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Seminar onStability, Democracy and Rights

Maseno University, 7-8 December 2015

A Critical view of Kenya´s Truth, Justice and Reconciliation Process

Michael Omondi Owiso – PhD Fellow

Department of Political ScienceGlobal Development Studies Group

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The National Dialogue and Reconciliation Process (NDR) identified four agenda items to be discussed in the settlement.

1.immediate action to stop the violence and the restoration of fundamental rights and liberties,

2.resolving the humanitarian crisis, promoting reconciliation, healing and the restoration of calm in the nation,

3.overcoming the political crisis that had engulfed the country.

4.Dealing with long and outstanding issues (NDR 2008).

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Research Question:

What role did the political elite play in promoting the TJR process in Kenya?

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The Framework

John Gaventa: Power and Power Assymmetries

``who participates, who gains and who prevails in decision making about key issues`` (1980:viii).

The character of power relationships is skewed as the non-elite fail to reach the discussion table and their issues are unaccounted for because of their vulnerability.

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MethodologyQualitative Design

Critical Inquiry

Primary data:Key Informant Interviews conducted in Uasin Gishu, Wajir, Trans-

Nzoia Counties (June – September, 2015).

Secondary data:Newspaper articles (Daily Nation, Pambazuka News, The

Standard Newspaper)Reports such as the TJRC Report, ……..

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Findings…• The report has not been publicised by the

government despite being presented to the president in May, 2013.

• Is this case the same as in other commissions such as the Ndun´gu Commission, Akiwumi Commission etc…?

• Parliament ammended the TJR Act to enable them ´dilute´ the contents of the report.

• TJRC did not have adequate staff, funding etc… Furthermore the disbursement of funds often delayed thereby affecting implementation (upto 90% of funding came from government)

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Findings cont…..

• The government did not address the aspersions on the character of the TJRC chair.

• Certain individuals e.g the current Minister for Interior refused to appear before the TJRC over his involvement in Operation Nnyundo in West Pokot in 1984.

• The elite influenced the omission of certain sections of the chapter on land in order to protect themsemves.

• The public apology given by the president was cosmetic.

• The government is implementing some of the recommendations in an ad hoc manner(without acknowledging) as well as piecemeal.

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Conclusion• Kenya exhibits a hybrid system – democratic

country with an authoritarian appetite (avoid egregrious human rights abuses, do not cancel or openly steal elections, co-existence of democratic rules and autocratic methods intended on keeping incumbents in power etc) (Levinsky & Way 2002:58-59; Diamond 2002; Scheder 2002; Carothers 2002; Boege, Brown, Clements and Nolan 2008).

• The current regime may not pursue the TJR agenda to its logical conclusiton

• A total overhaul of regime may be the gurantee to any meaningful change

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Conclusion cont…..

• The issues raised in the TJRC Report will to haunt the country for as long as they are not addressed.

• The views of the non-elite are stiffled and

• What alternative means exist??

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Conclusion cont….

Although transitional truth commissions if and when applied in societies coming from violence and a dark past may lead to the consolidation of democracy, their success will depend on a number of factors relating to the elite:

• The nature of regime change (pseudo, complete, etc…)• Who is leading the change (Who is in power, with

which ideology etc..)• Were they part of the past legacy• The structure ,mandate and composition of the

CommissionAmong others.

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