THE Truth, Justice and Reconciliation Commission yesterday failed to deliver its final report to the Office of the President as promised on May 3.
Commission CEO Tom Chavangi reportedly tried to leave the report with Cabinet Secretary Francis Kimemia but was refused.
He was told by officials that the Act clearly states that the TJRC should present its final report “to the President” and not to the “Office of the President.”
Uhuru left yesterday morning for Addis Ababa for the IGAD summit of heads of state.
“The most important thing is that we have done our bit as a commission and that the report is a masterpiece that will surprise many. I think the report reaffirms the various capacities of the commissioners. People should look forward to it and realize it was all worthwhile,” commissioner Tom Ojienda told the Star.
Prof Ojienda said that nobody should fear the report as the commission was dispassionate and all recommendations emerged from investigations.
Chavangi said the OP had promised the TJRC an appointment with President Uhuru Kenyatta next week.
Chavangi went back to the TJRC headquarters and held a lengthy meeting with commissioners.
Discussions centered on whether yesterday was the statutory deadline for handing over the report.
One group felt the deadline was yesterday but the majority concurred that Friday was the deadline for preparation of the report and that Monday is the deadline to present it.
TJRC chairman Bethwel Kiplagat told the Star yesterday that there is no strict deadline in the TJRC Act as to when the report should be handed over to the president.
By that interpretation, the Act only states that the TJRC should be wound up three months after the report is handed over to the president.
“I agree that presenting the report after today opens it up to legal arguments but my own view is that there is nothing that can prejudice against the acceptance of the report if it is handed in a day or so later,” said Commissioner Ron Slye.
Chavangi said that the commission is ready for any possible legal challenges. He said the report is safely locked up and not even the commissioners can access it.
Uhuru has to be in London on Tuesday for the Somalia conference.
The commission has been trying to get an appointment with President Uhuru Kenyatta for the past two weeks.
The TJRC sent two letters requesting a meeting but the OP only responded to the last one saying the President’s schedule was tight.
Yesterday, the National Victims Network chairman, Wafula Buke, warned the commissioners that victims will hold them accountable if the report is invalidated by their failure to hand over the report yesterday.
“You may take individual legal responsibility for sabotaging a national process. Those who claim to be allies in indecision will step aside and watch your lynching. Monday is an unnecessary risk that may aid perpetrators,” Wafula said in a text message to all commissioners.
He said the TJRC is being destabilized by “some irresponsible commissioners whom we know.”
The TJRC Act says the commission must submit a report to the President at the end of its operations with recommendations for prosecution, reparations for victims and administrative measures.
The president is required to gazette the report immediately upon receiving it and to circulate the report to the public. The report must also be tabled in Parliament within 21 days.
The report covers investigations into violations from December 12, 1963 to February 28, 2008 when the national accord was signed. The TJRC has taken 44,000 statements and memos from over 140,000 victims. It held 220 hearings across the country over two years.
The commission was formed in August 2009 with a two year mandate. Parliament has granted the TJRC multiple extensions which expired on Friday.
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