There appears to be no end in sight to the running street battles which have rocked Kenya since the disputed presidential elections and there are growing indications that the violence may even escalate.

This is despite frantic efforts by various negotiators, including former UN boss Kofi Annan. E-Brief News reports that at least 19 people were killed on Sunday in battles between members of President Mwai Kibaki's Kikuyu tribe and Luos and Kalenjins who backed his rival Raila Odinga in the elections. Annan said the crisis had gone well beyond an electoral dispute: 'Let us not kid ourselves and think that this is an electoral problem. It is much broader and much deeper. We cannot accept the pattern every five years (that) these sorts of incidents take place and no one is held to account,' he added, referring to Kenya's cycle of election-year violence. And AU chairman Alpha Omar Konare is warning that ethnic clashes between warring tribes could degenerate into another Rwanda-like genocide. Last week’s talks between Kibaki and Odinga raised hopes of a breakthrough, albeit only briefly. Kibaki's endorsement speech after the talks immediately drew Orange Democratic Movement’s (ODM) anger – and within hours they denounced his remarks that ‘he is the duly-elected President of Kenya’. The Nation reports that ODM demanded a written agreement between it and Party of National Unity (PNU) on the mediation principles and agenda. According to a report on the IoL site, Kibaki's PNU gave a sharp riposte. ‘It's a very disappointing statement. It has taken Kenya to the deepest abyss ever,’ said PNU spokesperson Ngari Gituku. BBC News reports that the symbolism and significance of the meeting was enormous, but there is still a great deal of work to be done and compromise required for them to resolve their differences and reach an agreed way forward. There are other massive challenges to be met, including fresh reports that opposition officials have been helping to organise ethnic violence in the Rift Valley region, in which hundreds of Kibaki's Kikuyu community were deliberately targeted and killed. ‘We have evidence that ODM politicians and local leaders actively fomented some post-election violence,’ said Human Rights Watch. A further blow is news that Odinga has ruled out taking a new post of Prime Minister in Kibaki's government as a solution to the post-election crisis. According to a report on the allAfrica.com site, Odinga said the only three acceptable options would be Kibaki's resignation, a vote re-run, or power-sharing leading to constitutional reform then a new election. Meanwhile, the ODM has filed a complaint with the International Criminal Court, accusing the government of crimes against humanity. It says the police used excessive force during protests, in which more than 30 people died. Parliamentary secretary Danson Mungatana says the government has embarked on investigations over the killings witnessed in parts of the country. According to a KBC report, the members of the parliamentary group said people should not take advantage of the political stalemate to engage in criminal activities.
Full report in The Nation
Full BBC News report
Full report on the IoL site
Full Human Rights Watch report
Full report on the allAfrica.com site
Full KBC report

The International Criminal Court (ICC) is closely monitoring events and is ready to intervene, subject to various conditions. It can only be requested to do so by the government and the UN Security Council and acceptance is subject to its own independent investigations into cases of alleged crimes against humanity. According to reports from The Hague, the court's seat, the ICC's intervention is subject to four conditions. The Nation reports that the government and the ODM have both threatened to appeal to the ICC. It cannot intervene if a case referred to it is already the subject of an investigation by national jurisdictions or if the state decides not to prosecute or does not have the will or has no capacity to do so. Only the most serious crimes such as genocide, crimes against humanity, war crimes and the crime of aggression are covered and they must have been committed after 2002 (date of entry into force of its Statute).
Full report in The Nation

The International Bar Association has urged the protection and promotion of human rights and the rule of law. The IBA said the current environment of violence, dispossession and the devastation of infrastructure threatens the human rights of all its citizens, and is having a destructive impact on justice and the rule of law. The IBA also urged all parties in the post election conflict to be particularly vigilant in preventing gross violations of international humanitarian law and to bring to justice those who have committed such crimes.
Full statement on the IBA site

The Kenyan chapter of the International Commission of Jurists (ICJ) has proposed negotiators work on the formation of an interim government based on some form of power sharing. The Nation says that the ICJ proposal presented at a public forum in Nairobi, however, notes that any political settlement reached must attend to what brought about the current crisis. The ICJ further argues that the Electoral Commission of Kenya can actually cancel the presidential poll results, saying that section 123 (11) of the Constitution confers holders of public office in Kenya with the powers to invalidate their actions.
Full report in The Nation

The Federation of Women Lawyers of Kenya (FIDA) is worried about the increase of sexual assault cases directed at women and children. The Nation reports that FIDA chairperson, Violet Awori, said more attention was being given to issues such as chaos, injuries, deaths, destruction of property and the economy, while victims of sexual violence were neglected. 'The government should step up security in all parts of the country to avoid further escalation of sexual and all other forms of violence, particularly in the slum areas and settlement camps where women and children remain targets for sexual abuse and assault,' said Awori.
Full report in The Nation