icpcafrica

ICC Expected To Complete Bulk Investigations in 2010

2010-11-05T01:57:00.001-07:00

International Center for Policy and Conflict expects the International Criminal Court (ICC) to complete the bulk of its investigations into the deadly violence that followed Kenya's 2007 election by the end of this year, and to start trials in 2012.

The Office of the Prosecutor of the International Criminal Court should file the first cases and complete confirmation hearings by the judges of the ICC in these cases by the end of mid- 2011, with trials to start as early as 2012. Accountability for crimes committed by all sides remains a top priority.

Certainly there are indicators, but we don't have confirmation and won't until the Prosecutor submits his evidence and request to the judges. However, assuming he does request an arrest warrant against the perpetrators for alleged crimes, it would be a major step in limiting the impunity associated with horrific crimes against civilians. And it will send the message that there is less and less immunity for the most serious crime under law, regardless of position. It would be foolish to oppose accountability for those most responsible.

Peace depends on capacity to ensure that justice knows no frontiers, and we shall never fail in our defence of the responsibility to protect, for we believe that the inalienable rights of the individual need the protection of international justice mechanisms if national judicial process fails. We support the International Criminal Court. We stress the need for cooperation by both member states and non-member states with the Court in general, and as regards the execution of arrest warrants in specific.

It is also necessary to clarify that the Provincial Commissioners and Provincial Police Officers being asked to record statements with the International Criminal Court investigators are neither witnesses nor suspects. Curiously though, why would a government that keep insisting it supports justice for the post-election violence appear hell-bent in creating unnecessary hurdles to the International Criminal Court while it has completely failed to enact the Special Tribunal? Further we would like the government to come clean on who is footing the Bill of hiring the lawyers to act on behalf of these former and current state

Resignation of TJRC Chair not a cure to truth seeking process in Kenya

2010-11-05T01:55:00.001-07:00

The international center for policy and conflict (ICPC) welcomes the resignation of TJRC Chair Ambassador B. Kiplagat but warns that the problems facing the truth seeking process in Kenya are beyond the credibility of the Chair as earlier misconceived by the general public.

ICPC believes that the only option for a credible and effective commission will only be achieved by the disbandment of the whole commission. Truth seeking is more of a spiritual process whose controversy on credibility ,legitimacy and institutional as witnessed in the past more than one year put the commission in conflict with its envisioned mission and therefore its death.

For an effective truth seeking process we have to deal with the following realities;

First TJRC has no legal basis in the new constitution dispensation in the country considering that conditional amnesty forms its backbone, the TJRC act therefore needs to be reviewed to be in tandem with the new constitutional provisions to avoid a constitutional court challenge in future which will down water it s recommendation and end report.

That TJRC has failed on being independent from both perpetrators and victims by employing the victims of past human rights violations this compromises its objectivity and neutrality and opens a Pandora’s box on the perpetrators who can comfortably move to court against its recommendations and win.

That for TJRC to enjoy institutional legitimacy it needs to thorough consultation and have a serious outreach before its work begins
Need also to gain political and international support and must be seen as part of the entire agenda of change as well as strengthen its technical capacity to undertake its task.

icpcafrica: All I want is justice, not revenge

2010-08-18T02:07:00.000-07:00

icpcafrica: All I want is justice, not revenge

All I want is justice, not revenge

2010-08-18T01:13:00.001-07:00

Even before International Criminal Court prosecutor Luis Moreno-Ocampo came to Kenya last week, displaced people had been pleading with the government to increase the promised compensation sum.

But for people like Ruth Njeri, monetary compensation is not enough. Njeri, who lives in Shalom City Mawingu, a camp for displaced people near Nyandarua, was raped and her husband brutally killed during the post-election violence. The painful memories haunt her as she worries about providing for her two young children.

“We want to see justice being done,” she says, “As far as we are concerned, the future of this country lies in Ocampo’s hands and we want him to know that thousands of people are looking to him for justice and also to ensure that this country does not have a similar experience such as the one that stole our loved ones and our livelihoods!”

Talk of the violence evokes gruesome memories for Njeri as politicians worry about the fate of those who masterminded the post-election violence.

“What happened cannot be wiped from my mind, and life has been hell for me,” says Njeri quietly. “When we gather in the camp to discuss the issue, our main hope is that Ocampo will not allow politicians to convince him to let them off. We want him to conduct investigations so that the individuals involved can be charged and tried at The Hague, not in Kenya, because we have no confidence in the government.”

Before all hell broke loose in January 2008, Ruth was living in Kericho with her husband and eight-month-old son, Douglas. Her husband owned a thriving shoe business and provided well for the family.

“That evening, my husband heard about the looting going on in town and decided to go and check whether his shop had also been broken into,” she recalls.

“I had prepared the evening meal and decided to do the laundry as I waited for him. When he came back, he was very shaken. He told me that the shop had been looted, but I told him that since it was happening all around, we should not worry too much because after things calmed down, we would work hard to regain what we had lost.”

Phone call

Njeri’s husband then went on to reveal that he had received a phone call from a friend in Londiani, where his parents lived.

“He said he had been told that both his parents had been killed and buried in a mass grave,” she says, “I could see that even as he spoke, he didn’t believe what he was saying. He also told me that he had seen hundreds of youths wearing white T-shirts and red shorts being brought to the town in a lorry. When the phone rang again, I answered it, and what he had told me was confirmed. We were advised to go into hiding as soon as possible to save our lives.”

Still in a daze, Njeri left her husband watching the evening news while holding their son and went outside to hang the washing. Out of nowhere, an arrow landed next to her foot and then she heard a strange sound. She looked up to see the low walls of the compound surrounded by painted faces.

“They were howling like dogs and were dressed in white T-shirts and red shorts,” she recalls. “I stood rooted to the ground with fear, knowing that these were the men my husband had referred to earlier. About seven of the men entered the compound and began kicking and pushing me into the house while the rest went away.”

Once inside the house, they took the little boy from Njeri’s husband and flung him against the wall. They then attacked her husband. “They were prepared and well-armed,” recalls Njeri. “They had machetes, rungus, arrows and whips. I cried for mercy, then pleaded, but they would not listen. I ran to the bedroom and got them Sh40,000. I begged them to take the money and leave us but they just laughed.

"One of them snatched the money from me, smelt it and threw it in my face. He reached into his pockets and pulled out many Sh1,000 notes, ‘We don’t need your money, we have been paid well to do our job,’” he said.

“My husband cried out, telling me to look after our son — if we survived. I felt helpless as I watched them beat him ruthlessly,” recalls Njeri, tears welling up in her eyes. One of the men came and brandished a panga in her face before using it to slash her husband’s neck. “They laughed. One of them picked my son from the floor, held him by his feet and then dropped him head first.”

But they weren’t done yet. Next, the men dragged Ruth into the next room, kicking and slapping her. “One cut me slowly and deliberating above my knee while another, who was smoking, burnt my thighs with a cigarette butt several times,” she says, lifting her skirt to reveal the scars.

Njeri was barely conscious when they began raping her in turns. But she remembers that each one would finish with her then help himself to some of the food she had cooked. Her last memory of that night is of the men pouring hot water on her naked body before leaving her for dead.

Nearly three days later, Njeri regained consciousness in hospital but had no idea how she got there. After recovering a little, she joined the hundreds of displaced people at the local district officer’s compound, where she was reunited with her son, who had miraculously survived. Over the next few days, they were transported in lorries to the Nakuru Showground, where they would receive food and shelter.

“At the showground I met several women who had also lost everything,” she says. “But that didn’t make my loss any easier to bear. However, we all agreed that our politicians had turned the elections into a battle for power and used tribal tensions to disturb the peace in the country and the safety of the very people they claimed to speak for. It was the ultimate betrayal.”

Unknown to Njeri, the attack would continue to haunt her in other ways.

A couple of months after the incident, she reported to the health clinic within the camp that she has missed her period. She was tested, but the medical staff were evasive about the results although they continued counselling her. After six months, Njeri wanted to terminate the pregnancy but was not allowed to.

“I wondered how I could have a child whose father I did not even know, and who would be a constant reminder of my humiliation,” she offers. “I tried to convince the authorities to let me have an abortion but they said it was too late. They told me not to hate the child because it was part of me, and that it was innocent.”

Due to the damage to her body after the gang-rape, Njeri couldn’t give birth normally. Apart from special counselling, she also received clothing, food and medical aid before the baby was delivered through a Caesarian section. “I couldn’t bring myself to look at the baby or hold her,” she recalls.

“Several of my companions and the nurses tried to convince me but I was angry, bitter and helpless. I wondered why this had to happen to me. I knew many other women who had been raped during the violence, but why was I so ill-fated as to fall pregnant with a rapist’s child?”

“It is God’s will, breastfeed your child and your love for her will flow,” Njeri repeats the words of an old woman at the hospital who understood what she was going through. “On the third day I breastfed the baby, Miracle Wanjiru, for the first time, and the bond of love broke the regret of how she had been conceived.” Miracle is now an active 14-month-old baby.

Although the government is trying to resettle the displaced people, thousands like Njeri are still languishing in camps. Food and water are scarce, medical help is inadequate and diseases like cholera, typhoid, pneumonia and malnutrition continue to take their toll. Worst affected are young children and the elderly. Njeri and her children have been admitted to public wards at the local hospital several times for various infections.

“We know that some people have already been resettled on the plots promised by the government, but we wish they would speed things up and provide the compensation money quickly.”

Njeri has made no attempt to go back to Kericho because she feels there is nothing left to go back to. She works as a casual labourer on farms near the camp to pay for food for her family. Sometimes they sleep hungry because there is no food or no fuel to cook with. Their tent is leaking and when it rains, everything gets soaked. The nights are cold and several times her few belongings have been stolen by other desperate people.

Njeri finds herself swinging between depression and the will to rebuild her life. “At times I look at our condition and wonder whether it will ever end, or what kind of punishment this is,” she cries. “Then I look at others who are worse off… for women who were raped and contracted Aids, it is a sure death sentence. Then I count my blessings and console myself that although I lost my husband and my property, I still have the son of the man I loved, and I consider Wanjiru a blessing and another reason for me to live.”

Njeri is eager to receive her parcel of land and compensation money because it will help her rebuild her life. She also needs money to seek treatment for her back and pelvis, which were injured when she was assaulted. Her son also suffered an injury in his private parts that needs to be corrected surgically.

Suffering

“Nothing can wipe out our suffering and no amount of money can compensate what we have lost, that is why we want justice, not vengeance,” asserts Njeri, wiping away her tears. “We want the perpetrators of these heinous crimes brought to justice, and the only way that can be done is through the ICC. We don’t want the politicians linked to these crimes to get off scot-free. We have seen criminals in high places walk away free when tried locally.

We cannot allow them to continue living in luxury while thousands of innocent wananchi continue to live in squalid camps. These people have to answer to us and to the world for the crimes they committed. Aren’t we all human beings at the end of the day?

If Kenya is to be saved from the crimes of these power-hungry politicians who can go to any length for personal gain, the government has to set a precedent and allow the ICC to do its work to ensure that nothing like this ever happens again here, or anywhere else,” she says passionately.

Hate speech

2010-06-24T03:23:00.000-07:00

In the current and still on the draft constitution there exist a clause about the freedom of speech, but with the recent turn of events it turns out that some public speakers are finding themselves in trouble because they are allegedly overusing this right to incite people against others Wananchi. Now, What is the defination of a "Hate speech"Is the government doing right by suspending some of its employees? By presenting them to court to face charges about incitement? Whats your take?

"NO" Team's Uhuru Park Meeting Bombing

2010-06-14T02:50:00.000-07:00

Having the current death toll to be five and seventy five injured with some cases being critical,almost every sane Kenyan is asking him/herself..on who might be behind this.With the "YES" team having denied any involvement it becomes a mystery because its a game between two players. Or is it a grand plan by the "NO" team to get sympathy votes?Would they do that at the expense of innocent kenyan lives?Whats Your take?

MOI SHOULD APOLOGIZE TO KENYANS FOR HIS NYANG’AU TIRADE

2010-05-27T05:05:00.001-07:00

Retired President Daniel Toroitich Arap Moi is on the offensive. He and his long time diehard apologists are
determined at whatever cost to continue rejecting and forestalling national rebirth. They killed, maimed, and
detained gallant Kenyans fighting for freedom, justice and equality. Of course Moi was not the first president of the
republic of Kenya but post colonial challenges followed him fourteen years after inheriting the presidency from
Jomo Kenyatta. Among the reasons the first generation dictators could plead is the cold war but these problems
aside these crop of leaders committed the worst forms of atrocities against their innocent and helpless populace.
In the untenable tact called African wisdom, Kenyans had legitimate expectation that one would not maliciously
pursue the retired president for the mistakes and crimes he committed inadvertently. In fact President Mwai Kibaki
in his 2002 inauguration speech alluded to this saying “One would have preferred to overlook some of the all too
obvious human errors and forge ahead, but it would be unfair to Kenyans not to raise questions about certain
deliberate actions or policies of the past that continue to have grave consequences on the present’ .
President Kibaki acknowledged and indicted Moi’s dictatorial edicts “Fellow Kenyans.....
read more"www.icpcafrica.org"

State –Church Constitution Negotiations Illegal and Illegitimate

2010-04-26T04:04:00.001-07:00

The State-Church negotiations on the Proposed Constitution being held are time barred, illegal and
illegitimate. They are not only discriminatory, not recognized in the Constitutional Review Act 2008 but
also are meant to subvert the sovereign will of the people. The International Center for Policy and
Conflict has said today.
In Constitution making, it is the people who exercise their sovereign will to write the social contract
for and amongst them. It is not the church, state or third party representatives. This is precisely why;
Committee of Experts has faithfully adhered to the views of Kenyans regardless of political negations
and memorandums from various interest groups.
There can be no constitutional negotiations driven by partial interest-based factions. People of Kenya
are not going to be blackmailed into adopting a Constitution that would be intended to evangelize
certain christianity or religious doctrine. This would be a ripe for chaos and anarchy. Kenya is a multireligious,
cultural and secular society.
International Center for Policy and Conflict would like to state that the Interim Independent
Constitutional Dispute Resolution Court (IICDRC) was formed as an integral part of the Constitutional
Review in order to act as an independent arbiter on matters arising from the process. The Court has
already published its rules of procedure. If any person has any grievance over the Proposed
Constitution or the process, he or she is advised to seek remedial measures at it {IICDRC}.
The President and Prime Minister must not as such appear to endorse or condone activities that
undermine the authority and functions of the Court.
We are surprised that the Attorney General Amos Wako, Lands Minister James Orengo and Justice
Minister Mutula Kilonzo all sitting in a meeting purporting to resolve so-called contentious issues being
whipped by Church leaders. Even more tragic, they were appointed to serve in 10 member irrelevant
committee in so far as the Constitutional Review Act is concerned. This Committee has no status in the
Constitutional Review.
Constitutional Review train has already gone past its last corner heading to the station under the
stewardship of the Constitutional Review Act 2008. Those who are calling for the stoppage of the train
in order to remove some rails on the railway line won’t succeed. They are living in the past, which
served them well. Kenyans are on top of their future destiny.
We are urging Kenyans not to waste any more time in registering to vote for the Proposed Constitution.
Kenyans, you are the right holders not the church or the state. Register and vote for your future now.

Who is safe??

2010-03-29T01:00:00.000-07:00

16th March Tuesday's dawn broke with a welcoming shock of cleaned out ICPC Offices. stolen: Computers and specific files containing specific information. Security of the building has never been in question with guards at the entrance and every floor, and the simple question was; why ICPC offices?Why the specific files? Why the risk? Who would have the power to silence all the guards? Are the innocent people whose names might have been in the files in question safe?
It was an operation carried out in a very professional level meaning it wasn't a bunch of amateurs but rather high skilled people who new what they were doing. Who was behind this??????
This a clear depiction of an insult to human rights..having people out there who think they can do whatever they want just because they have the power and in the position to exercise it....the voice of the innocent,the oppressed, the victims of the consequences of the action of those in power is high but if it keeps being muffed like this who will hear it???

Enactment of Special Tribunal for Kenya Unavoidable

2010-03-07T23:45:00.000-08:00

By the Office of Prosecutor of the International Criminal Court (ICC) giving 20 indicative suspects to the Pre-Trial
Chambers’ judges on March 3rd, 2010, it makes it inevitable to enact the Special Tribunal for Kenya, International
Center for Policy and Conflict said today. Otherwise there will be a grave impunity gap. It might be difficult for the
Office of the Prosecutor to gather sufficient evidence against all these suspects that would meet the criteria and
threshold of admissibility to the Court to enable prosecution of all these suspects.
However, if the Prosecutor is allowed to conduct official investigations into Kenya Situation, and after collecting
evidence finds out that the evidence he has gathered was not sufficient enough to prosecute all the suspects and the
crimes within the jurisdiction of the Court, he will be forced to issue sealed indictments of the suspects and evidence
he would have colleted against those suspects and hand them over to the government of Kenya to try those suspects
locally. He will only prosecute those suspects and crimes as set out by the Rome Statute criteria. This makes it
inevitable to enact internationally acceptable Special Tribunal for Kenya to try not just those suspects that Prosecutor
won’t prosecute at the ICC but also the majority of other dangerous suspects who committed serious crimes and are
still looming large.
In this regard, civil society is set in the next few weeks to initiate the process of re-introduction of the Private
Member’s Bill of Hon. Gitobu Imanyara, MP Imenti Central. The Bill was withdrawn in December 2009 to give room
for consultations amongst various stakeholders. Majority of victims who submitted their views to the Pre-Trial
Chambers expressed strong support for the International criminal Court while urging that local Tribunal was of utmost
necessity.
Meanwhile civil society has written to the International Criminal Court expressing support to the Court but more
importantly giving details of their concerns with non-existence of any genuine national judicial proceedings and its
implications. The letter further urge the Court to listen to the voices of the victims who are crying for justice while the
government of Kenya, which is the duty bearer and with responsibility of administering justice to the victims, is very
busy either blocking enactment of the Special Tribunal or protecting suspects from prosecutions. Key suspects
happen to hold powerful positions in the government.
Signed by
Ndung’u Wainaina
Executive Director,
Background Information
On the 16th December 2008 His Excellency Mwai Kibaki President and Commander in Chief of the Armed Forces
together with the Rt. Hon Raila Amolo Odinga signed a historic agreement which was in the following language:
Agreement for the implementation of the recommendations of the commission of inquiry into post election violence
RECALLING the Agreement on the Principles of Partnership of the Coalition Government made on February 28th,
2008 and the Agreement for the Establishment of a Commission of Inquiry on Post-Election Violence dated March 4,
2008;
CONVINCED that the fundamental reforms must be instituted to create a better, more secure, more prosperous
Kenya for all;
DESIROUS to establish a framework for the implementation of the recommendations of the Commission of Inquiry
into Post Election Violence as contained in the Report dated October 16th, 2008 (the CIPEV Report”); and
PURSUANT to the National Accord and Reconciliation Act as entrenched in the Constitution of Kenya,
NOW THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:
Article 1: Establishment of the Special Tribunal for Kenya
The Parties shall prepare and submit to the National Assembly for enactment a Bill to be known as “The Statute for
the Special Tribunal” to give effect to the establishment of the Special Tribunal to seek accountability against persons
bearing the greatest responsibility for crimes, particularly crimes against humanity, relating to the 2007 General
Elections in Kenya. The Bill shall provide for the matters recommended by the CIPEV Report in relation to the
Special Tribunal for Kenya.
Article 4: Public Officers and Offices
The Parties shall ensure that any person holding public office or any public servant charged with a criminal offence
related to 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon.
The Parties shall ensure that any person convicted of a post-election violence offence is barred from holding any
public office or contesting any electoral position.
Note: The attempts failed when Parliament rejected Tribunal Bill on February 12,2009 for the reasons, among others
that: It did not meet constitutional safeguards or the criteria and conditions set by the Waki Report; As drafted it
could not win the confidence of victims because of lack of credible, impartial, independent investigations and
prosecution procedures; It did not guarantee standards of trials set out in the Rome Statute; It did not have financial
and political independence; and Provisions on witness and victim protections were inadequate.
Since then government of Kenya has no will to pursue the matter and through cabinet decision of July 31, 2009
rejected the redrafted Bill twice opting to support the now disgraced and unreliable Truth Justice and Reconciliation
Commission.

Respect International Legal Obligations; Arrest President Al Bashir

2010-03-07T23:43:00.000-08:00

The International Center for Policy and Conflict (ICPC) is calling upon the government of Kenya
to immediately arrest or facilitate arrest of President Omar Al-Bashir if he was to ever set foot
inside the country for the Inter-Governmental Authority for Development (IGAD) and or for any
other eventuality. Failure to do so would amount to clear violation of the arrest warrant issued by
the International Criminal Court (ICC) on March 4, 2009 for President Al-Bashir.
We wish to state that under the principle aut dedere aut judicare, (extradite or prosecute); Kenya
has a legal obligation to extradite a suspect of crimes against humanity and war crimes and
surrender the same to the International Criminal Court (ICC) for prosecution or to submit the
case to its competent authorities for the same purpose. President Al Bashir was stripped off
guarantee of not being arrested if he visited South Africa, Nigeria and Uganda recently. All are
signatory to the Rome Statute. Since the issuance of the arrest warrant, President Al-Bashir has
visited seven states namely Eritrea, Egypt, Libya, Qatar, Saudi Arabia, Ethiopia and Zimbabwe,
none of which is a party to Rome Statute treaty.
Also we do observe that Kenya has ratified the 1984 Convention Against Torture, which requires
it to extradite or submit cases of persons found in territory subject to their jurisdiction suspected
of torture.
In case the government of Kenya does not act, we will be compelled to file necessary
applications before the United Nations (UN) Security Council for appropriate measures and
sanctions in the circumstances. Under Article 87 (7) of the Rome Statute of ICC, the Court can
refer the case of non-compliance back to the Security Council which may decide to take further
measures.
Despite Kenya’s international legal obligations, including the Rome Statute of the International
Criminal Court (ICC), it has shown no will and commitment in investigating and prosecuting
people responsible for atrocious international and domestic crimes. Kenya must arrest and
surrender President Al-Bashir to the ICC to avoid complicity in the crimes against humanity and
war crimes he is alleged to have committed in Darfur.
Phone: +254(020)2219757
2473042
E-mail: icpc.afric@gmail.com
admin@icpcafrica.org
Hazina Towers 9th Floor
Utalii Lane off University Way
P.O.Box 44564-00100
International Center for Policy and Conflict Nairobi, Kenya
www.icpcafrica.org
Given that Kenya was recently elected to sit in the African Union Peace and Security Council it
has a legal responsibility to deny a safe haven to the Sudanese President and such other suspect
who is wanted by the ICC or any other international criminal tribunal.
President al-Bashir is accused of orchestrating heinous crimes – including widespread murder
and rape – in Darfur. However, some African leaders have expressed hostility to the ICC. These
leaders seem to fear accountability; but there is strong backing for the court in Africa. We are
confided that the voices trying to discredit the ICC will not drown out the support for the court
from human rights defenders and victims.
Some African officials have also criticized the court for not investigating situations outside
Africa. The court makes decisions about its investigations on a variety of factors, including
whether it has jurisdiction. Some of the worst crimes perpetrated since 2002 around the world
have been committed in states that are not parties to the court and are thus outside the court’s
authority.
Despite its limitations, International Criminal Court and other international justice mechanisms
should not be denied to African victims where it can be achieved because it is not yet possible to
ensure justice for all with territories where some of the human rights atrocities have occurred.
Instead the reach of accountability should be extended and supported to wherever serious
international crimes occur.

Our Demand on Kiplangat stepping down Remain

2010-02-25T04:19:00.001-08:00

Campaign presents great opportunity to address legacy of impunity
We stand with and by our joint decision of January 31, 2010 with Center for Multiparty Democracy (CDM) calling for credible, impartial
and impunity-free Truth Justice and Reconciliation Commission (TJRC) and resignation of Amb Bethuel Kiplagat, the International
Center for Policy and Conflict, ICPC said today. We are encouraged that many victims as well as local and international human rights
groups have joined the campaign.
It is heartening that yesterday ten former chairpersons and commissioners of truth commissions across the world urged Bethuel Kiplagat
to step down as chairperson of the TJRC. The respected Chairpersons and Commissioners including Archbishop Desmond Tutu,
former chairperson of the South African Truth and Reconciliation Commission; Bishop Joseph Christian Humper, former chairperson of
the Truth and Reconciliation Commission for Sierra Leone; and Salomon Lerner Febres, former chairperson of the Peruvian Truth and
Reconciliation Commission said presence of Amb Kiplagat at the helm of the TJRC “would create a conflict of interest with his role as
TJRC chairperson and put commission's work and reputation at risk”.
“Amb Kiplagat must not run away from problems or pretend nothing is wrong. Our decision has significant implications for the people of
Kenya who have long suffered the cumulative effects of state-sanctioned impunity”, asserts ICPC.
We note that the sabotage of the post-election violence accountability for serious crimes process and appointment of Truth Commission
Commissioners with questionable past are not accidental. They are both striking examples of efforts that have been undermined by the
government of Kenya’s lack of commitment to delivering genuine accountability for past abuses.
In light of this unaddressed legacy and the persisting need to provide justice for victims, ICPC believes that the resignation of Amb
Kiplagat must be followed by credible and comprehensive efforts to uncover the truth, promote justice, and ensure reparations for
victims. We have to reaffirm and heighten our struggle for the past human rights violations and post-election violence justice.
"This campaign should be used as an opportunity to set Kenya on the right path, not as an excuse to sidestep efforts to promote
accountability”, adds ICPC.
We want to remind the Parliamentary Committee on Administration of Justice and Legal Affairs as it prepares to meet TJRC tomorrow
that on May 30th 2009 in a public statement, we urged the Committee “not to allow the selection of Truth Justice and Reconciliation
Commissioners process to become another political exercise” and that “ the Truth Justice and Reconciliation (TJRC) is
handling very sensitive matter that makes it imperative for people appointed as Commissioners must be people of integrity
and beyond reproach particularly on all or any of the matter under investigation by the Commission”. We stand by our position.
Finally, we are calling for immediate freezing of recruitment of the TJRC Staff. TJRC staffing process must be done by credible
Commissioners and open and fair. The TJRC should be staffed by people who have proven reputations of integrity, and who are not
implicated in past abuses, with a fair representation of gender and regional diversity. The selection process must therefore be public.
For more Information
Contact
Ndung’u Wainaina, Executive Director
Office Number: 0202219757
Background Information
On January 31, 2010 International Center for Policy and Conflict sand Center for Multiparty Democracy (CMD) launched a campaign
calling for credible and impartial and impunity-free TJRC. On February 5, 2010, the two governance and human rights organizations
wrote to all the development partners in based in Nairobi urging them to honour and live faithfully to their word on ending impunity by
freezing all support to the TJRC.
To confirm our honest and commitment to our demand, on February 7th, 2010 we tabled publicly evidence linking, implicating and
associating Amb Kiplagat to violations that are subject matter of the Commission( contravene the TJR Act). We are disappointed that
German Embassy and United National Development Programme have found it necessary to listen to Kenya’s voices. We did write to
Amb Kiplagat and other Commissioners giving them all this evidence.

IMPUNITY-FREE TJRC BOGGED BY CHAIR’ S CREDIBILITY CRISIS

2010-02-07T23:38:00.000-08:00

We want to state categorically that Kenyans quest for an impunity-free, credible and dependable Truth Justice and Reconciliation Commission is undeterred. Kenyans have had enough of 37 or so public pressure pacifying commissions and task forces that consume billions of hard won tax payers’ money with little or not impact at all because of lack of implementation. Kenyans do not want a TJRC which is an accomplice to perpetuating impunity; they need one that is an agent of transitional justice.
We are back here in our persistent call for the resignation of the Commissioners en masse for allowing an illegal and irregular process to proceed and for refusing to heed Kenyans calls to deal with the various anomalies in both the law and the composition of the Commissioners. In order for this commission to be successful it must be made up of members with un-impeachable integrity who do not have a point to prove. This commission must not only have the power but the political will to follow the truth however painful to wherever it goes. This is too important to leave to an assumption. The process leading to the setting up of this TJRC strayed from the law governing the process and our fundamental principles of integrity, accountability and legitimacy. The TJRC must hold itself to a higher goal and a higher power as it is a fundamental component of the justice-seeking step towards reconciliation for Kenya. As part of the process, the commission after knowing the truth should be empowered to remedy including awarding compensation to the victims.
Our country's greatness has to be guided and supported by our willingness to take a serious and thorough look at our mistakes. While it may be unpleasant, not doing so would compound the error, and increase the chances that it would be repeated. We cannot continue being a hypocritical nation that only lives up to its ideals when it is convenient. It is our time and within our capacity to change the course of history for this nation, this is not the time to blink or close our eyes pretending that all is well. Hardly anything is well.
We remain convinced that only an independent truth commission that yields the necessary credibility, legitimacy and confidence of Kenyans would be the surest way to conduct a thorough investigation of all that went wrong over our horrendous past, so that we can genuinely get to the full truth and hold lawbreakers accountable. It would be a big mistake to waste such a historic opportunity by allowing the current TJRC to proceed with impunity.

In this regard we would like to communicate the following to the people of Kenya:
1. Civil society’s role is to critically scrutinize and monitor the TJRC as a necessary ally in achieving sustainable peace in Kenya based on the rule of law and human rights while exercising constructive engagement.
2. We stand on principle. If Kenyans and our international friends mean what they say in dismantling impunity they must not appear to condone or endorse it.
3. The provisions of the Article 10 (6) (a) (b) (c) of the TJR 2008 Act are very central to our impunity-free, credible and dependable Truth Commission demand. We quote them yet again, “Notwithstanding the provisions of subsection (5), no person shall be qualified for appointment as a Commissioner unless such person---- (a) is of good character and integrity, (b) has not in any way been involved, implicated, linked or associated with human rights violations of any kind or in any matter which is to be investigated under this Act; and c) shall be impartial in the performance of the functions of the Commission under this Act and who will generally enjoy the confidence of the people of Kenya”. These provisions read together with Article 6(functions of the Commission) of the TJR Act 2008, specifically 6(b) --- “investigate the context in which and causes and circumstances under which the violations and abuses occurred and identify the individuals, public institutions, organizations, public office holders, the state, state actors, or persons purporting to have acted on behalf of any public body responsible for or involved in the violations and abuses”.
In respect to these provisions in the TJR Act 2008; we give evidence which questions the integrity on the person of the chair as below:
Corruption and land grabbing:
1. H.E. Ambassador Bethwel (Bethuel) Kiplagat is named in the Report of the Commission of Inquiry into the Illegal/Irregular Allocation of Public Land (popularly known as the Ndung’u Commission of June 2004) as beneficiary of public land: page 798 Volume 1; Item 104: HG544 L.R. No. 3734/83, Lavington, 0.354 Ha; allocated 1988: with the subsequent recommendation by the presidential commission that the allocation be revoke. (see attached details);
2. We have further information that property LR. No. 575, a farm in TransNzoia was to be allocated @ 10 acres per member of the Liyavo Farmers Cooperative but with President Moi’s interference every member was allocated 5acres with instructions that the balance of 120 acres be allocated to H.E Bethwel (Bethuel) Kiplagat which he later sold to former PS. Finance; Mr. Joseph Mahero Oyula (see attached details).
Political and Human Rights:
1. As High Commissioner in the UK, he received several petitions from 1982 by the London Committee for the Release Political Prisoners in Kenya (RPP) to forward and appeal to former President Daniel Arap Moi (see a copy of such an appeal). However instead of assisting the victims of torture and political detention as named in those reports, the Amb. seems to have used the information to implicate human rights campaigners like Hon. Dr. Wanyiri Kihoro – detained in 1986 for three years (after spending three months under torture in the infamous Nyayo House). In his book ‘Never Say Die’ Kihoro gives details of the grounds for his detention which were delivered to him in Naivasha Prison as follows: ‘…that when you were in London, between January 1982-Jan 1986, you were involved in activities which were dangerous to the good government of Kenya in that you coordinated the activities of the Committee of the Release Political Prisoners in Kenya’.
2. In his book ‘Blood on the Runway: The Wagalla Massacre of 1984’ Abjad Howartz Xudayi (also known as S. Abdi Sheikh) who is also a founding member of the Truth Be Told Network; a lobby group working to bring the perpetrators of Wagalla Massacre to justice, Xudayi tells the readers that as Permanent Secretary Foreign Affairs Amb. Kiplagat is said to have participated in a high level security meeting on or around 7th-8th February 1984 – his name appears among others in the visitors’ book at Wajir District Commissioners office and in the DC’s annual report as a participant in a high level Security Committee meeting which is alleged to have subsequently ordered the actions which led to the infamous Wagalla Massacre.
Credibility on the international peace processes:
1. Amb. Kiplagat has defended himself on his peace role in Somalia. Look at how far peace is from Somalia;
2. His role in Mozambique and work with the Renamo rebel group has been challenged including facilitating the rebel leader Afonso Dhlakama with a Kenyan passport to fight an independent African government;
Conclusion:
The Chair being the most visible embodiment of the Commission, his credibility has to be above reproach. The wheeling and dealing at the international and local level is beginning to emerge as the core character otherwise, why would Amb. Kiplagat force himself on Kenyans and refuse to back down after so many people who do not know each other, and have never met before, quote him in a number of instances even in books which he is not on record as having challenged before yesterday.
The perception that Amb. Bethuel Kiplagat has a human rights record to defend is a terrible misfortune that will adversely affect the work and performance of the TJRC. For instance, there will be individuals and even communities that will ignore the TJRC because of lack of confidence and trust in the institution resulting in an ineffective commission or one that will emerge with insufficient, insignificant and an inaccurate report.
Our position is to advocate with vigour for an independent, impunity-free TJRC that enjoys the confidence of all Kenyans and reaffirm our position that Amb. Bethuel Kiplagat must resign and allow Kenyans to proceed with their reform agenda. He has fallen far short of satisfying the legal and public requirements of the job so that he could effectively deliver on truth, justice and reconciliation.
Signed by;
Njeri Kabeberi, Centre for Multi-party Democracy (CMD-Kenya)
Ndung’u Wainaina, International Centre for Policy and Conflict, ICPC

On behalf of:
Haki Focus
Transitional Justice Working Group
Victims’ Rights Advocacy League
Center for Human Rights and Democracy
Kenya Land Alliance
Coast Peace Network