GAZETTE NOTICE NO. 3313

in exercise of the powers conferred upon the President by section 3 of the Commissions of Inquiry Act, I, Daniel Toroitich arap Moi, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, do direct the commissioners to hold an inquiry at Nairobi with immediate effect. The terms of reference shall be: (a) To investigate the tribal clashes that have occurred in various parts of Kenya since 1991, with a view of establishing and/or determining— (i) the origin, the probable, the immediate and the underlying causes of such clashes; (ii) the action taken by the police and other law enforce- ment agencies with respect to any incidents of crime arising out of or committed in the course of the said tribal clashes and where such action was inadequate or insufficient, the reasons therefor; (iii) the level of preparedness and the effectiveness of law enforcement agencies in controlling the said tribal clashes and in preventing the occurrence of such tribal clashes in future; (0) To recommend— (i) prosecution or further criminal investigations against any person or persons who may have committed offences related to such tribal clashes; ii) ways, means and measures that must be taken to y + . prevent, control or eradicate such clashes in future; (c) to do, inquire into or investigate any other matter that is incidental to or connected with the foregoing, aid in accordance with section 7 (i) of the said Act, to report thereon as soon as reasonably practicable, but not later than the 3ist December, 1998. [1195 aR SS ghia: G97y FH EES And I do direct that— Hon. Mr. Justice Akilano Molade Akiwumi a judge. . of the Court of Appeal, Hon. Mr. Justice Elkana Onderi Bosire,.a judge of the Court of Appeal, and Hon. Lady Justice Sara Chibai Ondeyo, a judge of the High Court of Kenya; shall be the commissioners and that Hon. Mr. Justice Akilano Molade Akiwumi, shall be the chairman of the said commission and Hon. Mr. Justice Elkana Onderi Bosire ‘shalt be the vice-chairman. And T do appoint— - Jacob Leita ole Kipury, and Peter, Musembi. Muhati Alubale, secretaries { ‘the commission: and “further, ‘I do appoint— John Nyaga Gacivih, and Dorcas Agik Oduor, sto. be counsel :to. assist the. said commission. Afid Ido “direct that, in the performance of its task. the ~.commission shall receive. views from members of the public and receive oral and/or written statements from any person with relevant information, and may— (a) use official reports of any previous investigations into the tribal clashes; “Ast July, 1998 (b) use any investigation report by any institution or orga- nization into such tribal clashes; (c). commission reports from experts in any relevant areas. And! do direct that the commission may co-opt not more than five (5) persons: who, in the view of the commission, could facilitate effective execution of its functions on specific issues spelt out in the terms of reference. _And I do direct that in accordance with the provisions of section 10. (1) of the said Act, the commissioners shall summon any _ ~ person or persons concerned to testify on oath and to produce any -books, plans: ‘and documents that the commissioners may require. - And Tdo direct that after its commencement, the said inquiry may be held at such times and in such places as the said commissioners may, from time to time, determine and shall be held in public or in privaté.as the said comimissioners may, from time to time, determir : ‘And T do direct ‘that the said com issioners ‘shall execute the said inquiry with. all diligence and speed and make their report without undue delay. And I do command all other persons whom it may concern to take due notice hereof ‘and to give their ‘obedience accordingly. Dated the Ist July, 1998. D. T. arap MOT, President.