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A Prologue to Ethnic Diversity in Eastern Africa Kimani Njogu The December 27th 2007 general elections in Kenya were the tenth since the country attained sovereign status in 1963. Between June 1963, when Kenya achieved self government, to December 2002, when the National Rainbow Coalition (NARC) won the elections, the country was ruled by the Kenya African National Union (KANU). For most of that period Kenya was either a de facto or a de jure one party state1 . Disturbingly, since the reintroduction of multi-party political participation in 1991, Kenya has experienced violence with ethnic ramifications before, during and after elections The violence takes different forms such as disruptions of campaign rallies, eviction of citizens from their homes or constituencies, verbal threats and intimidation, looting, abductions, arson and destruction of property, torture, physical assault, obstruction of voting or nomination processes and death. It is preceded by ethnic hate speech, distribution of leaflets warning of dire consequences if targeted individuals and communities do not vacate their homes and extensive political mobilization based on ethnic identity. Around the 1992, 1997, 2002 (to a lesser degree), and 2007 elections. Kenyan citizens were internally displaced and injured or killed because of their ethnic backgrounds and due to their decision to vote for an ‘alternative’ candidate. Most violence is perpetrated by party supporters, political aspirants, organized groups and youth wingers. Whereas between 1992 – 2002, most election related violence in Kenya occurred at the pre-election phase during the time of voter registration, party campaigns and nominations, the 2007 elections were characterized by excessive violence, and crimes against humanity especially after the declaration of Mwai Kibaki of the Party of National Unity (PNU) as president in the contested results. Four events would need to be considered in our efforts to understand the 2007/2008 post election violence. First, the two main presidential candidates (Mwai Kibaki and Raila Odinga) had combined forces in 2002 to remove Daniel Arap Moi from power. Apparently, a Memorandum of Understanding (MOU) was signed by the coalition partners but later ignored once Kibaki became President. Although the President was not legally bound to the MOU, the political ramifications of his action were mammoth and between 2003 and 2007 his government was under PROLOGUE vii siege. Second, the 2005 Referendum on the Proposed Constitution had the effect of polarizing the country along ethnic lines; a situation that was replayed during the 2007 campaigns. Thirdly, the 1997 Inter Parties Parliamentary Group (IPPG) agreement required that political parties be consulted during the appointment of Commissioners to the Electoral Commission of Kenya (ECK) . However, when the terms of some of the ECK Commissioners ended in 2007, the president made appointments without reference to the other political parties. Fourthly, is the lack of trust in institutions of governance such as the judiciary. According to the current Constitution, leaders of the opposition Orange Democratic Movement (ODM) party under Raila Odinga were supposed to go to court if they were dissatisfied with the results of the polls but they refused to do so. This was mainly because the judiciary has over the years been perceived as not a true arbiter in electoral grievances. This lack of confidence in institutions of governance has accumulated since the 1960s and exploded most violently in 2007/2008 after the hotly contested polls. Notwithstanding claims to election rigging, the incumbent Mwai Kibaki was declared the winner by the Electoral Commission of Kenya (ECK) and sworn in by the Chief Justice. ODM argued that ECK had been compromised and election results tampered with. The Party did not concede defeat and called for mass action across the country. Mwai Kibaki moved on to consolidate his position by appointing a partial cabinet, bringing into government the third largest party—ODM-Kenya—and appointing its leader Kalonzo Musyoka, the Vice President. This initial coalition ensured that Kibaki had a significant following across the country and increased the number of Members of Parliament that would support his agenda. Meanwhile the country was on fire and hundred of thousands of citizens were displaced and subjected to grievous harm. The transport system was paralysed across the region and Kenya was on the brink of a devastating civil war as revenge attacks got underway. The country ‘cooled down’ after the African Union mandated Panel of Eminent African Personalities (PEAP) headed by former United Nations General Secretary Mr. Kofi Annan brokered a National Accord setting the stage for the formation of a Coalition Government, the establishment of the post of Prime Minister to...

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