigation report Y any institution or
                             - (Cap..102).                                                   ‘organization;                                    ‘
      COMMISSION TOINQUIRE INTO THE POST-ELECTION                                     (iii) carry out or cause to be cartied: ‘outsuch shidies or
  VIOLENCE EXPERIENCED IN KENY{A AFTER THE GENERAL                                          research in anyrelevant areas;

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