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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