The Kenya Cabinet has settled on the Truth, Justice and Reconciliation Commission to deal with post election violence suspects.
After long hours of deliberations, President Kibaki addressed a press conference at State House, Nairobi with the whole Cabinet behind him.
“Cabinet was concerned that while it will not stand for impunity in the pursuit of justice, the country should equally pursue national healing and reconciliation. This does not in any way reduce its desire to punish impunity,” said President Kibaki.
The Cabinet agreed to amend the TJRC to make it more effective and representative.
“Cabinet is confident that with proper healing and reconciliation, Kenya will not face the events of last year’s post-election violence,” added the President.
The decision was reached after the meeting explored five options of dealing with the post election violence suspects.
These were: The Special Tribunal, referral to the International Criminal Court (ICC) under Article 14 of the Rome Statute, withdrawal from the Rome Statute under Article 127 and repeal of the International Crimes Act, 2008, using the High Court under Section 8 of the International Crimes Act, 2008 and the establishment of a Special High Court Division.
“Cabinet discussed each of these options extensively in terms of merits and demerits with regard to the legal and institutional considerations, said the President.
“The Cabinet took all the circumstances into account, including providing the enabling environment for the ongoing reform agenda that encompasses the delivery of a new constitution by next year, electoral reforms, boundary reforms, and land reforms.”