I mentioned that a number of Commissions was established and one was the Truth, Justice and
Reconciliation Commission. Again it was established through an Act of Parliament. It was not a
constitutional commission. I’m sure you are aware that if something is statutory its easy to do
away with it. Just a simple minority in parliament and the commission is gone. But when it is
constitutional you need at least two-thirds majority or in some cases a referendum.
Now the difference between the NCIC and the TJRC was that TJRC was looking at historical
injustices dating back to 1963, which is when we got our independence to 28 February 2008,
which is when we signed the peace accord. It hasn’t been very smooth for our TJRC because for
me they were very ambitious wanting to handle truth, justice and reconciliation at the same time.
In my own opinion I don’t know how much truth came out of that process and or how much
justice came out. They certainly had no time to handle reconciliation. That’s why it was felt that
the NCIC, which came more or less at the same time, should take on some of the functions of the
TJRC.
The TJRC had some issues and one was the credibility of the Commissioners particularly the
Chairman. Civil society claimed that he had been involved in some historical injustices and there
was an impasse for about a year before they were reconciled. And then there was uproar again
when the report was published because the chair was one of the signatories. This has affected
the progress of the report. The report was supposed to go to Parliament for it to be debated and
adopted, but we hear that probably the report is going to be changed to remove some
contentious issues. I don’t know which issues. But many issues in that report relating to
reconciliation should come to NCIC.
When we were appointed to the NCIC, we immediately initiated a number of projects. We started
by initiating the inter and intra ethnic dialogue meetings. We realised that if our role is going to be
ethnic then we must have these meetings so that we appreciate who we are as well as others. We
involved religious leaders in some trauma and counselling sessions. We also agitated for dispute
resolution mechanisms, plus reconciliation, arbitration, etc. In order to trace who we were, we
decided on what we call “Kenya kwanza.” Kwanza means one. In other words can we put our
country first. This means putting service before self. We brought issues of patriotism, nationalism
and all that.
We also have the Wiyano platform. Wiyano means reconciliation. We brought together civil
society and government departments, who were dealing with peace to talk about peace and
reconciliation both at the constitutional referendum process in 2010 and during March 2013
Truth Commissions: the Best Practices
59
Select target paragraph3
Add to table of contents