why ambassador bethuel kiplagat should quit for kenya to attain ...

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www.marsgroupkenya.org Ahmed Sheikh, will do a good job. Even the people appointed by the panel of eminent persons, these are: Getrude Chawatamu from Zambia, Mr. BerhanuDinka from Ethiopia and Mr. Ronald Sly from the United States of America, will do a good job. This Commission should have been appointed yesterday, so that it can go into all these causes like what happened after the elections, who brought about the chaos— Where people confess to the crimes they did, then there should be a provision for giving them some kind of immunity. With those words, I support. Mr. Ruteere: Mr. Deputy Speaker, Sir, since there is consensus that we accept these names, am I in order to request that the Mover be called upon to reply? Mr. Deputy Speaker: If that is the mood of the House, let the Mover reply. Mr. Abdikadir: Mr. Deputy Speaker, Sir, I beg to move. (Question put and agreed to) MOTION FOR ADJOURNMENT ———— Background to the Truth Justice and Reconciliation Commission: Kenya has a history of political violence and gross human rights violations dating back to its Independence from Britain in December 1963. Documented violations include political assassinations, extra judicial executions of civilians, collective punishment and torture of minority populations, massacres by security forces including the army, torture of persons in custody, enforced disappearances and ethnic cleansing. For 39 years the KANU party ruled Kenyans and controlled government. Following the defeat of the KANU party in December 2002, the new coalition government headed by Mwai Kibaki commissioned an inquiry into policy actions to deal with past gross violations of human rights. In August 2003, the Report of the Task Force on the Establishment of a Truth, Justice and Reconciliation Commission chaired by Prof. Makau Mutua was published. It stated that “Kenyans have asked their government to immediately establish a truth, justice, and reconciliation commission. They have overwhelmingly said that the truth about the past must be known, that perpetrators must be identified and punished, that victims must be accorded justice, and that reconciliation is only possible after the truth is known and justice is done. Kenyans want an effective and credible truth commission, an institution that will not engage in a witch-hunt or a whitewash. Such a commission must have the powers to recommend lustration, that is, to bar offenders from holding public office. It must be empowered to recommend redress for victims, such as compensation, restitution, and www.marsgroupkenya.org 6
www.marsgroupkenya.org reparations. It should be authorized to inquire into stolen property and funds, and to recommend that they be returned to the public or the individuals from whom they were stolen. The truth commission should investigate gross human rights violations and economic crimes and recommend prosecutions.” This important work by the Makau Mutua Task Force was immediately shelved and forgotten. The outrages of the post election violence of 2007-8 created a new impetus for transitional justice and in March 2008, the parties to the Kenya National Dialogue and Reconciliation agreed that a statutory Truth Justice and Reconciliation Commission should be established for a 2 year term and be mandated to inquire into human rights violations, grand corruption and international crimes committed between December 12th 1963 and February 28th 2008. The Truth Justice and Reconciliation Act which established the Kenyan Truth Commission came into effect on March 9th 2008. A Selection Panel conducted interviews and short listed the names of 15 potential Commissioners for Parliamentary approval. The Selection Panel was made up of persons nominated by the Kenya Episcopal Conference, National Council of Churches of Kenya, Evangelical Alliance of Kenya, Hindu Council of Kenya, Seventh Day Adventist Church, Supreme Council of Kenya Muslims, Law Society of Kenya, Federation of Kenya Women Lawyers, Central Organization of Trade Unions, Kenya National Union of Teachers, Association of Professional Societies of East Africa, Kenya National Commission on Human Rights, Kenya Private Sector Alliance, Federation of Kenya Employers, and the Kenya Medical Association. It’s proceedings were not conducted in, nor have they been made, public. In June 2009 Parliament approved the names of Kenyans and foreign experts for submission to the President to appoint the Commission. President Kibaki appointed the 9 member Commission in July 2009. An annual budgetary allocation of only 100 million shillings meant that in 2009 the Commission hardly made a dent in public consciousness, and it wasn’t until January 2010 that the Commission announced a nationwide public meetings schedule intended to make a preliminary assessment of the historical grievances Kenyans have. Share / Bookmark: • • • • • • • www.marsgroupkenya.org 7
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