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Lobby wants full implementation of TJRC report

04 October 2013, 15:52

Nairobi - The International Centre for Transitional Justice (ICTJ) warned that striking down parts of the final report of the Truth, Justice and Reconciliation Commission of Kenya (TJRC) would amount to censorship and obstruct the right of victims to an effective remedy for past violations.

ICTJ raised its concern in legal brief submitted to the High Court.

It was established that the High Court is now considering a petition challenging the constitutionality of the TJRC’s recommendations, which petitioners argue are mandatory.

Recommendations include the investigation and prosecution of persons suspected of committing gross human rights violations and that the president apologizes for historical atrocities.

ICTJ, which works to redress and prevent the most severe violations of human rights by confronting legacies of mass abuse, argued that while the recommendations of the truth commission were not legally binding, they were nonetheless legitimate.

“It is of great concern to us that this petition reflects fundamental misconceptions about critical transitional justice issues that could undermine victims’ rights,” said Christopher Gitari of ICTJ Kenya.

“It is our hope that the court will benefit from ICTJ’s knowledge and comparative expertise on the objectives of truth-seeking processes.”
TJRC was established in 2008 to investigate gross human rights violations and other historical injustices committed in Kenya between December 1963 and February 2008.

Working over a period of four years, the TJRC sought to identify the underlying causes of the 2007/2008 post-election violence and propose sustainable solutions.

In May, it handed over its final report, which is now tabled before the National Assembly. The report includes several recommendations regarding access to justice, reform of government institutions, investigations and prosecutions, reparations, and exclusion from public office of a number of people.

– CAJ News



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