GAZETTE NOTICE NO. 13555

in exercise of the powers conferred on me by section 3 of the Commissions of Inquiry Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, do direct the commissioners to hold an inquiry at Mombasa with immediate effect. The terms of reference shall be— (a) to investigate the ethnic violence that has occurred in Tana River, Tana North and Tana Delta Districts with a view of establishing and/or determining— (i) the origin, the probable, the immediate and the underlying causes of such violence; (ii) action taken by law enforcement agencies with respect to any incidents of crime arising out of or committed in the course of the said ethnic violence and where such action was inadequate or insufficient, the reasons therefore; (iii) the level of preparedness and the effectiveness of law enforcement agencies in controlling the said ethnic violence and in preventing the occurrence of such ethnic violence in future; (b) to do, inquire into or investigate any other matter that is incidental to or connected with the foregoing, (c) to recommend— (i) prosecution or further criminal investigations against any person or persons who may have committed offences related to such ethnic violence; (ii) ways, means and measures that must be taken to prevent, control or eradicate such violence in future; and in accordance with section 7(1) of the said Act, to report thereon as soon as reasonably practicable, but not later than the 30 days from the date of being sworn in into office or any such other reasonable extension as I may in writing extend. And I do direct that— Emily Ominde, Chief Magistrate Abdulqadir Lorot Ramadhan, Principal Magistrate shall be the commissioners and that Lady Justice Grace Nzioka–Judge shall be the chairperson of the said commission. And I do appoint— MacDonald Oguya, Joseph Narangwi to be the joint secretaries to the Commission; [3627 21st THE KENYA GAZETTE 21st September, 2012 And further, I do hereby appoint— Wamuti Ndegwa, Ruth Lutta (Ms.), to be counsel to assist the said Commission. And I do 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 and into the ethnic violence; (b) use any investigation report by any institution or organization into such ethnic violence; (c) commission reports from experts in any relevant areas. And I do direct that the Commission may co-opt not more than two (2) 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 I do 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 private as the said commissioners may, from time to time, determine. And I do direct that the said commissioners shall execute the said inquiry with all diligence and speed and make their report without undue delay and in any extent not later than 30 days of being sworn in into office or any such other reasonable extension as I may in writing extend. And I do command all other persons whom it may concern to take due notice hereof and to give their obedience accordingly. Dated the 21st September, 2012. MWAI KIBAKI, President.