In accordance with the agreement by the parties at the national dialogue team for a Truth, Justice and Reconciliation commission and in the spirit of reconciliation and national healing, the Kenyan government enacted The Truth Justice and Reconciliation Act 2008.
The Act provides for the formation of a nine member Truth, Justice and Reconciliation Commission. The commissioners will be drawn both from within and outside Kenya with due regard to the principle of gender equality and regional balance.
The Truth, Justice and Reconciliation process is intended to establish an accurate, complete and impartial historical record of violations and abuses of human rights and international humanitarian law as well as economic rights from 12th December, 1963 to 28th February 2008.
The Commission will investigate human rights violations committed by the state, groups or individuals. This includes but not limited to politically motivated violence, assassinations, community displacements, settlements and evictions. The Commission will also inquire into major economic crimes in particular grand corruption, historical land injustices and the irregular acquisition of land especially as this relate to violence.
Statements from victims, witnesses, communities, interest groups and persons directly or indirectly involved shall be received with the view to advance national or community reconciliation. This shall be done at forums where the victims’ dignity shall be restored while repentant perpetrators of gross human rights violations shall be afforded a forum to confess their actions as a way of bringing reconciliation.
The commission may offer confidentiality to persons upon request to protect individual privacy or security and also make appropriate recommendations for redress.
The commission shall identify and specify victims of the violations and make appropriate recommendations for redress. It will also identify people who should be prosecuted for being responsible or involved in human rights and economic rights violations and abuses and also provide redress.
It will identify people who should be prosecuted for being responsible or involved in human rights violations and abuses and also provide redress in respect of crimes of a sexual nature against female victims.
The Commission will compile a report that will be made public and a committee be established to oversee the implementation of the recommendation of the Commission.
Go to Top
