The ICTJ study argues that, despite the controversies that surrounded the commission during its tenure, the Final Report should be read and treated with seriousness by those who support human rights and the rule of law in Kenya. The text documents extensive human rights violations and other injustices committed in Kenya during the British colonial period and under the administrations of Presidents Jomo Kenyatta, Daniel Arap Moi, and Mwai Kibaki — including during the Post-election Violence. Some of the cases seek orders from the High Court to expunge aspects of the report or block the implementation of some recommendations. For example, the TJRC Final Report gives the names of several army commanders who are alleged to be the most responsible for violations during the Shifta War, which affected communities in Northern Kenya in the s. It also appends the names of persons adversely mentioned in the report, and recommends that alleged crimes be further investigated and, where warranted, prosecuted.
|Published (Last):||4 August 2015|
|PDF File Size:||4.85 Mb|
|ePub File Size:||12.48 Mb|
|Price:||Free* [*Free Regsitration Required]|
Included are not just the formal documents concerning the creation of the Tribunal the petition filed by the Commission; the petition filed by civil society; the Gazette notices related to the tribunal , but also internal documents related to the controversies created by the presence of Ambassador Kiplagat on the Commission, and documents related to litigation that arose from those conflicts and the creation of the Tribunal.
Academic and Civil Society Analysis The Academic and Civil Society Analysis section includes the academic and civil society publications that are cited in the book. Some are directly related to the Commission itself, while others concern related matters such as the Post Election Violence and the subsequent investigations arising from that violence. Unfortunately the reports appear to be no longer available on the internet, and while I had downloaded many of the reports, I did not secure all of them.
I am thus missing the third report, and for the fourth report I only have the annex. This section also includes documents related to the effort to create a special tribunal as recommended by the Waki Commission, and Kenyan litigation related to the failure of the Kenyan Government to arrest Omar al-Bashir upon his visit to Kenya in Government Documents and Regulations This section includes miscellaneous documents from the Kenyan Government, some of which are discussed in the book.
This includes the Cabinet Statement from July proposing that the TJRC be altered to be the primary institution investigating responsibility fro the violence after the election, as well as copies of previous Commissions of Inquiry.
Page References and Links The Page References and Links section includes a document that is organized by page number in the book, with hyperlinks to the document or documents mentioned on those pages. I have also included here a list of hyperlinks that are mentioned in the book so that the reader can click on the link rather than type in the URL to access the document.
Kenya Stockholm Blog
We were given less than two hours notice of the handing over of the Final Report to the President on Tuesday, 21 May — a product that resulted from a process that we have devoted four long, and hard, years of our lives. Only one of us was therefore able to attend the handover. When we received the notice, we asked whether the version of the Final Report that was to be presented to the President included our dissent, which we reproduce below. Under the Procedures of the Commission agreed to by all Commissioners in writing in Naivasha on 16 April, any Commissioner has the right to dissent within forty-eight hours of having sight of the final draft of a chapter. On Friday, 17 May, we were informed that the final draft of the land Chapter in the Report would include changes that were decided after the end of our operational period 3 May and that were motivated in part by the Office of the President. See our dissent below for the history of these changes.
An Injustice in Kenya’ History: The TJRC Report Six Years On
Background[ edit ] Despite the reputation of the Rift valley as the cradle of humanity and positive co-existence, the peoples living there suffered through mass human rights violations in the later part of the 20th century. The mass violence in Kenya occurred throughout a period of over 40 years making it difficult to define concretely as post-election violence. To understand the events following the and elections in Kenya, one must first understand the complicated ethnic makeup of the Kenyan state. The two tribes primarily involved in the political violence are the Kikuyu people 22 percent of the Kenyan population and the Kalenjin people 12 percent of the Kenyan population , however many other smaller tribes also inhabit Kenya.
The Truth, Justice and Reconciliation Commission of Kenya
The report outlines a range of injustices and abuses that occurred in the country between December and the end of the post-election violence in , and provides a range of recommendations and a clear implementation plan. Six years later, little progress has been made on its dissemination or the implementation of its recommendations. The TJRC Commission collected over 40, statements — the largest number of any truth commission to date — and 1, memoranda. Nevertheless, I find this depressing. This is evident from the numbers; the Commission collected over 40, statements — the largest number of any truth commission to date — and 1, memoranda. From these interactions it was clear that, while many who came before the Commission welcomed the chance to speak, the majority submitted statements or memoranda or provided testimony in the hope that they would be heard and that some action would be taken.
Kenya TJRC Final Report Deserves Serious Analysis and Action