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www.marsgroupkenya.org 12. Mghanga, Mwandawiro 13. Waruiru, Mungai 14. Njoroge, Kingori 15. Jakobuya, David Dimba 16. Kameana, Jonathan Mbuthia 17. Githirwa, Stanislaus Muhoro 18. Adongo, Justice Maurice Ogony 19. Obanda, Omondi 20. Mutahi, Njuguna 21. Odongo, Langi Joseph 22. Sumba, Onyango 23. Ngugi, Muhindi 24. Gichure, Kiiru 25. Omondi, Kabir 26. Jeff, Mwangi Kwirikia 27. Stephen, Karanja 28. Kishushe, Mzirai Category 6: List of victims/survivors arrested, confined, charged in court but not jailed 1. Kamuyu, Chris (former Dagoretti MP) 2. Muraguri, Cyrus Gitari (Former Businessman) 3. Murage, Florence Nyaguthie (University Employee) 4. Kimani, Joe Njoroge …………………………………….. Source: http://kenya.fes-international.de/publications/live2tell.pdf The Nyayo House Story We Lived To Tell Published by: Friedrich Ebert Stiftung (FES) Copyright owned by: © Friedrich Ebert Stiftung 2003 © Citizens for Justice 2003 3. on 04 Feb 2010 at 5:28 pm3Terms of Reference for Truth Commission Regardless of Whose Running It One of the least contested questions in the quest for a truth commission for Kenya relates to its terms of reference or the matters that it must address, that is, the types of violations that it must investigate. Although different communities, groups, and individuals around the country expressed particular preferences to the Task Force, there is no doubt about the functions that Kenyans want a truth commission to perform. Kenyans want a truth commission to perform four interrelated functions. These are establishing the truth about past atrocities by www.marsgroupkenya.org 18
www.marsgroupkenya.org identifying the perpetrators and the reasons behind their actions; recognizing victims and providing justice or some form of redress for the harm and suffering inflicted on them by the previous governments; auditing the state and suggesting corrective measures to avoid a recurrence of abuses; and creating an enabling environment for national reconciliation and healing. But Kenyans are clear that these functions cannot be successfully performed unless established categories of human rights violations and economic crimes are fully investigated and addressed. While it is true that many horrible and unimaginable violations have been perpetrated by the state over the last forty years, the Task Force believes that a truth commission cannot investigate every human rights violation. The Task Force therefore recommends that a truth commission address certain categories of violations. The violations that ought to form the terms of reference of a truth commission must be those that indicate a systemic pattern or state policies, actions that were carried out as policies of the state to abrogate the rights of Kenyans. Thus a truth commission must have the discretion to decide which violations qualify for scrutiny. In any case, it is practically impossible for a truth commission to address more than several thousand cases. That is why the Task Force has identified individual cases and groups of violations that it believes ought to be the subject of inquiry. The Task Force has made this choice consistent with the views of Kenyans and with due regard to the purposes of an effective, timely, and the least burdensome truth commission. The Task Force recommends that a truth commission investigates six categories of human rights violations and economic crimes. 1. Political Assassinations and Killings It is an undeniable fact that the Kenyan state has over the last forty years of the reign of KANU employed political murder as an instrument of silencing political dissent, stifling democratic opposition, and creating a despotic, authoritarian, and murderous state. The Task Force heard, over and over again, harrowing accounts of how prominent and ordinary Kenyans, whom the state deemed political dissidents, have been assassinated and murdered by the state over the years. It is a telling testimony of the state’s planning and execution of dozens of assassinations and murders of political leaders and government critics that virtually no one has been held accountable for these killings. The purpose of the killings, without doubt, was to eliminate political opponents and all those who would oppose the monopoly of power enjoyed by KANU from 1963 to 2002. Kenyans are united in their demand that political murder must never again be an instrument of state policy to silence political dissent or government critics. Kenyans want the perpetrators of political killings investigated and called to account, their victims recognized, and justice done. Impunity for these killings must be ended, and the only sure way of doing so is by holding those responsible accountable. www.marsgroupkenya.org 19
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