Samwel Kumba
16 May 2008
Nairobi — Civil society groups Thursday faulted a Bill proposing the establishment of a Truth, Justice and Reconciliation Commission.
Members from four lobby groups said the Bill, published last week, did not guarantee the independence of the commission.
The critical issues are: the setting up of commission itself, amnesty, the fate of police investigations, powers of parent ministry and the two-year life of the commission.
AMNESTY: The Bill fails to define specific crimes for which pardoning should be given.
It also does not define crimes committed in the Kenyan case of post-election violence. International law rejects amnesty for serious crimes, such as genocide, war crimes, crimes against humanity and torture.
The Bill has no synergy between what is being provided for amnesty and what is provided in law where the President has powers to forgive.
COMMISSION: The commission should be divorced from the manipulations of the minister by giving it an independent vote to spend.
As it is, the minister could armtwist the commission through manipulation of its budget as he or she is the one to approve.
The draft gives the minister of Justice, Constitutional Affairs and National Cohesion powers to scrutinise and approve the commission's expenses, allowances, and budget.
The proposed seven commissioners may not be equal to the monumental task of reconciling Kenyans after the fight between people who had been neighbours.
LIFE: Two-year lifespan proposed in the Bill will not be enough to realise the 18-point objectives.
OTHER WORKS: The Bill is silent on investigations carried out by Goldenberg, Ndung'u and Akiwumi commissions.
The groups are the Kenya National Commission on Human Rights represented by Hassan Omar, Kenya Human Rights Commission represented by Muthoni Wanyeki, Urgent Action Fund represented by Kaari Murungi and the International Centre for Policy and Conflict represented by Ndung'u Wainaina.
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