22 May 2013

Kenya: TJRC Report Indicts Kenya's Top Leaders

Photo: Capital FM
Truth, Justice and Reconciliation Commission Chairman Bethwel Kiplagat fears report maybe rejected (file photo).

Nairobi — The Truth Justice and Reconciliation Commission (TJRC) has finally handed in its report to President Uhuru Kenyatta, bringing hope to Kenyans who have suffered historical injustices in the past.

The voluminous report was handed to the president late on Tuesday, ending speculation that the government had declined to receive the explosive report.

The report contains 23 chapters covering among other issues land, massacres, assassinations, economic crimes, militia, police and military as well as economic crimes and the impact they have had on Kenyans and the economy in general.

Land and property led in the violations at 41 percent, while serious injury and persecution accounted for 13 percent and 8 percent of the violations respectively.

Corruption and economic crimes accounted for another 8 percent as shown in the report.

TJRC Chairman Ambassador Bethuel Kiplagat expressed confidence that the government will act on the report.

"The commission believes the report forms a fertile ground on which forgiveness, healing and reconciliation will be planted and help the country to achieve its full potential in social, economic and political development as stipulated in the Act," he said.

The report highlights 30 recommendations on how to address the violations by first acknowledging "our past failures and begin a process that will empower Kenyans with the lessons of the past to drive a fresh and vibrant future."

It is also recommends the establishment of a reparation fund that will be used to compensate victims of human rights and historical injustices.

The reparation framework recommended by the commission sets out the categories of victims who would access the fund and the criteria for such access.

"Upon the implementation of these recommendations, TJRC hopes that the victims will achieve closure from their suffering, have their human dignity restored thus paving the way for justice and genuine reconciliation that are needed for Kenya to move forward," the chairman stated.

The government has no option but to execute the report as required by the law which sets out strict timelines within which it must be implemented.

The TJRC Act provides that once the report is presented to the president, the implementation of the recommendations shall commence within six months of the publication of the report. The TJRC shall also be required to publish the report in the Kenya Gazette and the public will also be able to access summary copies of the report.

However, before the implementation process starts, the report must be tabled before Parliament 21 days after it is handed over to the president.

This will be followed by the operationalisation of the implementation mechanisms as per TJRC's recommendations.

The Implementation Committee will be required to give quarterly reports to the public evaluating the efforts of the government and implementing agencies.

The Act requires all the TJRC recommendations to be implemented and where implementation of any recommendation has not been complied with, the National Assembly will require to be given reasons for non-implementation.


Bernard is the News Editor at Capital FM. He commands over a decade of experience in news gathering having worked in both print and electronic media. He holds a BSc degree in Information Sciences from Moi University where he is currently enrolled for a Masters programme.

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