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Human Rights Assessment of the Violence in Tana Delta District

Subject/Objective: 

(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.

Methodology: 

(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
Instructions: 
Assessment Data: 
Available on Request
Instructions: 
Operations(s)/Webspace(s): 
Assessment Date(s): 
с 17 Окт 2012 по 31 Окт 2012

Level of Representation

Village
Frequency: 
Status: 
Report completed
Unit(s) of Measurement: 
Community
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
Location(s): 
Nairobi
Other location: