Bunge la mwananchi

Peace and Development Network Trust (PeaceNet Kenya) was founded in 1992 and is a national umbrella of NGOs, Faith- based organizations, Community based organizations and initiatives committed to encouraging collaboration, facilitation and mobilization of local peace initiatives in peace building, promotion of justice, security sector reforms and conflict resolution in Kenya.

PeaceNet Kenya’s membership and constituency view the essence of Kenya’s TJR process as an opportunity for peace building and reconciliation of our society which for years has witnessed widening rifts amongst various Kenyan communities and sections of society. It is on this basis that PeaceNet Kenya membership has engaged with the TJR process since 2006; an engagement that has also entailed making legislative recommendations during the drafting process of the Truth, Justice and Reconciliation Commission Act, 2008.

We take note of the fact that the appointment of the Truth Justice and Reconciliation Commission (TJRC) in 2009 by the President elicited mixed reactions from a section of the citizenry especially those that were victims of past injustices. The voices against the Commission majored (and have now again in January 2010) their pitch on the credibility of certain individuals in the commission perceived to be potential witnesses, having served in the political regimes that either sponsored or condoned the violation of human and community rights. While recognizing that major concerns have been raised against some of the individual Commissioners, it should not be lost to Kenyans that we also have a responsibility to safeguard the institution of the TJRC.

With regard to this matter, we call on the Commissioners to also collectively appreciate that they cannot ignore the issues of credibility put before them. More than anyone else, the Commissioners needs to demonstrate that they understand that reconciliation applies to everyone; it is not just a process for those who suffered directly or those who inflicted the suffering but also the larger Kenyan society. We call on the Commission to urgently seek a process to acknowledge that the issues of credibility are paramount, and any further procrastination will most definitely lead to a futile exercise at the expense of the noble mandate of this Commission. We call on the Commissioners to make difficult decisions to safeguard this process for the interest of all Kenyans.

PeaceNet Kenya also wishes to call on all stakeholders to embrace a culture of consultation and tolerance to ensure a participatory process. A key priority would be civil society groups providing platforms and mechanisms aimed at encouraging people to feel secure while telling the Truth. The success of the TJR process is largely dependent on voluntary disclosure of injustices perpetrated and thus the need to ensure even those accused are given a fair and equal opportunity to tell their stories.

PeaceNet Kenya wishes to remind the nation that reconciliation is a deep process that involves coming to terms with an imperfect reality which demands changes to our attitudes, our aspirations, our emotions and feelings, perhaps even our beliefs. Such profound change is often vast and a painful challenge, and cannot be rushed or imposed. As a country, taking this journey together is definitely a pre-requisite.

PeaceNet Kenya urges the Minister for Justice, National Cohesion and Constitutional Affairs to convene an urgent meeting of all stakeholders to chart a way forward. It is not sufficient for the Ministry to point out that civil society actors had been consulted in the process of identification and selection of Commissioners. The Ministry also needs to acknowledge the fact that the participation of the civil society has also continuously raised a number of fundamental concerns, key amongst them, and the issue at hand regarding credibility of certain Commissioners.

There has to be a sincere and demonstrated desire by the Government to institute and operationalize a mechanism that addresses concerns raised by all stakeholders. On his part, the Minister has a responsibility to ensure that the TJR process is safeguarded as part of the implementation of Agenda IV.

In view of the recent calls for the resignation of the TJRC Chair, by a broad cross-section of stakeholders both here and abroad, PeaceNet Kenya wishes to state that this turn of events seemed to have further complicated the possibility of the commission as currently constituted to ever being able to command the requisite respect and confidence from Kenyans.

The possibility of a judicial process to clear the Chair or otherwise, may not necessarily translate to the restoration of this fractured respect and confidence in the Commission by the public. It is our contention that what the chair and other commissioners of TJRC need most to drive such a process is moral integrity, not legal correctness. This is especially compounded by the fact that Kenyan judicial system has not always resulted in the right and popular decisions especially on matters regarding public interest.

The prevailing “stalemate” has seemingly stalled the process and any further public engagements by the Commission would most likely be met with resistance in most parts in the country. It is in this regard that we call upon the Commissioners to collectively and individually pursue those decisions that will take TJR process forward.

Signed:

Board Members of PeaceNet Kenya

1. Micheal Muragu –Chair of the Board, Central Region

2. Wesley Chebii – Vice Chair, North Rift Region

3. Rev. Joe Asila – Treasurer, Nyanza Region

4. Pamela Odera , Western Region

5. Rev. Samuel Tanui, Central Rift Region

6. Jane Jilani - Coast Region

7. Gabow Abdi Bare – North Eastern

8. Hussein Mursal- Upper Eastern Region

9. Angeline Elijah, Lower Eastern Region

10. Rev. Getrude Openda – Nairobi Region

Honorable Members of Parliament, Fellow Commissioners, Ladies and Gentlemen.

I appreciate that the task before us as a commission and as individuals is a very heavy responsibility.

The whole nation is looking upon us to deliver a process that will be victim-centred, grounded on fairness and justice, open and thorough in its deliberations and decisive in its recommendations.

Personally I have worked my whole life to bring peace and reconciliation between people. The TJRC offers me an opportunity to serve my country in the area of my calling.

Kenyans have been waiting for decades for a process such as the Truth, Justice and Reconciliation Commission. Over the last forty or so years, each generation of survivors and victims have lost several of their members, consigned to the grave before they had a chance to tell their stories, share their pain, confront their former tormentors and articulate the redress they seek.

As commissioners we therefore have our work cut out for us.

That is why I consider it so unfortunate that so much energy is being expended on the question of my suitability or otherwise to be the Chair of the TJRC.

The fact that I have been placed in the position of having to defend my integrity, my honour, my sense of justice, commitment to human rights ideals and democracy at this late stage in my life is quite a challenge to me.

One would have thought that my long career in public and diplomatic service should have cleared any lingering doubts but I am now faced with a dilemma:

Do I bow to the pressure of a well-orchestrated media based lynch mob, which is likely to be interpreted as confirming the allegations leveled against me?

Or do I stand my ground and invite the criticism that I am oblivious to perceived public opinion?

Despite having repeatedly defended myself in the media and in disregard of the numerous statements in my defense from a cross section of society, the debate continues.

My only recourse therefore is to clear my name through a formal legal process.

Ladies and Gentlemen, I am a believer in the rule of law and the fact that all Kenyan’s have a constitutional right to be considered innocent until proven guilty in a court of law.

This is a fundamental “Human Right” which applies to me as much as to every man, woman and child on this earth.

I believe that all people should abide by the rule of law and not take actions outside the law or make judgments based on unproven allegations.

In fact, the individuals claiming to represent Human Rights and other Civil Society Organizations should be the last to resort to a lynch mob mentality. It goes completely contrary to their mandate and fundamental principles of protecting the rights of everyone irrespective of status and station in life. It is indeed ironic that some of my accusers have been treated unfairly in the past as a result of the absence of this very principle.

I also believe that the trend to call for the resignation of any person based on media reports, perception and vaguely defined “public opinion” is a dangerous trend in particular when our history has shown how ignoring the rule of law can lead to catastrophic results.

If allowed to continue, it is not farfetched to imagine any of us in this room could in future be victims of similar campaigns as we carry out our public duties.

In view of these fundamental beliefs and more so as the Chairman of a commission, whose mandate, is to address past injustices, I cannot merely step aside. Doing so would amount to condoning and encouraging the abuse of human rights, mine included.

My fellow commissioners, as individuals who believe in Truth, Justice and the Rule of Law none of us should take any action or draw any conclusions based solely on allegations, opinion or perception.

So what next?

Since no one has brought any case against me and in order to clear my name, I am enjoining myself in a case already filed against the TJRC so that the allegations leveled against me are determined in a court of law once and for all.

From tomorrow, and while awaiting the determination by the court, I will redirect every ounce of my energy and commitment to the people of Kenya. They have been waiting for far too long for a chance to be heard.

It is in this spirit of truth, justice and reconciliation, that I ask you all to put any differences aside and work together to fulfill the mandate of this important commission.

God bless you and may God Bless Kenya. “May justice continue to be our shield and defender”.

Ambassador Bethuel Kiplagat

Chairman Truth, Justice and Reconciliation Commission

26^th February 2010