|
|
Kenya: Pardon for Poll Violence Crimes
 |
 |
|||||||||
|
||||||||||
|
|
|||||||||
|
||||||||||
The Nation (Nairobi)
16 May 2008
Posted to the web 16 May 2008
Lucas Barasa
Nairobi
People who committed crimes in the post-election violence period might have a chance to apply for amnesty if Parliament enacts a proposed Bill.
However, those associated with crimes against humanity or where evidence exists they might have been involved in acts of genocide will not benefit.
The Truth, Justice and Reconciliation Commission (TJRC) Bill published last week allows people to apply for amnesty to the commission, which will then assess and may grant a pardon.
Published by Justice, Constitutional Affairs and National Cohesion minister Martha Karua, the Bill follows recommendations by the National Dialogue and Reconciliation Committee chaired by former UN boss Kofi Annan.
Blanket amnesty
The Bill is aimed at promoting peace, justice, national unity, healing and reconciliation. It empowers the commission to recommend for reparations or rehabilitation of a victim "if the application is found to be meritorious."
The Bill was, however, immediately dismissed as flawed by London-based Human Rights Watch (HRW) for suggesting blanket amnesty to some perpetrators of past crimes.
"The national dialogue and reconciliation process was supposed to create institutions that can address Kenya's historical injustices and bring criminals to book," said Georgette Gagnon, Africa director at the watchdog body.
"But as currently drafted, the Bill has serious flaws that must be urgently addressed by Parliament, especially its amnesty provisions."
The human rights body said the amnesty provisions were inconsistent with Kenya's obligations under international law, which rejects impunity for serious crimes such as genocide, war crimes, crimes against humanity and torture.
The Bill should also make perpetrators of crimes of sexual violence ineligible for amnesty. The independence of the commission is further compromised as the Bill gives the Justice minister the power to scrutinise and approve all its expenses, allowances, and budget, HRW added.
The rights body further wants the Commission to be granted immunity from being sued for its actions to prevent it being obstructed by spurious lawsuits.
The commission will further have powers to take, purchase or otherwise acquire, hold or dispose of movable or immovable property.
It is required to prepare and submit a report to the President at the end of its operations and publish it in the Kenya Gazette.
The commission will be mandated to investigate violations and abuses of human rights relating to killings, abductions, disappearances, detentions, torture, ill-treatment and expropriation of property between December 12, 1963 and February 28, this year.
Economic crimes
The commission will also investigate economic crimes, those of a sexual nature and any other matter to promote and achieve reconciliation.
And for the first time in Kenya's history, the commission will inquire whether or not some communities had been marginalised economically and propose redress.
|
The seven-member Commission will have powers to summon any person to appear before it and those who refuse will be liable to a Sh100,000 fine.
Religious organisations are to nominate two people for appointment to the Commission and Law Society of Kenya, Fida, Cotu/KNUT, Kenya National Commission on Human Rights, Kenya Private Sector Alliance/Federation of Kenya Employers and Kenya Medical Association one each.
Three of the seven Commissioners shall be non-citizens. The commission's chairperson will be appointed by the President from among them.
I would hastate to give blanket pardon to murderers.That would encourage them to murder again as happened in 1992,1997,2007 because toothless commisions were set up to cover the culprits.It will definitely happen again in 2012. why not? It is all about elections stupid!How sad!
It would be very difficult to just live with someone you saw killing people and nothing was done by the law to address the situation. What will prevent the aggrieved party to seek revenge? Let the law take its course.
It is unimaginable to think that people who committed such heinous crimes as killing innocents, children as well as adults, looted their properties and destroyed others are released without charge. Those campaigning for this must be looked at with a lot of suspicion. The youths and adults, I don’t want to believe that only young people have been arrested because of those crimes and there must be a lot of adults, must have been acting on behalf of people in power and hence the reason for now calling on their release. The same people have been asking for delay... [Read Full Text]
Something is very wrong somewhere. Either the Government is too weak to contain those killers who have been active for 17 years since 1991, or the old Kenya politicians have always been behind the Killings. How can innocent children and helpless women continue being killed for 17 years without one single arrest of a killer?. Victims who have survived the killings have always said they knew those who killed innocent children and women and evicted them from their homes. The Government knows who the killers are and who their sponsors are. For all those 17 years, only a team of... [Read Full Text]
Something is very wrong somewhere. Either the Government is too weak to contain those killers who have been active for 17 years since 1991, or the the old Kenya politicians have always been behind the Killings. How can innocent children and helpless women continue being killed for 17 years without one single arrest of a killer. Victims who have survived the killings have always said they knew those who killed innocent children and women and evicted them from their homes. The Government knows who the killers are and who their sponsors are. For all those 17 years, only a team... [Read Full Text]
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||
| Copyright © 2008 The Nation. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections -- or for permission to republish or make other authorized use of this material, click here. | |||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||
| Make allAfrica.com your home page | RSS Feed | |||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||
| Top | Site Guide | Who We Are | Advertising | Search | Subscribe | |||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||
| Questions or Comments? Contact us. Read our Privacy Statement. | |||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||
