Updated Sunday, April 21st 2013
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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