KARA AUGUST 2011 ISSUE.indd

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CONSTITUTION Should TJRC’s mandate be extended? With just over three months to the end of its mandate, the Truth Justice and Reconciliation Commission (TJRC) is staring at the possibility of failing to cover the entire country. Nearly a year of infi ghting among the commissioners, compouded by the inadequate funding by the government, or fi nancial sabotage by the Treasury, reduced the Commission to a laughing stock. Pressure by the civil society activists and the survivors of historical injustices like the Wagalla massacre and Nyayo House torture for former chairman Bethwell Kiplagat to resign didn’t help TJRC’s cause. And with the November deadline fast approaching, the commission fi nds itself way behind schedule. Since April 11 when the public hearings began after tumultuous 18 months, the commission has been to North Eastern, Upper Eastern and Mt. Elgon. Hearings have also taken place in Kisumu, Kisii and Kuria. And the commissioners are now seeking an extension of their mandate by at least six months. To justify the case for extension, the acting chairman Tecla Namachanja says the Commission’s work was hampered by the leadership dispute over its former chairman Kiplagat and fi nancial diffi culties that made it to operate a skeleton outfi t. Mr Kiplagat has since stepped aside to pave the way for a tribunal appointed by former Chief Justice Evan Gicheru to investigate the allegations leveled against him.He was even called to testify, as a key witness, during the Commission’s hearings held in Nairobi for the Wagalla massacre. Former vice chairperson Betty Murungi resigned in the fi rst year of the Commission’s establishment as the Kiplagat saga showed no sign of ending.As a result of the Kiplagat-civil society tussles, the commission says in the progress report to Parliament that it lost considerable amount of time and credibility. “Secondly, the Commission has suffered from fi nancial and resource constraints that have resulted in recurrent delays and limitations in its operations,” the report states. The commission started hiring directors and staff in September 2010, several months after its establishment as a result of the inadequate funds. Despite the drawbacks, the Commission lists some of its achievements so far, including establishing a functioning secretariat and accomplishing the statement taking process where it collected 30,000 individual statements and over 600 memoranda from communities, organisations and individuals. Ms Namachanja hopes the MPs will listen to their request and pass the new Truth Justice and Reconciliation Act once the amendments done by the minister for Justice, Constitutional Affairs and National Reconciliation Mutula Kilonzo reach the fl oor of the House. The commission, set up in 2009 to investigate past injustices and lead reconciliation efforts in the country, had been granted until November this year to complete its task. “Apart from the truth, people are also interested in justice and for most of them, justice simply means acknowledgement of the violations that took place and an apology. Looking at the mandate, the broad issues and the number of regions we have not been able to reach, the time remaining, which is up to November is not enough for us to complete this work. 12.
CONSTITUTION And with an extension, we shall be able to reach all the regions of this country,” she said. Already, Prime Minister Raila Odinga and his deputy Musalia Mudavadi have endorsed the request by TJRC. Mr Mudavadi explained that the Commission “is a very important segment of reconciliation and healing and necessary for the country pulling together” as he called on MPs to follow their example and amend the Act.“It is very clear that if the TJRC has only done a portion of its work and for it to conclude its mandate without visiting other parts is in itself injustice,” said Mr Mudavadi. “The request is legitimate and I would like to encourage the commission to talk to more of us (MPs) and put the case across to Kenyans that it would be necessary to be granted this extension. I therefore lend my support to the commission and to appeal to my colleagues in particular that we look at the request favourably,” the Deputy PM added. The PM on the other hand gave a fi rm pledge that the government will prepare a cabinet paper recommending the extension to enable the Commission make up for the period it lost during its initial stages. Ms Namachanja cautions that without the extension, TJRC will be committing more injustices than it will have uncovered in its tumultuous two-year lifespan. “If we don’t get the extension then it means that regions like Rift Valley, Central, Nairobi and Coast will not benefi t from the work of this commission. But based on experience, we are aware that people are out there who want to come forward to share their experiences,” said Ms Namachanja. Editor’s Note: As we went to press, Parliament approved extension of TJRC life to run until May 2012 Photo: Victims of Wagalla Massacre 13.
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KARA AUGUST 2011 ISSUE.indd

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