The Kenya Truth Justice & Reconciliation Commission releases final report....Jipatie nakala yako.

PROBE MOI, BIWOTT OVER OUKO DEATH, SAYS TJRC









Wednesday, May 22, 2013 - 00:00 -- BY NZAU MUSAU AND PETER NGETICH

TRUTH, Justice and Reconciliation Commission has recommended the questioning of former President Moi over the1990 murder of former Foreign Affairs minister Robert Ouko.

In their final report handed to the President yesterday, TJRC said former minister Nicholas Biwott and TJRC chair Bethuel Kiplagat should also be questioned on the death.

"In addition to Biwott, former President Daniel arap Moi is a person of interest, and should be specifically questioned regarding the Molasses Project, as well as his inexplicable willingness to adopt and propagate the Ouko suicide theory. While there is no credible evidence that the Commission has seen that Moi was directly involved in Ouko's murder, he must take partial if not full responsibility for the failure of all of the inquiries conducted during his Presidency," the report says.

The report says many of Biwott's actions appear to have impeded a serious investigation in Ouko's death. On Kiplagat, the report says he should be further questioned, given his role in the Washington Trip theory as well as his more recent involvement with the Sunguh Committee and the allegation that he provided them with misinformation.

The commission calls on President Uhuru Kenyatta to publicly and unconditionally apologize to Kenyans over a litany of human rights violations by past governments. They include political assassinations, massacres, torture and other historical injustices.

The report was handed in to President Uhuru Kenyatta at State House yesterday, a fortnight after the statutory deadline of May 3.

Also named in the report for atrocities committed by the state during the Shifta war between 1963 to 1967 are former army bosses Major Wilfred Ndolo and General Jackson Mulinge. The report says the atrocities arose out of orders emanating from their offices.

"The Commission finds that Brigadier Joseph Ndolo and Brigadier Jackson Mulinge (as they were then) bear command responsibility for the atrocities committed against civilians by the Kenyan Army during the Shifta War," it says.

On the controversial land question, the commission has recommended that the Ndung'u land commission report- which implicated most senior political figures in the country, be implemented by the National Lands Commission.

Among the officials implicated include Moi, deputy President William Ruto, founding President Jomo Kenyatta, Inspector General of Police David Kimaiyo, judges, senators, MP's and other senior officials.

"The commission also recommended that all public officials, especially those in the department of settlement, who facilitated illegal allocations of land in settlement schemes should be investigated and prosecuted where offences were committed by them in the process of such allocations.

These recommendations should be implemented in the light of Chapter Six of the Constitution which renders such officers unfit for public service," the report says.

The report acknowledges that the three former presidents of Kenya presided over governments which were responsible for numerous gross violations of human rights.

Due to their role numerous atrocities, the report calls on security agencies-the Kenya Police, Kenya Defence Forces, and the National Intelligence Service to apologize for gross violations of human rights committed by their predecessor agencies.

It recommends that government considers negotiating with the British government with a view to seeking compensation for victims of atrocities and injustices committed during the colonial period by agents of the colonial administration.

It says that all of the individuals identified in the Report as responsible for the planning, implementation, and cover up of the Bulla Karatasi and Wagalla massacres should be barred from public office or any other position of public authority.

Chaired by Kiplagat, the other commissioner were Tecla Namachanja (Vice chair), Ahmed Farah, Margaret Shava, Prof Tom Ojienda, Gertrude Chawatama (Zambia), Prof Ron Slye (United States) and Berhanu Dinka (Ethiopia).

The TJRC report should have been handed over to President Uhuru Kenyatta on May 3 but the Office of the President delayed in fitting the commissioners into the President's schedule.

The commissioners wanted to present the report to President Kibaki in November last year but there were fears that it would have been used as a campaign tool.
The TJRC Act mandated the commission to establish an historical record of abuses by the State between December 12, 1963 and February 28, 2008.

Yesterday, Uhuru said his government will take the recommendations of the report seriously and that its contents would be made public.

Kiplagat said the report forms a fertile ground on which forgiveness, healing and reconciliation will be planted.Kiplagat appealed to Kenyans to forget the past, forgive one another and move forward as a united nation.

In attendance were Head of Public Service and Secretary to the Cabinet Francis Kimemia, Attorney General Prof. Githu Muigai and Chief Justice Dr. Willy Mutunga among other senior Government officials.

PROBE MOI, BIWOTT OVER OUKO DEATH, SAYS TJRC | The Star
 

Uhuru Should Lead or Get Out Of The Way



Patrick Gathara
"Fate, it seems, is not without a sense of irony." It is a line from the hit movie, The Matrix, that our "Digital Government" should be intimately familiar with. On the day that Uhuru Kenyatta stepped on the plane to London on his maiden visit as President to a Western capital (we had all thought that would be elsewhere), it was reported that his hosts in the British government were finally taking steps to address the impunity surrounding historic crimes perpetrated during the MauMau uprising.

The timing of the visit is, of course, ironic because our dear President himself faces his "personal challenge" across the Channel with regards to his alleged role in funding murderous militias during the 2008 post-election violence. He is expected to receive an invitation to visit there soon, though not necessarily in his illustrious capacity.

However, his trip to the UK is also ironic because of some nasty business he has left undone back home. Last week, the Truth, Justice and Reconciliation Commission, which was created to "establish an accurate, complete and historical record of violations and abuses of human rights, committed between 12 December 1963 and 28 February 2008," took out acres of newspaper space to announce that it had completed its report and was about to hand it over to the President. In fact, it gave the day for the handover as Thursday, 2 May 2013.

Well, it transpires that the President was apparently unable to make the time to receive the report. Now, most of the Kenya media are familiar with his "personal challenge" when it comes to punctuality. However, given the importance of this report, one would have expected more than a few eyebrows to be raised. The TJRC is expected to provide details regarding to abductions, disappearances, detentions, torture, murder, massacres, extra-judicial killings, crimes of sexual nature against female victims and expropriation of property suffered by Kenyans in the last half century. Its report should expose those responsible for gross violations of international human rights law and make recommendations.

Further the report will look into historical injustices affecting the irregular and illegal allocation of public land, economic crimes including grand corruption, the perceived economic marginalization of communities and misuse of public institutions for political objectives.

In short, the TJRC will exhume the ghosts of the past and give the country an opportunity to finally confront them. The need for such a reckoning cannot be gainsaid. The just ended elections exposed deep faults in our body politic, many of which reach all the way down to the foundations of our nation. The presentation of this report was to inaugurate a season of debate and reflection on the report leading to a critical reevaluation of our common history and a new understanding of the basis of our nationhood. Such an outcome would improve prospects for a real peace, real justice, real national unity, real healing, real reconciliation and real dignity for the people of Kenya.

However, with his disappearing act, the President has effectively put off that discussion. TJRC officials, while not speculating on the reasons for the snub, say that they cannot release the report findings until he has officially taken possession of it. Shortly after the handover, they planned to have the entire report posted online, for once circumventing the presidential prerogative of deciding what we could and could not be told about our past and the acts perpetrated by the state in our name.

Perhaps it's too much to expect our feckless journalists to ask about this. After all, they have not seemed overly concerned over the violations of citizens' rights that we have witnessed in more recent times. Just a day before the report was to be presented, the cantakerous and obnoxious COTU boss Francis Atwoli declared before both the President and the Nairobi County Governor, Evans Kidero, that he had his own "army" to deal with troublemakers such as pesky political activists, Nary a question was raised. No one has since asked our dear President why he stayed seated when Atwoli ordered police not to interfere as his goons proceeded to "deal" with Boniface Mwangi. Today, none of them questions why it is the battered and bruised activist who is on trial while Atwoli and his thugs roam the streets free.

Then again we shouldn't be too harsh with the press. Their fear of truth, their propensity to put off till tomorrow the thinking that can be done today, their worship of empty celebrity and their celebration of mediocrity - all these are endemic within our society. Our fake news is a reflection of our fake society. Or is it our society of fakes? After all, many had pledged support for Boniface Mwangi's protest. A few even turned up at Uhuru Park. But when he stood up, he was alone. No one stood up for him when he was assaulted.

All this is reminiscent of the days when we keep ourselves locked in our homes when our neighbours are attacked, hoping we won't be next. Or when we watch impassively as girls are pulled kicking and screaming out of matatus and gang-raped, thinking our own daughters are immune. When we laugh at women being publicly humiliated for "dressing indecently." When we condone the abuses meted out by the authorities in far away places like Garissa.

We must shed this cloak of fear that holds us back from articulating a more useful and confident narrative of citizenship. We should once and for all confront our demons and lay them to rest. The President, who perhaps has more of them to face than most, should either lead the effort or get out of the way. We do not have time to waste and we cannot afford another false start.

Gathara's World: Uhuru Should Lead or Get Out Of The Way
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Kenyatta led elite in land grabbing



Mzee Jomo Kenyatta: His regime, was riddled with land grabbing which was perpetrated by him for his benefit and members of his family according to the TJRC report.

By NATION REPORTER
Posted Tuesday, May 21 2013 at 22:52

In Summary


  • Other leaders who engaged in the pratice were Mbiyu Koinange, Ronald Ngala, Oginga Odinga, through the Luo Thrift and Trading Company, Gikonyo Kiano, J.M. Kariuki, Masinde Muliro and Paul Ngei.

The regime of Kenya's first president, Jomo Kenyatta, was riddled with land grabbing which was perpetrated by him for his benefit and members of his family.

The Truth Justice and Reconciliation Commission report says that the injustice also benefitted other political leaders from other tribes.

The report released Tuesday revealed that between 1964 and 1966, one-sixth of European settlers' lands that were intended for settlement of landless and land-scarce Africans were cheaply sold to the then President Kenyatta and his wife Ngina as well as his children.

The report says that throughout the years of President Kenyatta's administration, his relatives friends and officials in his administration also benefitted from the vice with wanton impunity.

Retired President Daniel arap Moi, who succeeded President Kenyatta at the helm of the country's leadership, was also a beneficiary.

http://www.nation.co.ke/News/politi...abbing-/-/1064/1859262/-/ki3iy1z/-/index.html
 
Managing the aftermath of TJRC Report

Saturday, May 11, 2013 - 00:00 -- BY JOE ADAMA

It would appear that President Uhuru Kenyatta's baptism-of-fire factors are becoming a serial affair. Hard on the heels of his first official visit to Britain comes the matter of the tabling of the Final Report and Recommendations of the Truth, Justice and Reconciliation Commission , one of the most explosive probe commission reports in Kenyan history.

Prior to his departure for London it was reliably reported that there was a tussle between the Office of the President and the TJRC commissioners about the protocol of handing over the Report. OP wanted an advance certified copy of the Report and Recommendations but, for some reason, the TJRC commissioners appeared to want the presentation ceremony to be the first time the Presidency was seeing the document in its final form.

The TJRC was established under Section 3(1) of the Truth, Justice and Reconciliation Act No. 6 of 2008. Its official and stated objectives are the promotion of peace, justice, national unity, healing, reconciliation and dignity among Kenyans. It inquired into historical injustices and gross human rights violations, including breaches of socio-economic rights, between Independence Day, December 12, 1963 and February 28, 2008.

The TJRC Act and mandate were part and parcel of the National Accord negotiations mediated by former UN Secretary General Kofi Annan that brought an end to the December 30, 2007-February 28, 2008 post-election violence and produced the Grand Coalition regime of then President Mwai Kibaki and Prime Minister Raila Odinga.

According to an advertising feature carried in the major national newspapers on Thursday May 2, the day the TJRC were first scheduled to hand their report to President Kenyatta, it comprises four volumes of documentation of information gathered from statements, memoranda, individual and thematic hearings.

The TJRC also gave notice of the fact that upon the final report's submission to President Uhuru, an abridged version will be published in three national newspapers, a popular version distributed widely throughout Kenya and the complete Report posted on the Commission's website.

The final report's contents are by all reliable accounts the worst possible news for the Kenyan extended establishment, including the UhuRuto establishment, which is very much still something of a construction site.

According to reliable sources, the report dissects some of the most egregious wrongdoing perpetrated under the watch of the first three presidents, beginning with President Uhuru's Dad and founder of the Kenya Presidency Jomo Kenyatta.

The commissioners investigated the 15-year Kenyatta era, the 24-year Daniel arap Moi era and Kibaki's first five-year term.

THE HOTTEST PROBE REPORT SINCE 1975

President Uhuru will approach the TJRC Report & Recommendations with something of the delicateness of handling a known poisoned chalice. Indeed, the tabling of the report will be the most momentous event since founding President Jomo Kenyatta received the Report of the Parliamentary Select Committee into the JM Kariuki March 2, 1975, assassination at State House, Nairobi.

On the occasion of the 25th anniversary of Kariuki's death on March 2, 2000, the Daily Nation finally reported details of what transpired at both Parliament and State House on June 3, 1975, the day the committee was to report to Parliament, in a two-part exclusive that set a record for newspaper circulation figures in Kenya that stands to this day.

Investigative reporter Kamau Ngotho told the story of how members of the Select Committee were summoned to State House by President Kenyatta on that day: "Mr Elijah Mwangale, the chairman of the Parliamentary Select Committee, was in conference with his 13 members in Room 7 on the first floor of Parliament Buildings. They were going over the details of the 38-page report when word came through the clerk's office that the committee was required at State House, Nairobi.

"Three copies of the report had been done. Mr Mwangale took one with him. The other two were each put in the ‘custody' of former Butere MP Martin Shikuku and former Wajir East MP, the late Diriye Amin.

Their instructions were simple: They were not to leave the precincts of Parliament until the afternoon session of the House was over. Meanwhile, Mr Mwangale left for State House with a few members of his committee. They included former Starehe MP Charles Rubia and former Lurambi North MP Burudi Nabwera.

The two MPs with the other copies were ‘policed' by other MPs. All the windows of Room 7 were locked inside and the keys taken from the sergeant-at-arms and kept in the custody of the two MPs. Were all these precautions necessary?

"Suspicions were high. Attempts to sabotage efforts to table the report could not be ruled out. Every so often, the custodian MPs took turns to visit Room 7 to confirm the copies were still intact. The tension was aggravated at 2.30 pm when the afternoon session of the House started without any word on when the Mwangale team would return.

Meanwhile, at State House, Mr Mwangale and his team were facing Mzee Kenyatta and had been asked one question: Why were the names of Cabinet Minister Mbiyu Koinange and that of the president's bodyguard, Senior Supt of Police Arthur Wanyoike wa Thungu, in the report?

"Rubia: "Kama ni hivyo, Mzee, tunaweza kuondoa hayo majina alafu tuipeleke Bunge" ("If that is the case, Mzee, we can delete the two names and thereafter we table it in Parliament").

Kenyatta: "Kama ni hivyo sawa sawa!" ("If that is the case it is alright").
Mzee Kenyatta gave Mr Mwangale a green pen. He made him delete the two names and sign against each deletion".

Uhuru needs a different strategy

How times change! President Uhuru will find much that he does not agree with in the TJRC report, even passionately, for instance some of the information on acquisition of landholdings. But he clearly does not have his father's override options and even if they still existed, the original version of whatever he wanted redacted or revised would still find its way to the internet. There would also be the small matter of having to redo the entire print run of the abridged and the popular versions, which must number in the hundreds of thousands already, if in fact not millions.

There is another 21st Century context and paradigm that did not exist in old Jomo's time: the British government has taken the extraordinary and totally unexpected option of a negotiated cash settlement with between 10,000 and 50,000 Kenyan survivors of the Mau Mau State of Emergency affair.
If the old colonial power can be seen to recompense Kenyans in this manner for historical injustices that took place at mid-century last century, then the Kenyatta II Administration had better be smart about how it manages the rolling out and the immediate aftermath of the TJRC report and the injustices of the independence era.
This will clearly require the rolling out of a public relations and information campaign the likes of which the previous three presidential administrations in Kenya could never have contemplated.

Managing the aftermath of TJRC Report | The Star
 
Hii ripoti itafinikwa kama nyengine nyingi tu kabla yake. I dont expect the Uhuruto team to tackle the recommendations therein bearing in mind they are mentioned adversely throughout the report.

As they say....MOVE ON
 
do not forget there have been so many reports that have been unveiled before only to be swept under the rug...(are they unveiled to settle political scores or to pursue justice) will this be differrnet time will tell...
The courts are open..this is the time to test the competence of the reformed court. it is the window of opportunity kenyans have been waiting for. In the past regimes you would either bite the bullet or get tortured. hope kenyans will get the courage to take those adversely mentioned to court.
 

The Courts of Dr Willy Mutunga cant do nothing about this report.

First off, the people mentioned adversely include the President and his deputy alongside their families. In the recomendations there is room for improvement but the starting point is that both Uhuru and Ruto are cited as perpetrators particularly in land grabbing and even PEVs. The TJRC has asked that Moi and Biwott be investigated for Ouko's murder. Even Kibaki has been fingered for authorising extra-judicial executions. So u want me to believe that Uhuru Kenyatta would allow himself to be hauled to court to answer to the recommendations?

The current president and his deputy are in the list of pepetrators and so are all the presidents before them. The old Kamaliza himself has been cited for mass land grabbing (Willing buyer or willing grabber!). How the heck can anyone expect Uhuru to address injustices committed by himself and by his own parents including his own father who is reported to have grabbed land for himself, and his family. So the hyena is supposed to bring the goats back from the field. If you sit there and wait for your goats you deserve nothing. This is going to be a war of attrition, inch by inch.

Then add to the fact that Kenya's unreformed police force and security agencies have grossly violated the rights of innocent Kenyans across the board...from the Wagalla Massacre to 2007 PEV. How do you investigate such people when they still walk in stride in the corridors of power? Beatings, massacres, random murders, rapes, looting, torture, ... all on a large scale. Security forces in Kenya continue to pose a very grave danger to the security and welfare of Kenyans.

The TJRC believes rightly so, that Kenyan security forces have been involved the commission of crimes against humanity but I believe and know that no amount of scrutiny will bring these guys to book as is evidenced in the history of Kenya when it comes to catching big fry!



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Let us leave the president and his deputy from the discussion because they have a case which is yet to be determined by the ICC because understand that the cases means much more to the non-signatories of the rome-statutes like the US and Europeans than those still rotting in IDP camps. Same case to this TJRC report. Can we ask whom is it of value to???.. Would the implementation of the TRJC reports shamefully take the path the ICC cases have taken. there is absolutely nothing wrong with the unveiling of the report and the method TJRC commission took to come up with names but I predict trouble will come in its implementation. there is the very word justice in the acronym TRJC so the recommendations cannot be implemented without the courts being involved.

after the 'faudelent' election, there were the demands for mass action and what ensued after that is well documented with the full knowledge that the courts could step in to arbitrate. The unveiling of the report is in good faith but the implementation of the report will not be driven to compensate the victims of the atrocities. like the unveiling of other reports before It is not the first time this is happening. After the dust has settled on the controversies surrounding the report very few families of those that were affected will recieve actual compensation by the state.


Insecurity from groups such as Mungiki alshabaab and MRC have been a thorny issue, when they threaten the existence of ordinary kenyans. if it is true that you are mindful to the welfare of Kenyans how many Kenyans have died out of insecurity related issues like car-jackings robberies with violence etc???...how many kenyans contitnue to die upto now???...The scale at which the security forces have conducted ther operations before is controversial???..what then about those pple that lose property or get killed in skirmishes???..dont these people have rights as well???...Why is there trouble addressing things through the court systems...is there a group that still wants to use bush tactics to achieve their goals..

I am expecting civil groups to sue the security forces on incidences of laxity. But the priorities of these civil groups are questionable because they have been politicized and are driven by the lust for money. Even your little phrase of 'catching the big fry' sums up the overall intentions nothing works without money even those that are truly oppressed and do not have money never find freedom or justice from anything by the mere fact that they are poor. In short catching the big fry is a political stint and even to win a war of attrition you will always require the numbers.....
 
The other difficult question is how is reconcilition and cohesion supposed to be achieved if the courts do not step in??? does it happen when just a mere acknowledgement to the crimes by those mentioned are made???..
 
The 3 international TJRC Commissioners (Chawatama, Dinka, and Slye) all refused to sign the final TJRC Report. They have now released the attached dissent, disowning the changes made to the Land Chapter (Ch2 of Vol 2B).

The attached statement fleshes this out, but in summary the following items were deleted from the final report without the consent of commissioners, as required under the "Final Procedures For Adopting The Report" agreement:

203: Jomo Kenyatta grabbed public land without ever bothering to even pretend to follow procedure. When Kuigai Kenyatta married Isaiah Mathenge's daughter in 1976, Kenyatta's wedding gift was a large tract of government land, completely in contravention of legal procedures (as quoted by Hornsby, Charles, Kenya: A History since Independence, p.314).

231: The Criticos family offered a large part of their coastal land to the government at just Kshs 600 per acre, to resettle landless squatters. The government bought the land but, in 2003, allocated it instead to Kambas from upcountry. When the Crititicos family offered another portion of the land to settlers from Nyanza who had worked on the farm as workers, the government evicted both the Criticos family and the Nyanza settlers, in 2008.

257. In 1972, Jomo Kenyatta unlawfully allocated himself 250 acres of prime coastal land in Tiwi and Diani, including on the beachfront. Whatever was left was set up as settlement schemes meant for locals. However, he again grabbed part of this remaining land, and the government repossessed the rest. The locals remained landless.

261. After that, the settlement scheme was used to settle mainly Kikuyus from upcountry, while the locals remained landless.

https://attachment.fbsbx.com/file_d...inline=1&ext=1370276860&hash=ASs_5PlY2cwJeKcz
 
Kenya bado sana aisee. Hayo yaliyoko kwenye makaratasi ni magirini tu.

Na hii serikali ya Uhuru ni ya kihuni kabisa. They are thugs.

Eti sasa wamempiga marufuku Raila kutumia VIP facilities kwenye viwanja vya ndege.

Very stupid of them. Classless bunch of goons.
 
As I had predicted, the TJRC report may be on its way to the shelf, the same fate that befell the Ndungu report on land and other reports. 'rerfomers' that are mentioned alongside other perpetrators of various crimes are devicing subtle political ploys to discredit the TJRC report by invoking 'clauses' on land using clever-manipulation of public opinion and dissent to stop its implementation..
As someone said that everything in kenya has been politicized, will the common mwananchi who's rights have been before violated get reparations?.only time will tell
 
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