Truth Justice and Reconciliation Commission mandate as outlined in statute

By LONAH KIBET

The Truth Justice and Reconciliation Commission Act number 6 of 2008 established the Truth, Justice and Reconciliation Commission (TJRC).

It was to investigate, analyse, and report gross human rights violations and other historical injustices in Kenya between December 12, 1963 and February 28, 2008 as part of the accountability component of Agenda Four of the National Accord signed in 2008 by Former Prime Minister Raila Odinga and former President Mwai Kibaki.

It is made up of Amb Bethuel Kiplagat (Chairperson), Tecla Namachanja (Vice Chairperson) and commissioners Ahmed Sheikh Farah from Kenya, Berhanu Dinka from Ethiopia, Gertrude Chawatama from Zambia, Margaret Shava also from Kenya, Ronald Slye from USA, Prof Tom Ojienda from Kenya and CEO/ Commission Secretary Tom Aziz.

It seeks to pursue truth, justice, peace, national unity, healing and reconciliation for national and individuals, as well as restoration of human dignity of victims and perpetrators.

The commission looks into gross violations and abuses of human rights including abductions, disappearances, detentions, torture, sexual violations, murder, extrajudicial, killings, ill-treatment and expropriation of, property.

Thereafter recommending the granting of amnesty for acts that do not qualify as gross violations of human rights.

The Commissioners will however, not prosecute or provide reparations since its not a court of law, it only recommends such action.

In addition, testimony provided before the Commission may not be used against the person testifying in either criminal or civil proceedings.