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Human Rights Assessment of the Violence in Tana Delta District

(This report is extracted from Kenya National Commission on Human Rights Report titled: 29 days of Terror in the Delta: A Human Rights Account into the Atrocities at Tana Delta. . ) The Kenya National Commission on Human Rights, in pursuant to powers vested upon it under the KNCHR Act, undertook investigations on a suo moto basis, into the conflict experienced in Tana Delta. On 23rd August – 1st September 2012, a team was deployed to the region to conduct fact-finding in Tana River and Kilifi. Subsequently, an investigative team was deployed in the region between 20th – 30th September 2012, where the team visited Tana River, Kilifi and Lamu counties. The KNCHR recorded 28 witness statements, conducted several group interviews with the affected communities and held meetings with different stakeholders, including state security agencies, Provincial Administration, civil society organizations, medical personnel and humanitarian agencies such as the Kenya Red Cross Society. Information and observations obtained from these two missions was complemented by secondary sources such as papers, journals, theses and other published sources obtained through desk-top research.
(This report is extracted from Kenya National Commission on Human Rights Report titled: 29 days of Terror in the Delta: A Human Rights Account into the Atrocities at Tana Delta. . )
Key findings: 
Key recommendations: 1. The National Police Service should undertake prompt and effective criminal investigations for low and high profile perpetrators. 2. The National Police Service should enhance community policing strategies and be responsive to reports received from civilian informers. 3. The Independent Policing Oversight Authority should promptly and effectively investigate allegations of omission and commission against the police, especially the failure by the police to detect the impending violence and cases where civilians claimed they were tortured by police. 4. The Ministry of State for Special Programs should undertake a comprehensive profiling of IDPs. The Government should facilitate the return or resettlement of IDPs, rebuild their livelihood, facilitate the immediate replacement of lost documents (such as national identity cards, voters’ cards and birth certificates) and support them to reconstruct their shelter. 5. The Independent Elections and Boundaries Commission, the office of the Registrar of Persons and other relevant departments should urgently embark on the process of vetting and registration of persons who lost their identification documents as they are likely to be disenfranchised. 6. The Ministry of Education should immediately facilitate KCSE and KCPE candidates displaced from their regions to sit for their exams from where they are currently living. If this is not possible, considering the KCSE examinations are underway, special consideration should be made to enable them sit for their final exams in the shortest time possible, for example through provision of special examinations. The Ministry to adopt affirmative action measures with respect to candidates who are sitting or scheduled to sit for their examinations under the circumstances. 7. The Ministry of Provincial Administration through the National Secretariat for Peace Building and Conflict Resolution should establish effective peace building and reconciliation initiatives. It should undertake an urgent review of the existing peace building mechanisms in the region. This can be further facilitated by the National Cohesion and Integration Commission. 8. Ministries responsible for Agriculture, Water and Livestock should design an effective livelihoods strategy geared at mitigating the cyclic conflict over resources. The government needs to regulate migration of livestock to make it sustainable so that only numbers that can be supported by a given area are allowed. The government should also assess the carrying capacity of each area. 9. The government must put in place structures aimed at resolving historical injustices suffered by this region over time. Key among these injustices are issues relating to land tenure and systematic marginalization of the region. The relevant agencies mandated to address these specific issues should develop strategies and programmes that are responsive to this fact. 10. The Government must resolve the problem of Kenya’s porous borders in order to prevent the proliferation of firearms. Continuous disarmament of civilians should be enhanced.
Sample size: 
Assessment Report: 
Publicly Available
Assessment Questionnaire: 
Available on Request
Assessment Data: 
Available on Request
Assessment Date(s): 
с 17 Окт 2012 по 31 Окт 2012

Level of Representation

Report completed
Unit(s) of Measurement: 
Collection Method(s): 
Baseline data analysis
Population Type(s): 
All affected population
Leading/Coordinating Organization(s): 
Kenya National Commission on Human Rights
Participating Organization(s): 
Kenya National Commission on Human Rights
Other location: