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www.marsgroup<strong>kenya</strong>.org<br />

identifying the perpetra<strong>to</strong>rs and the reasons behind their actions; recognizing<br />

victims and providing justice or some <strong>for</strong>m of redress <strong>for</strong> the harm and suffering<br />

inflicted on them by the previous governments; auditing the state and suggesting<br />

corrective measures <strong>to</strong> avoid a recurrence of abuses; and creating an enabling<br />

environment <strong>for</strong> national reconciliation and healing.<br />

But Kenyans are clear that these functions cannot be successfully per<strong>for</strong>med<br />

unless established categories of human rights violations and economic crimes are<br />

fully investigated and addressed. While it is true that many horrible and<br />

unimaginable violations have been perpetrated by the state over the last <strong>for</strong>ty<br />

years, the Task Force believes that a truth commission cannot investigate every<br />

human rights violation. The Task Force there<strong>for</strong>e recommends that a truth<br />

commission address certain categories of violations. The violations that ought <strong>to</strong><br />

<strong>for</strong>m the terms of reference of a truth commission must be those that indicate a<br />

systemic pattern or state policies, actions that were carried out as policies of the<br />

state <strong>to</strong> abrogate the rights of Kenyans. Thus a truth commission must have the<br />

discretion <strong>to</strong> decide which violations qualify <strong>for</strong> scrutiny. In any case, it is<br />

practically impossible <strong>for</strong> a truth commission <strong>to</strong> address more than several<br />

thousand cases. That is <strong>why</strong> the Task Force has identified individual cases and<br />

groups of violations that it believes ought <strong>to</strong> be the subject of inquiry. The Task<br />

Force has made this choice consistent with the views of Kenyans and with due<br />

regard <strong>to</strong> the purposes of an effective, timely, and the least burdensome truth<br />

commission. The Task Force recommends that a truth commission investigates<br />

six categories of human rights violations and economic crimes.<br />

1. Political Assassinations and Killings<br />

It is an undeniable fact that the Kenyan state has over the last <strong>for</strong>ty years of the<br />

reign of KANU employed political murder as an instrument of silencing political<br />

dissent, stifling democratic opposition, and creating a despotic, authoritarian, and<br />

murderous state. The Task Force heard, over and over again, harrowing accounts<br />

of how prominent and ordinary Kenyans, whom the state deemed political<br />

dissidents, have been assassinated and murdered by the state over the years. It is a<br />

telling testimony of the state’s planning and execution of dozens of assassinations<br />

and murders of political leaders and government critics that virtually no one has<br />

been held accountable <strong>for</strong> these killings.<br />

The purpose of the killings, without doubt, was <strong>to</strong> eliminate political opponents<br />

and all those who would oppose the monopoly of power enjoyed by KANU from<br />

1963 <strong>to</strong> 2002. Kenyans are united in their demand that political murder must<br />

never again be an instrument of state policy <strong>to</strong> silence political dissent or<br />

government critics. Kenyans want the perpetra<strong>to</strong>rs of political killings<br />

investigated and called <strong>to</strong> account, their victims recognized, and justice done.<br />

Impunity <strong>for</strong> these killings must be ended, and the only sure way of doing so is by<br />

holding those responsible accountable.<br />

www.marsgroup<strong>kenya</strong>.org 19

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