Lucas Barasa

2 September 2010

Nairobi — The Truth Justice and Reconciliation Commission has been cautioned not to open the wounds of past injustices without a proper mechanism of addressing them.

The UN further faulted TJRC for recruiting more than 100 victims of past ills to be part of its staff as this would interfere with its independence and scare some perpetrators from testifying.

A senior human rights adviser in the UN's Resident Coordinator's office Tokunbo Ige also said unless unresolved credibility crises and citizens apathy were resolved there would still be questions in the minds of victims and survivors of past injustices and hinder the process.

"Most of the time has been wasted. TJRC is a human rights process. It is not about kissing and hugging but finding a way of addressing past human rights violations," Ms Ige said told a two-day "National Dialogue Forum on the Truth, Justice and Reconciliation: A Failed Promise."

The forum at the Kenyatta International Conference Centre follows controversies facing TJRC that has adversely its work for the past one year.

Ms Ige said TJRC lacks clarity in focus and processes and necessary financial support.

She said it is wrong for TJRC to hurriedly visit places and take statements without preparing the victims and perpetrators and ensuring their protection.

"Although it is a tall order, there's need for independence of all interested parties including victims, perpetrators, donors, NGOs," Ms Ige said.

Although she agreed with TJRC commissioner Margaret Shava that victims should be at the centre of the process, Ms Ige said they should not dominate the process.

"You cannot be a judge in your own case. Having victims running the commission could give a reason to perpetrators not to appear before it. Some people might think its manipulation. No one should be seen to be controlling the process. The commission should be independent," Ms Ige said.

In Sierra Leone, she said, the executive secretary of the justice commission was removed following complaints that she was a daughter of a Cabinet minister.

Credible record

Ms Ige said credible historical record might not be established if the commission is not seen to be independent adding that there could also be manipulation of the process and harassment of witnesses.

She said TJRC also risks facing frustrations of witnesses.

Ms Shava said the commission had trained 300 statement takers but said it was facing time constraints, lack of funds, delays in rolling out programmes and conflicts of interests.

She defended the recruitment of victims and survivors as TJRC staff saying this was in recognition of their participation in the process and give them a sense of ownership.

She said Kenyans must be united for change in the country.

Senior counsel Pheroze Nowrejee led fresh calls for resignation of TJRC chairman Bethwel Kiplagat over alleged involvement in the former Foreign Affairs Minister Robert Ouko, illegal land allocations and the Wagalla massacre.

"Kiplagat is not only a witness but a person who has been grossly mentioned. He should not sit in the commission as this would be an abuse of office and would also harm the credibility of the commission. Mr Kiplagat should appear before the commission like any other ordinary Kenyan and say what he wants to say," Mr Nowrejee said.

Other speakers also called on President Kibaki to sack Mr Kiplagat as the new Constitution calls for integrity of all public officers.

Centre for Human Rights and Democracy executive director Ken Wafula accused Mr Kiplagat's critics of having kept quiet when he was first shortlisted to be TJRC commissioner and only waited until he took office to complain about him.

He accused some of Mr Kiplagat's critics of having only raised issues about him after failing to be appointed commissioners.

"Evil only succeeds when good men and women do nothing. Why do you want to play Jesus now when you had a chance to play God (select the commissioners)?" Mr Wafula asked.