TJRC – Final Report

The TJRC, true to their word, have released the final report available on their website, and found below

From my understanding, the TJRC would like this report circulated widely to the public

vol 1

vol 2a

vol 2b

vol 2c

vol 3

vol 4

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11 comments on “TJRC – Final Report

  1. THE MISSING PARAGRAPHS IN THE YET-TO-BE IMPLEMENTED TJRC REPORT

    203. In addition, there were peculiar cases of land grabbing and related malpractices during Kenyatta’s administration which serve to illustrate how deeply the problem of land grabbing had cut into Kenya and the wanton manner in which key government officials, including the president grabbed what should have been public or communal land and “dished” it to relatives. A case in point involves the president himself. When Kenyatta’s son, Muigai, married Isaiah Mathenge’s daughter in 1976, Kenyatta’s wedding gift was a large tract of government land which was, apparently, acquired without official approval and without compliance with legal procedures.

    227. The foregoing statement discloses the potential danger of violent conflicts by Kenyans whose government has not only committed atrocities against, but has also failed over the years to recognize their plight and redress them. In light of secessionist movement inclinations manifested by the MRC at the Coast, any honest view that a community in Kenya would be better off with colonialists should be carefully addressed to avert the possibility of more secessionist movements that may be facilitated by the current establishment of regional governments across the country.

    230. In Taita Taveta District, many coastal families and communities settled, at independence, on what they believed to be government land, hoping that the government would officially resettle them on it. However, in 1972, the Greek Criticos family, in partnership with the then President Kenyatta himself, acquired the land to establish sisal plantations, leaving many families living on the land as ‘squatters’. A letter from Basil Criticos, a senior member of the family, dated 25 November 2011 indicates that the Criticos family, alone, owned 30 000 acres of land next to a bigger parcel of land owned by the Kenyatta family. This meant no one could construct a permanent building or enclose land to signify exclusive occupation and/or use, generating another source of long running conflicts over access to, ownership and use of land involving not only the Taita and other coastal communities, but those from upcountry who had settled on large farms as farm workers.

    231. Apparently over time, especially between 1996 and 2003, the Criticos family offered a substantial proportion of the 30,000 acres of land to the government for purchase at low rate of only KSh600 per acre to settle landless squatters. However, after acquiring the land, the government, in its usual style of irregularity, began to settle people from upcountry, especially the Kamba and not the coastal communities that the land was meant for. The Criticos familyfurther offered to sell land at concessionary rates to landless communities from the Coast and from upcountry, including those from Nyanza who had settled on the land as farm workers but the family’s efforts were thwarted by the government which, through the provincial administration, forcibly evicted the Criticos family from the whole parcel of land and began to irregularly settle people on it. By 2008, the Criticos family’s efforts to give up a large portion of the land for resettlement of the landless appears to have been completely disrupted, to a halt, as a result if illegal dealings with the land on orders of the then President, supplemented by support of the local MP and the Ministry of Lands and Settlement.

    257. However, after Kenya attained independence, in 1972, President Kenyatta unlawfully alienated to himself 250 acres of the land, especially portions on the beach. He also allocated part of the land to his friends, relatives and other associates. He directed residents that whatever was left of the trust lands would be established as settlement schemes for their benefit. However, without following due procedures of law, he again took part of whatever remained for himself and his relatives. He also demanded that local communities that should have benefited from the trust lands accept payment of KSh600 per acre. When the locals declined to accept the money, he told them that whether or not they accepted it, the remainder of the trust lands would go to the government. That is how irregularly President Kenyatta took all of Tiwi and Diani trust lands at the expense of local people who immediately became ‘squatters’ on the land and were subsequently evicted, rendering them landless and poor. By 2012, land in the former trust lands fetched KSh15 million per acre.

    261. Since Kenyatta’s administration, settlement schemes at the Coast have been fraught with irregularities, outright discrimination of landless coastal communities, settlement of mainly one upcountry community on coastal communities’ lands, land grabbing by high and low ranking government officials and fraud. It emerges that the real intention of settlement schemes at the Coast, especially in the period immediately after independence, was to settle mainly the Kikuyu tribe on ancestral lands of coastal communities. As a result, many members of coastal communities who lost their land during colonialism remain landless, poor and, in many cases, destitute, their means of livelihood having been forcefully taken away, as described below.

    – See more at: http://www.the-star.co.ke/news/article-122862/missing-paragraphs-tjrc-report-land-question#sthash.Z8yU2OWL.dpuf

    What is more, the three foreign commissioners of the TJRC are reportedly writing a book about their experiences, according to this twitter chit-chat between Betty Murungi and former CoE Ekuru Eukot. This promises to be a best seller.

  2. We can now kiss the TJRC recommendations good bye. Kenyatta has rallied his troops in parliament, and we now wait to see them mutilate the TJRC report to insulate his family, Moi’s family and those who were adversely mentioned in this report.

    What a waste!

    MPs can now change Truth commission report

    MPs on Thursday night made changes to the law that established the Truth, Justice and Reconciliation Commission in a way that could allow them to change the substance of the commission’s report.
    By JOHN NGIRACHU
    More by this Author

    MPs on Thursday night made changes to the law that established the Truth, Justice and Reconciliation Commission in a way that could allow them to change the substance of the commission’s report.

    So heated was the debate over the matter that Majority Leader Aden Dualle and Peter Kaluma (Homa Bay Town, ODM) had to be separated after their verbal exchange threatened to turn physical.

    The two MPs were separated by their colleagues as MPs milled about in the middle of the chamber as the bell rang to summon lawmakers to the vote that decided the matter.

    It was not clear what the fight was about but it came on a day marked by heated debates between the Jubilee and the Cord sides over Bills ranging from that on the regulation of the media to another on the police service commission.

    Mr Duale heads the Jubilee team in the National Assembly while Mr Kaluma is one of the more outspoken Cord MPs.

    The Justice and Legal Affairs had initially agreed to insert a clause in the Bill to amend the TJRC Act to prevent MPs from changing the report.

    It read: “In considering the report, Parliament shall not interfere with the context, text, form and substance of the report.”

    Up to the time committee chairman Samuel Chepkong’a proposed the amendments, indications were that the clause, a shield against changing the report, would be passed.

    But Mr Chepkong’a stunned his colleagues when the time came and he said, “I wish to withdraw (that clause) because it contradicts the Constitution. I withdraw the proposed amendment.”

    He said the clause was inconsistent with Article 117 of the Constitution: There shall be freedom of speech and debate in Parliament.

    Mr Chepkong’a, the URP-elected MP for Eldoret East, was supported by David Kangogo Bowen (Marakwet East, URP), Majority Leader Aden Duale, Jamleck Kamau (Kigumo, TNA), Kimani Inchung’wa (Kikuyu, TNA) and J.M. Waiganjo (Oljoroorok, TNA).

    “This commission were given the mandate to investigate historical injustices but if you go into the report, you will find that even in my own constituency where 67 people were killed, they are not in the report,” he said.

    “I support so that we can also include injustices which were done in Marakwet East to be in the report,” he added.

    CONVEYOR BELT

    Mr Waiganjo said MPs “can’t pass the report as a conveyor belt while we know in the report, there were people who were given an opportunity to appear before the commission while there are others who were denied.”

    “Parliament cannot be expected to just come, get the report, debate the report and then pass the report without interfering with the report itself,” said Mr Waiganjo.

    Mr Dualle, who is also the URP-elected MP for Garissa Town, said the TJRC was a creation of the House and MPs were within their rights in seeking to amend the report.

    “The people of Wagalla, the compensation they were given, it is for this House to decide whether it was too little and whether this House can increase it,” said Mr Dualle.

    MPs Opiyo Wandayi (Ugunja, ODM), Dr James Nyikal (Seme, ODM) and Benson Makali (Kitui Central, Wiper) who had at earlier stages of the Bill’s progress through Parliament had spoken against the Bill were up in arms.

    “I’ve got a serious problem with what is happening here,” said Opiyo Wandayi (Ugunja, ODM). “Remember during the Second Reading I raised serious issues with these amendments and it has now come to pass. This (withdrawn clause) was brought in to sugar-coat the mischief that was inherent in the amendment.”

    He said that if Parliament is to given the chance to consider the report without the caveat which was under the withdrawn clause, it would mean that the work the commission was doing was in vain.

    “This withdrawal was mischievous,” he protested.

    “Of all the amendments we have made today, this is the worst for Jubilee. For some of you, because you don’t want to face the reality, unless we look at historical injustices in this country, we shall never have a nation. Unless we think that if one of us is mentioned, that one of us can never be the millions of Kikuyus who are suffering without land in the Rift Valley or the people without land in Mombasa,” said Deputy Minority Leader Jakoyo Midiwo.

    Junet Mohammed (Suna East, ODM) argued that given that the Legal Affairs Committee had agreed to have the amendment.

    “We cannot allow a report of the TJRC to be mutilated in this House. This is mutilation. The chairman must declare his interest because how can a chairman withdraw an amendment of the committee?” said Mr Mohammed.

    Session chair T.J. Kajwang (Ruaraka, ODM) eventually allowed the clause to be adopted by Gladys Wanga (Homa Bay Town).

    “Families in this country are mourning. They have not settled. They have lost their loved ones and may be some of us here have not lost their loved ones in the circumstances that these families lost their loved ones and may that is why we can sit here today and say that we want to alter the TJRC report,” she said.

    She said the resources spent by the TJRC would go to waste if MPs are allowed to change the report.

    “History will judge the members of this House harshly if we leave the widows and orphans and everybody who is waiting for justice by altering, trying to remove people from this report. If they are guilty they are guilty, let them clear their names,” said Ms Wanga.

    Ms Wanga’s proposal however lost 36-64 at the physical vote.

    Another attempt by Zuleikha Hassan (Nominated, ODM) to stop the MPs from interfering with the report also failed.
    http://www.nation.co.ke/news/politics/MPs-can-now-change-Truth-commission-report/-/1064/2101712/-/f14w28/-/index.html

    • tragic, but not entirely unexpected.

      this jubilee parliament / regime is out to sanitize all past and historical injustice through intimidation, muzzling and gagging as well as obfuscate and rewriting history to favor all lords of impunity. strangely enough, their rabid supporters believe that somehow this is good for them.

      well in a few short years, they will come to their senses but will be too late

      does anybody still want to see a westgate commission?

    • Report is well done in terms of details. It is a long read so it will take time particularly for those who do not have the hard copy which you can read on the run.

      But the report has covered the vast record of human rights abuses and violations including massacres and political assassinations etc.

      In the recomendations there is room for improvement but the starting point is that both Uhuru and Ruto are cited as perpetrators particularly in land grabbing and even PEVs. The TJRC has asked that Moi and Biwott be investigated for Ouko’s murder. Even Kibaki has been fingered for authorising extra-judicial executions.

      For other victims there are calls to set up a reperation fund to compensate victims and survivors of abuse.

      We are going to extract these recommendations like teeth from a hippo’s mouth and that is if the hippo doesn’t swallow you like I read somewhere about a dude who got swallowed by a hippo and came out a live. Don’t ask me how that happened but it was in jamhuri. Hehehehehehe. That place.

      Here is the first problem. The current president and his deputy are in the list of pepetrators and so are all the presidents before them. The old Kamaliza himself has been cited for mass land grabbing (Willing grabber!). How the heck can anyone expect Uhuru to address injustices committed by himself and by his own parents including his own father who is reported to have grabbed land for himself, and his family. So the hyena is supposed to bring the goats back from the field. If you sit there and wait for your goats you deserve nothing. This is going to be a war of attrition, inch by inch.

      When I saw the nonsense about reperation funds I was happy I took my case to court and never bothered with grasping on wind from the TJRC. The next face of this battle will take place in the courts and in the political arena.

      The report is going to be very useful in empowering people to confront the thugs, the land grabbers and the murderers in high places but that is a war we have to fight. This is just one more weapon. It is a gun but you will have to put some ammunition in it and put it to use.

      Will the report open old wounds? Of course but since those wounds remain gaping open as we speak that will not be a problem. South Africa dealt with these problems from the word go, even though they had their own problems. In Kenya the gaping wounds of repression have been extended for 50 more years since independence. We will have to deal with it.

      • adongo

        you are obviously not very digital like our two amigos, otherwise you’d have one of those tablet thingies to read on

        our two amigos are very digital and the TJRC report confirms they are truly and very “iBad”

        i suggest you also go “iBad” 🙂 “bun intended” hehehe looks like typos on my keyboard

      • Here come the British version of TJRC:

        http://www.nation.co.ke/News/world/Britain-to-compensate-Kenya-Mau-Mau-/-/1068/1874116/-/item/0/-/28r63t/-/index.htmland

        1. The compensation is awful. How do you castrate folks, mutilate them at will and kill thousands of them and then 70 years later pay the surviving few peanuts. This thing comes to Kshs 300,000.00. That is less than what the Kenyan M.Ps earn in a week.

        2. I don’t know how this thing was negotiated but the lawyers should have pushed for meaningful compensation.

        3. The sly British government has managed to avoid any liability at all when you check the terms of the deal. This is just like a small gift to some old dying folks. That is an insult to the whole country and to the individuals involved.

        4. It does not look like there is anything for surviving family members in cases where the actual victims are no longer alive which is probably more than 90% of the victims.

        5. This negotiated settlement was meant to help the British avoid the nightmare of opening archives with the horrific details of the genocide they carried out in Kenya. The settlement is also meant to help avoid setting a precedent for other countries. Those are ammunitions for the lawyers to push for a better deal. We do have to acknowledge that settlements are also meant to help the petitioners get what they can get now instead of battling out in the courts for another 10 years. But a lot still needs to be done to sort this thing out. I am sure the 5,228 number is wrong and families of verifiable dead victims of the British Gulag need to be included.

        http://www.nation.co.ke/News/How-colonial-DO-kicked-off-veterans-quest-for-justice-/-/1056/1874532/-/ih49ia/-/index.html

        6. In terms of Kenyans own TJRC this tells you the origins of the vicious criminals who have run the country for 50 years and counting. Jomo Kenyatta was a devil and a professional criminal. Kenyatta robbed the country dry as the chief beneficiary of the Mau Mau war and yet he kept the Mau Mau banned as an illegal and terrorist organization. Mau Mau survivors could not bring this case until they were unbanned in 2002 because they were a criminal organization in Kenya. Kenyatta’s worst form of cruelty was against the Mau Mau fighters. He ripped them off every way he could.

        7. In 2003 Kenyans in the human rights organizations started working in groups and gave birth to several groups to pursue justice for victims and survivors of state repression in Kenya. I attended a few meetings and the challenges presented to us were enormous. The Mau Mau team had even worse challenges. The number one issue for us and for the Mau Mau team was time limit.

        8. In the Nyayo House torture survivor cases the lawyers told us the law requires us to be able to identify who arrested us by name, who tortured us by name. They told us you cannot just say I was tortured by police. They need names. Then we have the other issue of non existing records because the state never kept any. For people who were injured however brutal it was, the law requires verifiable evidence of the injury.
        So in our case we looked at all that and it was like wow, these criminals may get away with this thing.

        Then with the Nyayo House team a few brave souls volunteered to do a test case. It was very risky and Kibaki sent Wako to fight it vigorously. We won on every level. The one thing we did right from the start was having an NGO, People Against Torture (PAT) document every known case of torture. That provided a lot of help and Dr. Mutunga was very instrumental in getting help for PAT to do its job while he was with FORD Foundation. PAT was staffed by survivors themselves with veteran Njuguna Mutahi as the Executive Director.

        During the first cases of the Nyayo House squad, the time limit requirement was thrown out by the courts. The court ruled that for crimes so gross like torture there are no time limits. The court also ruled that it was absurd to ask people for names when the state goons sent to beat and kill people never ever identified themselves which was part of the torture plan. So we beat Wako to a pulp after Kibaki sent him to fight us and the courts gave awards which were very small at the beginning mainly in the Kshs 1 million range.

        Since then we have won every single case and the amount of compensation has gone up now averaging Kshs 2-3 million and going upto Ksks 6.5 million in the last batch of cases. So far the highest has been the MakOnyango case, the journalist who got Kshs 20 million. Dr. Odhiambo Olel had the highest compensation before that at Kshs 10 million. The third wave of cases which includes yours truly is in the pipeline and the hearings will begin as soon as the election petitions are over and the judges are available. For the first time we are also filing serious injuries and medical conditions arising from state torture. That is going to be a wrestling match.

        9. In our cases we have not be offered so called out of court settlements and we will not accept them if and when offered. It is a war that will be won or lost in the battlefield.

        10.For those wondering whether the TJRC recommendations will be implemented my advice is don’t hold your breath. There are parts they will pretend to implement. They can easily take the Nyayo House case and offer deals to the survivors because we are beating the crap out of them in court but piecemeal trickeries will not be tolerated by us.

        The elephant in the TJRC tent is the land issue and the biggest beneficiary of land theft is at State House now. That is why they polluted the report by yanking out parts of the land issue. Remember “willing seller, willing buyer” lies. The TJRC has debunked that and therein lies the nightmare. The TJRC report will help us with our cases and will help others file other cases but more importantly it is a time bomb in the cases coming before the National Land Commission. Tuko hapa hapa. We aren’t moving an inch.

        The good news with the TJRC report is that it is a live lindmine for legal suits that is going to flood the courts. Some people in government are going to start crying but when the state murders, tortures and robs the land you are going to have these landmines. People are not going to sit back and wait for Uhuru to make fake apologies and try to dodge his way around the real issues here. Some people say the TJRC did not say anything new and picked a lot of stuff from other reports. That is nonsense. The TJRC was formed by the government of Kenya to do what it has done. It’s report is an official document recognized by the state. That makes it a very powerful tool in law courts which is the next battlefield for this stuff.

      • Adongo,

        High court awards Gitobu Imanyara Sh15M pay out for unlawful detention

        By Wahome Thuku

        Nairobi, Kenya: The High Court in Kenya has awarded former Imenti Central MP Gitobu Imanyara Sh15 million compensation for unlawful detention in the late 1980s.

        Former Githunguri MP Njehu Gatabaki was awarded Sh10 million while former journalist Bidan Mbugua received Sh7 million.

        Imanyara, a politician and a journalist has been in the forefront of the democratic struggle in the country.

        He spent more than two years in Maximum Security Prison on charges associated with his work as a human rights lawyer.

        Upon his release, the former legislator in 1987 founded a publication Nairobi Law Monthly.

        Imanyara contested the Meru senate seat in the March 4 General Election in which he lost to rival Kiraitu Murungi of APK.

        http://www.standardmedia.co.ke/?articleID=2000085963&story_title=court-awards-imanyara-sh15m-pay-out

      • einstein,

        Yes, I saw the Imanyara story. Good stuff. I almost called my lawyer to ask him and her (there are two of them who work in the same law firm) what is the hold up with my case. But I decided to wait and talk to my comrades helping with the case first before I talk to the lawyers on Monday.

        The one thing I liked was that the judge acknowledged that the state represented by the AG did not dispute that the state engaged in acts of torture and other illegal acts of repression against Imanyara and others. That has been the case since these cases have been rolling.

        The state has no defense about the crimes it committed against its own citizens. Cruel and vile acts. Completely illegal, under Kenyan laws, then and now. The only defense from the Kenyan state has been to ask us to go for reconciliation and we told them to shove that somewhere else. We are not interested. Now they know we mean business. It is a war of attrition. We are ready for it. Everyday.

        The DN seem to have a better coverage on this.

        Here it is:

        http://www.businessdailyafrica.com/-/539546/1883170/-/r9em1m/-/index.html

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