• Parliamentarians failed to pass enabling laws to operationalise the Sh10 billion restorative justice fund
• The amendment clipped the powers of all the agencies tasked with overseeing the implementation of the recommendations
Image: FAITH MUTEGI
The State Law Office blames the National Assembly for non-implementation of the Truth, Justice and Reconciliation Commission recommendations.
Further, parliamentarians failed to pass enabling laws to operationalise the Sh10 billion restorative justice fund.
Solicitor General Kennedy Ogeto said the MPs have blocked the government and its institutions from administering justice to the victims of historical injustices as recommended in the report.
Ogeto on Thursday told the Senate Justice and Legal Affairs Committee that the legislators amended the TJRC Act, 2008 that required the Attorney General to operationalise the report within six months of its publication.
“The new law requires the National Assembly to first consider and make recommendations on the TJRC report and its implementation may only commence after such consideration and recommendation,” the solicitor general said.
He said the amendment clipped the powers of all the agencies including the DPP and the Attorney General who the committee had tasked with overseeing the implementation of the recommendations.
Ogeto advised the Samson Cherargei-led committee to originate amendment to the TJRC Act to enable other state agencies to begin the implementation process.
“The Senate may consider initiating amendments to the law in terms of Article 109 (4) of the Constitution. The amendments, if effected, would give the Senate the authority to also consider the TJRC and make its recommendations,” the solicitor general said.
The commission that was chaired by the late Bethuel Kiplagat investigated and documented cases of human rights violations and historical injustices since independence.
It made radical recommendations to cure past injustices meted out on Kenyans by the state, groups and individuals.
The document was handed over to President Uhuru Kenyatta on May 21, 2013, and to Parliament two months later for implementation.
To date, the report has not been implemented and continues to gather dust on the shelves despite the victims of past injustices – rape, violence and historical land injustices – pushing for justice.
Yesterday, three victims of 2007 post-election violence and the 1982 attempted coup emotionally narrated to the committee how they were raped, tortured and rendered homeless.
They petitioned the Senate to fast-track the implementation of the report and the release of Sh10 billion President Kenyatta promised to heal the wounds of historical injustice.
They also want a joint parliamentary committee of the National Assembly and the Senate formed to oversee the implementation of the report.
But Ogeto, who represented AG Paul Kihara, said besides Parliament hindering the implementation of the recommendations, the report itself presented certain difficulties to its implementation which has legal implications.
For instance, he said, the report recommended the prosecution and investigations of deceased persons alleged to have perpetrated the injustices.
“The TJRC had made recommendations on incidents of historical injustices alleged to have happened during the colonial period, well beyond its mandate,” he said.
Mary Wairagu, a senior legal officer in the AG’s office explained that lack of the enabling law to guide the rollout of the restorative fund promised by the President has hindered the process.
“We need a formula. You cannot just pay money without some legal framework to guide you. This has not been passed by the National Assembly,” Wairagu said.