TJRC Report: Kibaki Government sanctioned extra-judicial killings

Tuesday, May 21st 2013, By CYRUS OMBATI
Kenya: The TJRC report says between 2002 and 2008, President Mwai Kibaki presided over a Government that was responsible for numerous gross violations of human rights that included unlawful detentions, extra judicial killings and, economic crimes and grand corruption.
The Commission found that there was a common trend pattern and state-sanctioned killings and disappearances.
“Indeed, the use of excessive and disproportionate force by the police has been a common theme running through Kenya’s history,” reads part of the report.,
It adds that it was common for the state, and particularly the police, to summarily execute individuals who were suspected to be criminals or members of proscribed criminal gangs.
Further, it adds excessive use of force by the police resulted in significantly high numbers of death during, inter alia, the following contexts, security operations, the official opening of the Nyanza General Hospital in Kisumu in 1969, 1991 Saba Saba riots in1991, and 2007/2008 Election-related Violence.
“The Commission finds that in the last half of 2007, state security agents, mainly the Kenya Police, summarily executed and/or forcefully disappeared large numbers of individuals suspected to be members of the outlawed Mungiki militia group.”
The Commission found that the killings and disappearance of suspected members of Mungiki was a systematic attack against a civilian population and could, thus qualify as a crime against humanity.
It adds, in March 2008, as part of Operation Okoa Maisha, state security agents, including Kenya Police and Kenya Army, were involved in the summary execution and/or disappearance of suspected members of Sabaot Land Defense Force (SLDF) and this, the Commission says qualifies as a crime against humanity.
Whenever the state has been faced with allegations of extra-judicial killings and/or disappearances, its traditional response has been to blatantly deny these allegations and attack the credibility and legitimacy of those making the allegations, rather than investigate those allegations.
The Commission recommends that the President and the respective heads of the Kenya Police and the Kenya Defense Forces, within six months of the issuance of the Report, offer a public and unconditional apology for extra-judicial killings committed during the mandate period.
The report further recommends the fast-tracking of reforms in the Police Service, including introduction of new standard operating procedures on the use of force. Subsequently, it calls upon the Government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance.
“The Commission recommends the establishment of a fully equipped national modern forensic laboratory within 36 months of the issuance of this Report, and thereafter, in every County.”
Death sentence
The report recommends the abolition of the death penalty and the calls for moving all death sentences to life imprisonment or other appropriate sentence. Further, it wants reparations for families of victims of extra-judicial killings in accordance with the Commission’s Reparation Framework.
The Kiplagat-led report wants the enactment of legislation prohibiting all forms of torture and other forms of cruel, inhuman or degrading treatment or punishment committed both by state and non-state actors. Such legislation shall be enacted within one year of the issuance of this Report.
The Commission recommends the prosecution of police officers and other state agents who were involved in the torture and ill-treatment of individuals during the mandate period.
The Commission has identified individuals who were involved in the torture and ill-treatment of, amongst others, Mwakenya and FERA suspects and recommends their investigation and, where there is sufficient evidence, prosecution.
The report found out that state security agencies have, as a matter of course in dealing with banditry and maintaining peace and order, employed collective punishment against communities regardless of the guilt or innocence of individual members of such communities.
“The Commission recommends that State security agencies, and in particular the Kenya Police, Kenya Defence Forces, and the National Intelligence Service apologize for gross violations of human rights committed by their predecessor agencies.