In Summary

  • The TJRC Act states that the report must be implemented beginning six months after publication hence the urgency to clear key people cited
  • The challenge is that the TJRC Act sets tough timelines for the executive to implement the report without alteration.
  • The commission also looked into ethnic violence in the Rift Valley and the Coast, extrajudicial killings, torture of political “rebels” and theft of public land.

Jubilee leaders are plotting to remove the names of top politicians mentioned in the Truth Justice and Reconciliation Commission report, according to a government official.

It is understood that there is discomfort in government over the report that recommends the investigation and possible prosecution of powerful individuals in the present and past governments over alleged misdeeds.

The thinking, according to a senior government official who spoke to the Sunday Nation, is that the investigation and possible prosecution of nearly 400 individuals adversely mentioned in the report released in May would open old wounds and heighten tension in sections of the country.

Among those cited in the report, which probed the causes of historical injustices, are President Uhuru Kenyatta and his Deputy William Ruto. The two are cited in connection with the post-election violence of 2007 and 2008.

“Investigating all these individuals is akin to investigating the whole country. The country is so fragile for such an exercise. There must be other ways of bringing these issues to closure,” said the official, who asked not to be identified because he is not authorised to speak on the record on the subject..

The challenge is that the TJRC Act sets tough timelines for the executive to implement the report without alteration.

The Act also denies Parliament any role in the report.

Section 49 of the Act says implementation of the report must begin within six months of publication. The law also says that the relevant minister must table the report in Parliament within 21 days after its publication.

National Assembly Majority Leader Aden Duale tabled the report in Parliament last month.

It is said Jubilee hopes to exploit an amendment introduced in Parliament to allow MPs to amend the report. It is via this that the names of some individuals could be deleted.

The Truth, Justice and Reconciliation (Amendment) Bill was read for the first time in Parliament last month.

Mr Duale has defended the amendment but denied any planned cover-up by Jubilee.

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