Press Releases:

August 3, 2009

Kenya: 'Reconciliation' Should Not Promote Impunity

NAIROBI, August 3, 2009 -- The Kenyan government's announcement that it will rely on "healing and reconciliation" to respond to the crimes committed during post-election violence falls short of deterring further human rights abuses, the International Center for Transitional Justice said.

"The Cabinet's announcement is full of contradictions," said Njonjo Mue, head of ICTJ's program in Kenya. "On one hand, the Cabinet says that its decision to emphasize reconciliation in no way reduces its desire to punish impunity. On the other hand, all realistic options for criminal accountability are being cast aside."

"The government's priority should be a commitment to strengthening the rule of law as a way to prevent further violence," Mue said.

Under its commitments as part of the National Dialogue and Reconciliation, the government planned a series of steps, including the establishment of a Commission dealing with Post-Election Violence (the Waki Commission) as well as a Truth, Justice and Reconciliation Commission (TJRC). The TJRC is intended to address Kenya's broad history of human rights violations and economic crimes. Prosecutions by a Special Tribunal, as recommended by the Waki Commission, were intended to break the cycle of violence by acting as a deterrent.

Kenya would have thereby followed in the footsteps of other countries that are simultaneously pursuing truth, criminal justice and reparations for past crimes. But the government's latest decision abandons the idea of a Special Tribunal in favor of relying on ordinary courts, which lack public trust and confidence. It is doubtful that the ordinary courts will be able to act in time to serve as meaningful deterrent before the next election.

"The Waki Commission found evidence that crimes against humanity were committed on Kenyan soil," said Marieke Wierda, head of ICTJ's prosecutions program. "Kenya has a duty either to investigate and prosecute such crimes itself, or to facilitate the work of the International Criminal Court. If there is not going to be a Special Tribunal it should refer the matter to the ICC."

About ICTJ

The International Center for Transitional Justice assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved. For more information, visit www.ictj.org.

Contact

Njonjo Mue
Nairobi Office, ICTJ
nmue@ictj.org
254.721.308911