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

4. Torture, Detention, Exile, Disappearances, Rape, and Persecution of Opponents<br />

Over the last <strong>for</strong>ty years, the state used its enormous power and resources <strong>to</strong><br />

vanquish all those deemed its opponents. The <strong>to</strong>rture of government critics<br />

became state policy. Hundreds, if not thousands, have been <strong>to</strong>rtured and<br />

mistreated by the previous governments. Many were killed in the process, while<br />

others were maimed <strong>for</strong> life. Some were castrated. Women and girls were raped.<br />

The Nyayo House Torture Chambers, which the Task Force visited, and which the<br />

Minister <strong>for</strong> Justice and Constitutional Affairs has termed a national monument of<br />

shame, stands as the living testimony of the brutality of the state. It was a<br />

dungeon where political opponents were stripped of their humanity and subjected<br />

<strong>to</strong> the cruelest of <strong>to</strong>rture tactics. Many other state opponents were detained<br />

without trial or jailed on trumped up politically motivated charges. Some, like Mr.<br />

Kenneth Matiba, were ruined beyond repair by detention. Some were disappeared,<br />

while others, like the celebrated writer Professor Ngugi wa Thiong’o, were <strong>for</strong>ced<br />

in<strong>to</strong> exile. The list goes on. A truth commission must investigate these abuses.<br />

5. Politically Instigated Ethnic Clashes<br />

Throughout the 1990s, the Moi government instigated and at times directed the<br />

ignition and execution of ethnic clashes against communities that were deemed <strong>to</strong><br />

be in opposition <strong>to</strong> it. Directed at so-called opposition communities and zones,<br />

these clashes exploited the volatile question of land as their pretext. Communities<br />

that had lived peaceably <strong>to</strong>gether <strong>for</strong> decades were suddenly turned against each<br />

other as the KANU state sought <strong>to</strong> stamp out opposition <strong>to</strong> its rule.<br />

Various investigations and reports by the Law Society of Kenya, the churches, the<br />

Kiliku Report, the Akiwumi Report, and many others established beyond the<br />

shadow of a doubt that KANU, its senior officials, their allies, many of its<br />

members of parliament and local politicians, the police and security <strong>for</strong>ces, and<br />

the provincial and district administrations either instigated or carried out attacks<br />

against individuals and communities deemed opponents of the regimes.<br />

In both the Rift Valley and Coast Provinces, in particular, Kenyans from certain<br />

communities were termed “<strong>for</strong>eigners” and either killed outright, their lands<br />

<strong>for</strong>cibly taken, their property and lives<strong>to</strong>ck confiscated or destroyed, women and<br />

girls from their communities raped and beaten, and their lives irreparably ruined.<br />

Many of these “<strong>for</strong>eigners” were <strong>for</strong>cibly exiled from the provinces and dared <strong>to</strong><br />

return. Thousands were killed and hundreds of thousands internally displaced in<br />

the so-called land clashes. Deep wounds have been left on the Kenyan psyche by<br />

these clashes. The epicenters of the clashes, such as Molo, Enoosopukia, Likoni,<br />

and many other places must <strong>for</strong>m a central component of the terms of reference of<br />

a truth commission, and must be fully investigated.<br />

The truth commission ought <strong>to</strong> establish culpability and make recommendations<br />

<strong>for</strong> redressing these most abominable of violations.<br />

www.marsgroup<strong>kenya</strong>.org 21

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