Today's Headlines
- Two Exhibitions Are On At Ramoma, Nairobi
- Country to Review Tourism Law
- Econet Wireless Finally Rolls Out
- Odinga Warns of Civil Unrest
- Mulee Rules Out Harambee Stars U-Turn
- Taking Up a Women's Agenda
- More Than 6,000 Christian Youth Converge for Prayers
- Catholic Church Outraged By MPs' Refusal to Pay Tax
- Pope Benedict Praying for Release of Abducted Nuns
- Thousands Flee Amid Fears of Border Clashes
- Malaria Rates Plummet Among Children
- Winning Against HIV Stigma Behind Bars
- First Congress of Federation of African Journalists a Historic Milestone, Says IFJ
- Archbishop Lele Urges State to Act as Food Crisis Bites
- Regional Workshop Focus Border Management, Irregular Migration
- Silverbird Acquires Kenya's Nu Metro, Starts Operations in Ghana
- Raila is Evil, Says Minister
- Man Charged With Abduction of Two Catholic Sisters
- UN Censures State On Torture
- Agencies Seek $390 Million to Offset Climate And Food Risks
- UN-Backed Scheme Gives 3,000 Prisoners Clean Water and Sanitation
- Samosa Festival is On in Nairobi
- Heartstrings in Another Comedy
- Govts, Investors Engage RVR in Rail Bid
- Mwangi Replaces Mwebesa At NSE
- Riepa Hosts Business Association
- ICTR Petitions UN for Arrest of Kabuga
- UBA to Invest SH360 Billion in Kenya
- Free Movement of People Too, Not Just Goods and Capital
- Judges Running Out of Money?
The Nation (Nairobi)
May 16, 2008
News Article By Samwel Kumba
Civil society groups Thursday faulted a Bill proposing the establishment of a Truth, Justice and Reconciliation Commission.
Members from four lobby groups said the Bill, published last week, did not guarantee the independence of the commission.
The critical issues are: the setting up of commission itself, amnesty, the fate of police investigations, powers of parent ministry and the two-year life of the commission.
AMNESTY: The Bill fails to define specific crimes for which pardoning should be given.
It also does not define crimes committed in the Kenyan case of post-election violence. International law rejects amnesty for serious crimes, such as genocide, war crimes, crimes against humanity and torture.
The Bill has no synergy between what is being provided for amnesty and what is provided in law where the President has powers to forgive.
COMMISSION: The commission should be divorced from the manipulations of the minister by giving it an independent vote to spend.
As it is, the minister could armtwist the commission through manipulation of its budget as he or she is the one to approve.
The draft gives the minister of Justice, Constitutional Affairs and National Cohesion powers to scrutinise and approve the commission's expenses, allowances, and budget.
The proposed seven commissioners may not be equal to the monumental task of reconciling Kenyans after the fight between people who had been neighbours.
LIFE: Two-year lifespan proposed in the Bill will not be enough to realise the 18-point objectives.
OTHER WORKS: The Bill is silent on investigations carried out by Goldenberg, Ndung'u and Akiwumi commissions.
The groups are the Kenya National Commission on Human Rights represented by Hassan Omar, Kenya Human Rights Commission represented by Muthoni Wanyeki, Urgent Action Fund represented by Kaari Murungi and the International Centre for Policy and Conflict represented by Ndung'u Wainaina.


