Clashes sparked by Dec. 2007 disputed election killed about 1,200 people. HRW notes just 2 related murder convictions in Kenyan courts
NAIROBI (AlertNet) - Kenya lacks the stomach to prosecute even low-level perpetrators of post election violence, a rights group said on Friday, warning that continued inaction would encourage fighting at next year&${esc.hash}39;s presidential poll.
Human Rights Watch said in a report Kenyan courts had only handed down two murder convictions in connection with the nationwide clashes, sparked by December 2007&${esc.hash}39;s disputed election, in which about 1,200 people were killed.
Neela Ghoshal, author of the report, said the east African country&${esc.hash}39;s political elite and police force had stalled investigations and blocked the formation of a special tribunal.
"They&${esc.hash}39;re afraid that if you start a special tribunal and you bring in fairly low level people, if it&${esc.hash}39;s doing its job, eventually the accusations will rise to the level of those who organised and coordinated the violence," Ghoshal said.
"A lot of Kenyan politicians aren&${esc.hash}39;t ready for it to emerge who was involved in that," she said.
Western diplomats and rights groups say the lack of accountability for the 2007-2008 violence could encourage fighting in the 2012 election, especially if the result is close.
"If they know that they can literally get away with murder in Kenya and not be prosecuted, then we have a problem," said Ghoshal.
"It&${esc.hash}39;s really important that before the next elections the Kenyan government demonstrates that it is serious about prosecuting mid-level perpetrators."
The government spokesman was not available for comment.
Kenya is awaiting a decision by the International Criminal Court (ICC) on whether to confirm charges of crimes against humanity against six high-profile Kenyans, including two contenders in next year&${esc.hash}39;s presidential elections.
The ICC opened its case against the six after Nairobi refused to hear the cases against suspected masterminds of the bloodshed locally.
HRW urged President Mwai Kibaki&${esc.hash}39;s government to set up a tribunal to try hundreds of potential cases of murder, rape, assault and arson related to the conflict.
The New York-based organisation said there had not been a single conviction against police officers in spite of a report by the Waki Commission of Inquiry stating police shootings caused 405 death during the violence.
"I know at least two cases I can tell you offhand," police spokesman Eric Kiraithe told AlertNet.
(Editing by Richard Lough)