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2 E. African J. Hum. Rts. & Democracy 104 (2004)
Prosecutions: A Panacea for Kenya's Past Atrocities?

handle is hein.journals/eajhrd2 and id is 113 raw text is: EAJHRD VoL 2 No.2 June 2004 pp 104-118 ISSN 1686-900X Copyright @ EAHRI, Printed in Kenya Prosecutions: A Panacea for Kenya's Past Atrocities? PATRICK KIAGE* Introduction On December 27, 2003, voters in Kenya handed the Kenya African National Union (KANU), the party that had been in power since independence from Great Britain in 1963, a crushing defeat. They spoke unequivocally for change rejecting the former sole political party by constitutional fiat,' and with it the preferred choice of outgoing President Daniel arap Moi who could not himself contest the presidency after 24 years as head of state due to a constitutional term limit.2 They voted overwhelmingly for Mwai Kibaki who was the candidate fronted by a broad coalition of political parties under the banner of the National Rainbow Coalition (NARC) in an election that was widely hailed as a milestone in the development of Kenya's democracy and regarded as an inspiration to democratic opposition forces across Africa. In coming to power, however, the new government had its work cut out. KANU's four- decade hegemony in power and Moi's legacy was a tragic tale of decay, plunder and abuse. Kenya had been a democracy in name only and Moi had, according to the New York Times, fomented ethnic clashes and tapped into public funds to outflank competitors. In the process, Kenya had become a land of stark contrasts: dire poverty and fabulous, mostly stolen, wealth; natural beauty and collapsing infrastructure. AIDS ravages the people, and the country's infant mortality rate is one of the highest in the world. Known for its luxury safaris in remote and unspoiled regions, it is also a place

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