It is time to ensure that all the victims of post-election violence receive justice
What you need to know:
- While much of the attention of the media was directed at Mr Obama’s Kenyan roots, for many, the US President’s emphasis on justice for all Kenyans is what will be remembered.
- Opening space for the participation of victims and listening to their needs and demands must be the first step. Concurrently, an efficient and transparent administrative system and infrastructure for the programme must be created.
- President Kenyatta should take concrete steps to support investigations, such as creating a specialised unit dedicated to reviewing all proceedings that have taken place thus far and employing modern methods of investigating serious crimes.
President Obama’s historic visit to Kenya came at an important crossroads for the country.
While much of the attention of the media was directed at Mr Obama’s Kenyan roots, for many, the US President’s emphasis on justice for all Kenyans is what will be remembered.
This is particularly true given that the visit came just four months after President Uhuru Kenyatta’s official apology to, and announcement of reparations for, the many victims of the 2008 post-election violence, as recommended by the Truth, Justice, and Reconciliation Commission (TJRC).
The issue of justice, as well as endemic corruption and the stalled police reform process, will remain long after the cheers for the US President have faded.
President Kenyatta’s promising announcements require concrete steps and actions. His decision to establish a fund to provide relief to victims was followed and confirmed by the inclusion of the first tranche of resources — Sh1 billion in the budget.
Now is the time to design a comprehensive and gender-sensitive reparations programme that starts with the most vulnerable victims.
Opening space for the participation of victims and listening to their needs and demands must be the first step. Concurrently, an efficient and transparent administrative system and infrastructure for the programme must be created.
For the violations not to recur, urgent attention to the police vetting process is essential. Political support and adequate financial resources are necessary to back up the police reform process.
Again, ensuring civil society’s and victims’ participation and transparency in the decision-making process are crucial if the process is to achieve its objectives of restoring credibility and legitimacy in the law enforcement body.
Much more needs to be done in terms of holding the perpetrators accountable. Kenya has an important legal obligation to investigate and prosecute the serious crimes that were committed during the post-election violence period.
Failure to respect and implement the law contravenes domestic and international statutes. The excuse of lack of evidence to support investigations and prosecutions rings hollow.
President Kenyatta should take concrete steps to support investigations, such as creating a specialised unit dedicated to reviewing all proceedings that have taken place thus far and employing modern methods of investigating serious crimes.
Asking for assistance from other countries and international organisations would also demonstrate a commitment to change.
The onus, however, does not rest solely on the President’s shoulders. The Kenyan Parliament also has an opening to convene and debate the TJRC’s final report. It has the ability to show the world that it can oversee the implementation of these important recommendations.
Leaders of other institutions must also step forward to meet their moral and legal obligations. The TJRC identified a broad array of Kenyan institutions that were implicated in serious human rights violations.
Their leaders must, without delay, follow President Kenyatta’s initiative and acknowledge and apologise for the harm inflicted on victims by the institutions under their control.
These include the Chief of the Kenya Defence Forces, the Director General of the National Intelligence Service, and the Inspector General of Police.
The Chief Justice has shown the way already by issuing an apology on behalf of the Judiciary for the role it played in countenancing human rights violations during Kenya’s dark past.
Acknowledgement is important as it gives solace to the victims, increases transparency, and makes recurrence less likely. However, it will have little impact if Kenyan government officials and policy makers do not face the challenges or take concrete steps to implement solutions.
To demonstrate commitment to the vision of Kenya embraced during President Obama’s visit — a Kenya built on equal justice and the rule of law — President Kenyatta and the authorities in Kenya must move beyond words and take action.
Bringing perpetrators of post-election violence to justice, providing reparations to victims, and reforming the police service will be welcome steps in the right direction.
The author is the president of the International Centre for Transitional Justice.
