By ABDIKADIR SUGOW
The eagerly awaited final report of the Truth, Justice and Reconciliation Commission ( TJRC) may provide President Uhuru Kenyatta with just the right tool to reconcile the country while meaningfully addressing historical injustices, experts say.
According to those familiar with details of the TJRC
report, the dossier contains damning revelations on historical
injustices, economic marginalisation, political assassinations,
detentions and other brutalities hitherto undocumented.
Experts caution that the Uhuru administration should avoid falling into the trap of treating the TJRC
report like a poisoned chalice, but rather as the magic pill to heal
the country and bring Kenyans together in the spirit of pardon after the
recent divisive elections.
One advantage that Uhuru has is that he has pledged to unite Kenyans regardless of their ethnic backgrounds and political divergence and the TJRC report comes just at the right time in this regard.
Uniquely, unlike previous commissions of inquiry reports — many of which have never been made public and remain hidden — the TJRC
report, once it is handed over to the President, will be made public
within 14 days, therefore Kenyans will exhaustively digest its contents.
Although he declined to divulge further details for fear of pre-empting the report, TJRC
Chief Executive Officer Tom Aziz Chavangi confirmed to The Standard on
Sunday that land issues and economic marginalisation of minorities have
been given prominence in the report.
Serious crimes
He
says economic stranglehold has led to crimes such as the infamous
‘Shifta War’ in Northern Kenya and has continued to mastermind
insecurity in the country.
Chavangi says political assassinations
have also been covered in the report, which gives a detailed account of
historical injustices that Kenyans suffered before and after
independence. He said no preferences was given in compiling the report,
but equal attention was given to all issues raised, including sexual
violence and general social and economic rights such as health, roads
and water.
He says the report is in its final stage and will be completed before May 3, 2013 and handed over to President Uhuru soon thereafter.
The TJRC’s
mandate will end on the first week of next month after getting an
extended grace period of nine months to complete compiling its final
report. Initially the commission was expected to complete its works on
August 4, 2012, but its mandate was extended to allow it finish pending
work — making reparations, healings, reconciliation, which is
continuing, and compiling the final report.
Chavangi says in the final report, a recommendation will be made
administratively to consider whether the affected victims should be
compensated. He further adds that the commission will also recommend how
to deal with such injustices in future, adding that major reforms must
be conducted in those institutions that caused mayhem to Kenyans.
The
commission went round the country collecting data and collating
findings of injustices in the country through public hearings and in
camera sessions. TJRC
commissioners, report writers and legal teams are in retreat at an
undisclosed location in Naivasha to make final touches to the report
before handing it over to the President.
After meeting the President and handing over the report, probably on May 6, the TJRC
will thereafter submit it for public scrutiny. The commission will then
have an extra three months to wind up its operations and archive the
report.
Independent investigations and the proceedings at the TJRC
public hearings indicate that the Government has been put on the spot
severally, with national security agencies bearing the brunt of the
sharpest indictment. They have been accused especially regarding the
handling of the ‘Shifta War’, massacres, political assassinations and
extrajudicial killings.
For the first time ever this is a report
that opens a can of worms and exposes the skeletons in the Kenya
government’s cupboard. And while it may have been prevented from getting
to the depth of some of the sensitive issues through stonewalling, time
limitations and inadequacies forensic in nature, its explosive elements
remain intact.
To demonstrate how the TJRC
may have instilled dread into the heart of officialdom, government and
national security officials adversely mentioned declined to appear for
hearings two weeks ago.
TJRC
had given a chance to those accused of committing atrocities or acts of
negligence to come forward and clear their names. Fifteen adversely
mentioned individuals were summoned to present their side of the story,
but only four turned up, three sent written submissions. Others did not
respond.
Among those who failed to appear were the Head of Civil
Service Francis Kimemia citing commitment to “pressing national duties”.
He promised to delegate a representative, who never showed up during
the two-day publicly announced sessions.
National Intelligence Service Director-General Michael Gichangi also declined to appear for hearing, saying the events the TJRC was referring to occurred in the years before he ascended to office.
Political activists
However,
retired Chief Justice Bernard Chunga who served during the Moi era
appeared before the commission, as did Justice Samuel Bosire. Chunga was
questioned on his role when he was the Deputy Public Prosecutor (DPP)
during the infamous 1980s Mwakenya and Fera sedition trials against a
number of anti-Moi political activists.
Chunga denied ever having
conducted prosecution of the accused at night beyond the normal court
hours and also said he was not aware of the existence of the ‘Nyayo
House torture chambers’. However, when asked by the commissioners
whether he would like to pay a visit to the so-called “torture
chambers”, he said he would not mind.
The retired CJ, again on request from the commissioners who wanted to
know if there were issues he would wish to state in camera regarding
his departure from the Judiciary, said “yes” and proceeded into a
private session with them.
Justice Bosire was questioned on his
role during the court martial of former Kenya Air Force (KAF) soldiers
suspected of involvement in the abortive August 1, 1982 coup when he
acted as judge/advocate.
Bosire was also asked about his role in
the Goldenberg Inquiry, where he was said to have declined to summon
retired president Moi, the late Prof George Saitoti and former minister
Musalia Mudavadi, but he said the matter was sanctioned by the High
Court.
The TJRC’s long arm also reached former President Moi, who sources say robustly responded to the TJRC’s
queries and largely placed the guilt burden on top officials in his
administration, especially in the security and Government arms, who it
is believed have been widely exposed in the TJRC inquiries.
Mwai
Kibaki’s administration too has not been spared, especially on matters
relating to economic marginalisation, distribution of national resources
and grand corruption.
As the TJRC puts the final touches to its report, Uhuru faces baptism of fire, since sources indicate the report places the spotlight on his late father Jomo Kenyatta.
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