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Home Victim Voices Kenya

Parliamentary Human Rights Caucus demand the establishment of victims’ restorative fund

Journalists For JusticebyJournalists For Justice
October 19, 2015
in Human Rights, Victim Networks
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Parliamentary Human Rights Caucus demand the establishment of victims’ restorative fund
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Kenya Parliamentary Human Rights Caucus on Thursday called for the adoption and implementation of the Truth, Justice and Reconciliation (TJRC) Report the way it is and the immediate establishment of the victim’s restorative fund.

Members of the caucus,  Neto Agostinho (Ndiwa),  Abdullahi Diriye (Wajir South),  Johanna Ng’eno (Emurua Dikir) and nominated MP Sara Korere said it was unfair and an injustice to the victims due to the delayed implementation of the TJRC report.

“We will make sure the TJRC report is implemented so that Kenyans can feel that justice is at least being delivered. We are concerned and we will push for it,” said Abdullahi.

The legislators were addressing women victims and survivors of human rights violations and historical injustices who presented to them a petition demanding that the National Assembly concludes debate and action on the TJRC Report. 

The victims seek to have the National Assembly create laws for the operation of the Sh10 billion Restorative Justice Fund and the payment of damages awarded to victims and survivors by courts. 

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The prayers of the petitioners within the petition are: 

  • That the National Assembly adopt the report of the Truth, Justice and Reconciliation Commission that has been pending before the House since 24th July 2013 without further delay; 
  • That while The National Assembly should debate the TJRC report pursuant to the Truth, Justice and Reconciliation (Amendment) Act, 2013, it should not reopen or amend the report as this was a report of an independent Commission that was established as part of a broader process undertaken by Kenyans to address historical injustices and contribute to national healing and reconciliation; 
  • That in addition to adopting the TJRC report, The National Assembly should also pass all the necessary legislation in order to anchor the implementation process in/ law and protect it from illegitimate manipulation. 
  • That the National Assembly approves the necessary budgetary allocations for the immediate and effective implementation of the report including its recommendations on reparations for victims. 
  • That the National Assembly directs the Minister responsible to establish a mechanism to monitor the implementation of the report pursuant to Section 49 of the Truth Justice and Reconciliation Commission Act, 2008. 
  • That the National Assembly establishes a select committee of the House tasked with monitoring the effective implementation of the TJRC Report and promoting national healing and reconciliation. 

Read the petition here

Kenyan Government said it will establish a KSH 10 Billion fund for restorative justice mechanisms for victims of atrocity crimes. 

President Uhuru Kenyatta made the announcement during his State of the Nation in Parliament in March to what he noted as,

“Kenyans and humanity overall, have benefited from restorative justice, an approach that is deeply rooted in our cultural and historical realities, particularly when such conflicts have a communal and political dimension. Many thousands of Kenyans have reached out to reconcile with one another.”

The fund is meant to last a term of three years to, “Provide a measure of relief and will underscore my government’s goodwill,” said the President.

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