Research and Discussion Paper on a TJ Framework for Zimbabwe
office, both serving and retired.73The commission was also mandated to investigate, as thorough as
possible, the causes, nature and extent of the gross violations of human rights and economic rights
which were committed during the period.74The commission was also mandated to provide victims,
perpetrators and the general public with a platform for non-retributive truth telling that charts a
new moral vision and seeks to create a value-based society for all Kenyans.75 This includes
determining means of redress for victims and recommending the prosecution of perpetrators as well
as reparations for victims.76
Public Report: The final report was handed over to the president on May 2013. However, three
international commissioners unofficially declared dissenting opinions, charging that government
officials from the Office of the President had meddled in the commission’s affairs, particularly
changing the landownership part of the final report.77 They further declared that “the Kenyan
commissioners had been coerced into giving an advance copy to the president and were required to
alter paragraphs in Volume IIB, the Land Chapter, to diminish allegations of illegal conduct against
former President Jomo Kenyatta and his family.”78 The report is available publicly, but only in English.
Findings: The commission found that for the period it had to investigate all the governments were
responsible for numerous gross violations of human rights. All governments had perpetrated
torture, political assassinations, arbitrary arrest and detentions, illegal and irregular acquisitions of
land, economic crimes, grand corruption, extrajudicial executions, sexual violence, looting and
burning of property, and enforced disappearances.79 The commission considered that tackling
impunity is a necessary and urgent step in the full restoration of the rule of law in Kenya, in
establishing lasting peace and stability, and in fostering reconciliation. For this reason, the
Commission has recommended that specific individuals should not hold public office in Kenya’s
constitutional order on account of their past conduct and/or decisions which resulted in gross
violations of human rights.80
Recommendations: The commission recommends that the president, state security agencies and, in
particular, the Kenya Police, Kenya Defence Forces and the National Intelligence Service offer a
public and unconditional apology for gross violations of human rights committed by their
predecessor agencies between December 12, 1963 and February 28, 2008, especially for acts of
extra-judicial killings, arbitrary and prolonged detention, torture and sexual violence.81
The commission finds that in most cases, the state has covered up or downplayed violations
committed against its own citizens, especially those committed by state security agencies. During
73
Ibid
Ibid
75
Ibid
76
Ibid
77
Truth, Justice, and Reconciliation Commission, "Final Report - Dissent by International Commissioners"
(2013).I. Core TJRC Related Documents. 8. https://digitalcommons.law.seattleu.edu/tjrc-core/8
78
Christopher Gitari Ndungú: Lessons to be learned: an analysis of the final report of Kenya’s truth, justice and
reconciliation commission, ICTJ briefings; https://www.ictj.org/sites/default/files/ICTJ-Briefing-Kenya-TJRC2014.pdf
79
Ibid
80
Report of the truth, justice and reconciliation commission;
http://knchr.org/Portals/0/Reports/TJRC_Volume_4.pdf
81
Ibid
74
30
DRAFT
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