On 25th January 2010, i attended a briefing session with the Truth Justice and Reconciliation Commission (TJRC). The Commission is headed by Amb. Bethwell Kiplagat. I particularly remember the challenge posed by Betty Murungi (who latter resigned as Vice Chairperson of the Commission). She stated that the TJRC, unlike other truth Commissions in the world, was working when the country was experiencing relative peace. She continued to note that this is a unique case and it will be interesting to see whether it fulfils its mandate.
Kenyans know what the TJRC has turned to. The parliamentary committee on legal affairs has given the Commission 72 hours to resolve all manner of controversy surrounding it. This means that the Commission has up to Monday 1st November 2010 to clean its house or risk dissolution by parliament.
Again we all know that this is in connection to the Chairman's suspected involvement (directly or indirectly) in the Wagalla Massacre. I have in previous posts argued that unless Amb. Kiplagat vacates office of Chairperson, TJRC will never work to fulfill its core mandate. I have condemned the hiring of victims as statement takers as an attempt to cover up the chairman, victim No. 1.
Back to the comment by Betty during our meeting. The reason why Commissions work with relative ease immediately after a period of war or unrest, is due to the willingness by all citizens to resolve past injustices. I believe that Kenyans quickly forgot the 2007/2008 post-election violence. If we still recall this tragic moment, it does not evoke the same sense of urgency as it did then. IDPs are a forgotten people. We even read reports that IDP resettlement funds were misappropriated. IDPs still ranguish in camps. Mr. Ocampo is yet to charge any Kenyan at the International Criminal Court, although investigations are proceeding well.Truth, Justice and Reconciliation -to resolve all historical human rights violations- is no longer a priority. I bet that the next time Kenyans will be treated to the language of Peace! Peace! Peace! is in 2012, before the elections.
Amb Kiplagat was among the first Kenyans to call for peace in 2007/2008. Today the Ambassador does waver in his quest to hold on to the position of chairman even if TJRC should collapse. This is high level impunity.
The TJRC was enacted through one of the a comprehensive legal mechanism - The Truth Justice and Reconciliation Act No 6 of 2008 (at www.kenyalaw.org). Therefore all factors remaining constant the Commission should be effective. However the chairman must resign if he truly respects Kenyans and all victims of human rights violations. Section 17 of the Act has very clear provisions on how the chairman may be removed from office.
I repeat Kiplagat must resign or the Commission disbanded. If the latter option prevails Kiplagat will never be remembered in Kenya for all his works good/bad.
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