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‘Legislate Truth and
Reconciliation body’
February 16, 2008
EA STANDARD
By Susan Anyangu and Lucianne Limo
Parliament should be given the powers to establish a Truth,
Justice and Reconciliation Commission.
The International Commission of Jurists Kenya Chapter (ICJ) said
the proposed truth commission should be constituted by an Act of
Parliament to be credible.
Mr Wilfred Nderitu, ICJ-Kenya chairman, said the commission should
be established via legislation to protect it from the whims of the
Executive.
"Establishing the commission through an Act of Parliament makes it
legitimate in the eyes of the people," said Nderitu.
A task force on the establishment of a Truth and Justice
Commission in 2003 recommended that such a commission be set up by
a presidential order.
The proposal was embedded in the belief that such an Executive
order would expedite the work of the commission. But history has
proved that reports arising from public inquiries have been
shelved.
Nderitu cited the Ouko inquiry that was stopped by the Executive
midway through its hearings.
"The constituting of such a commission should, therefore, be
enshrined in law to promote public trust," he said.
Nderitu was addressing a public forum on modalities of setting up
such a commission on Friday.
Mr Ken Nyaundi, an advocate, said the working of the truth
commission would be largely dependent on its composition. He
proposed that various political parties nominate the members.
"A commission established by a presidential order shall suffer a
confidence deficit," said Nyaundi.
Meanwhile, women politicians have been urged to advocate for peace,
justice and reconciliation to end the post- election violence.
Former Burundi Prime minister, Mrs Sylvie Kinigi, asked women
leaders to build their own strategy to spearhead peace initiatives
and to support the negotiating teams.
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