688. In Nairobi the attacks
were systematic because they covered all the major informal settlements in Nairobi: Kibera,
Mathare and Dandora.
There is evidence
of the input
of substantial private
resources that helped
organize and sustain
the violence. Indeed,
local politicians and
business people financed the
violence.
689. An
indicator that the
violence was planned
and organised is the fact
that much of
the violence was
perpetrated by organised
illegal gangs. As
already stated in
this report, many
informal settlements are
balkanised along ethnic lines. The majority of gangs that operate in each area
are also
organized along ethnic
lines. We were
informed of the
following gangs: Siafu,
Mungiki, Bhukungu, Taliban,
Mungiki and Jeshi
la Darajani. This
set up makes
it easy to
target a particular
ethnic community using a criminal ethnic gang.
690. In many cases, some of the attackers were not residents
of the area‐
though they colluded with locals to
identify victims and
property for looting.
This suggests that
they were transported
or deliberately moved from their
areas of residence to mete out violence elsewhere.
691. In the South Rift Region as demonstrated elsewhere in
this report, the attacks were widespread
and systematic. They targeted specific communities. Those targeted for
the attacks were members of non‐Kalenjin communities
mainly members of the Kikuyu
and Kisii Communities.
The attackers took time to identify specific homes and
premises for attack. In addition, PNU supporters and some government officers were also targeted. There
were reports of training and oathing of the youths by former and retired local security officers
from the community in the region's forests and the farms of well known leaders from the region.
692. In the North Rift region, again as described else where
in this report, the attacks were systematic
and widespread. They
largely targeted members
of the Kikuyu
community. The following
information suggests that the post-2007 election violence in parts of
the North Rift region was pre-planned.
693. This, then, is the basis of our finding that crimes
against humanity under Customary International
Law were perpetrated in Kenya
during the material period. While we cannot find express policy on the
part of the
state or an
organisation to commit
attacks or counter-attacks, the systematic (in organisation
and planning) character of
the violence persuades
us that crimes
under Customary International Law did take place.
The full report is displayed below. (We haven't got the Annex in which the names of those who organised and paid for the violence are divulged.)
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It is very unfortunate when even organizations such as the KNCHR fail to represent the interests of all the countries citizens but get entangled in partisan politics and agendas.