Friday, June 7, 2013

Truth Commission Report Challenged in Court Over Mandatory Apology by President

In the wake of an apology and offer of compensation by the British government over colonial era atrocities committed in Kenya, two individuals one Njenga Mwangi and James Mwangi Meru are challenging the report of the Truth Justice and Reconciliation Commission over the recommendation for the sitting President to offer an apology to victims of gross human rights violations attributable to the Kenyan state over the last 50 years of independence.

Although I am yet to read the suit papers, this is a very curious petition, to say the least.

The petitioners want the High Court to stop the Minister in Charge of Justice from tabling the report in 3 days as required by the law establishing the Truth Commission (TJR Act of 2008). The Act provided that the report must be tabled in Parliament for debate 21 days following its publication. This is one of the safeguards built into the Act to ensure that the report of the TJRC does not meet the fate of reports of other commissions: failure to implement.

Read initial media report here. More reports and analysis to follow.

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