By Robert Evans
GENEVA (Reuters) - The government of Kenya should make sure no amnesty is granted to people who committed abuses during the country's post-election violence, United Nations experts said on Wednesday.
The five-member team from the office of High Commissioner for Human Rights Louise Arbour issued its call in a report that followed a three-week visit to Kenya in February, which included meetings with both citizens and government officials.
"Perpetrators of gross human rights violations should under no circumstances be recommended for amnesty," the team said in comments aimed at the Truth and Reconciliation Commission, due to be set up in Nairobi.
The 18-page report made plain there would be no cooperation from the U.N. or Arbour's office if the commission were to propose amnesties.
Some politicians in Kenya have suggested amnesty, and many Kenyans fear a truth and reconciliation commission that has been agreed will be a whitewash. The Kenyan government and police say they are moving ahead with prosecutions.
The report also raised concerns about the contested December election, in which President Mwai Kibaki was declared winner despite opposition protests over the conduct of the poll.
"Based on the findings of various observer missions and independent reports, it is clear that procedural irregularities in the vote counting and tallying cast serious doubt on the legality of the elections results," it said.
The report was issued from Arbour's office in Geneva the day after Kenya's parliament approved a power-sharing deal between Kibaki and opposition challenger Raila Odinga designed to end the political and social crisis in the country.
POLICE RESPONSIBLE
The team said it appeared the actual death toll was higher than the 1,220 people reported killed and police were responsible for many deaths.
The U.N. investigators said the initial wave of violence after Kibaki was proclaimed to have been re-elected had been spontaneous, rooted in poor living conditions and anger among Odinga supporters at what they considered electoral theft.
In the second wave, aimed at farmers and land-owners in the Rift Valley from tribes traditionally backing Kibaki, credible evidence suggested it was "partially organised by local political and traditional leaders", the report found.
The third wave came when government supporters and militias retaliated against workers from other tribes, perceived to be backers of the opposition, the investigators said.
During the weeks of disturbances -- in which hundreds of thousands of people were forced to flee their homes and tens of thousands of shops, businesses and private houses were destroyed -- authorities had done little to halt the rioting, they said.
The report said the Kenyan state "failed to take appropriate measures to prevent or stop the violence and the human rights violations" and where the police did move to control demonstrations they often used excessive force.
Under their deal, Kibaki and Odinga and their backers made commitments to address long-standing issues underlying the unrest in Kenya through land reform, reform of the police and the justice system, and efforts to tackle economic inequality.
"It will be essential that these commitments are adhered to," the U.N. investigators said.
