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Saturday, May 27, 2017

Nasa manifesto targets big names in TJRC report

Implementing the controversial — and state-sanitised — Truth Justice and Reconciliation Report will be a key pillar of NASA leader Raila Odinga's manifesto.

Sensitive portions have been doctored, three authors refused to sign the final, watered-down report and it has never been tabled in Parliament for adoption.

TJRC chairman Bethuel Kiplagat handed the original to President Uhuru Kenyatta in May 2013.

NASA experts are drawing up a technical manifesto promising full disclosure and implementation of the TJRC Report. Disclosures would be embarrassing to both sides of the political divide.

Read: There is no political elite goodwill to implement the TJRC Report

Also Read: TJRC report gazetted, misses Parliament tabling deadline

The report, parts of it in the public domain, details atrocities as far back as 1963 and identifies masterminds of ethnic clashes, human rights violators, land grabbers and assassins has not been tabled in Parliament for adoption.

Uhuru and his now Deputy President William Ruto are among big names accused in the TJRC Report of planning and financing the 2007-08 post-election violence. The report did not recommend action against them because they were facing trial for crimes against humanity at the ICC. The cases collapsed for lack of evidence and because witnesses recanted, died and disappeared.

The report also says Wiper leader Kalonzo Musyoka funded an illegal group, Kabuithu, which in 1997 evicted more than 2,000 Tharaka families from Mwingi. However, Kalonzo was cleared of grabbing land on which the Mwingi Cottages are built.

Raila and his NASA brigade are keen on implementing the TJRC Report by executing Article 5 (a) on national reconciliation and healing and (b) on resolving all historical injustices. This is part of the manifesto's Vision and Policy Platform section.

Read more: Raila will implement TJRC report, repossess residents' grabbed land

The TJRC was set up after the PEV to address historical injustices and gross human rights abuses.

Raila has been piling pressure on Uhuru's administration to fully implement the report so victims can finally get justice.

Two weeks ago at Wajir Stadium, Raila accused the Jubilee administration of failing to implement recommendations on resolving historical injustices committed during the Wagalla massacre of ethnic Somalis by security forces on February 10, 1984.

He assured residents NASA will ensure the report is fully implemented and victims compensated. Hundreds — some say well over a thousand — people died.

In the Wagalla massacre, hundreds of Degodia clan members were systematically tortured at an airstrip and then killed.

"The Jubilee government has refused to implement the TJRC Report. Once we take power on August 8, we will ensure that all those affected by the injustices are compensated," Raila said.

The report says Laikipia Senator GG Kariuki, Kanu's Internal Security minister, bears responsibility for the massacre and ensuing atrocities, together with former Provincial Commissioner Benson Kaaria.

"The Commission finds the conduct of Benson Kaaria and GG Kariuki, both of whom appeared before the Commission, is consistent with official denials and deflections,” the TJRC Report reads.

Manifesto

The NASA manifesto is titled 'Reclaiming Our Country: Deconstructing the Past and Constructing the Future' will be launched on June 19.

It has been tailored to appeal to all regions by addressing their specific issues and giving both short- and long-term solutions.

An enlarged NASA technical committee, with members from the five parties, has been working in Naivasha hotel since Monday, compiling the 15-point manifesto. It is based on Articles 4 and 5 of the Coalition Agreement.

In 2013, Raila unveiled the Cord 10-point agenda manifesto in his third bid for President, with Kalonzo as his running mate.

Star has learnt NASA affiliates, including Raila's ODM, Kalonzo's Wiper, Musalia Mudavadi's ANC, Senator Moses Wetang'ula's Ford Kenya and Governor Isaac Rutto's CCM, each submitted their proposals for consideration.

Read: Mudavadi accuses Jubilee of ignoring the TJRC report

The five principals will meet the manifesto drafters on Sunday.

Economist David Ndii (ODM) is leading the team drafting the NASA campaign document, which will include Kenyans' major problems under the Jubilee administration.

Problems include the high cost of food and food insecurity, youth unemployment, violence in Northern Kenya, Laikipia and South Rift regions. The issue of communities benefitting from mineral extraction, such as oil in Turkana county, will also be addressed.

Other drafting committee members are Kibisu Kabatesi and Mutakha Kangu (ANC), Adams Oloo and Paul Mwangi (ODM), Eunice Lumallas and Bernard Wakoli (Ford Kenya), Rodney Okoth and Jonathan Mwania (Wiper), Mohamed Guleid and Beatrice Askul (CCM).

"NASA manifesto preparation based on the Coalition Agreement is at an advanced stage. The process now underway is on Article 5 (2). We were already articulating parts of the manifesto on the campaign trail," Kabatesi, also the NASA communications director, said.

More TJRC names

The TJRC also names now-nominated Senator Elizabeth Ongoro and recommends she be prosecuted for perpetrating violence by inciting other communities against Kikuyus and Kambas in 2007.

Also cited in the report is the 1963-67 Shifta War. Late former army bosses Major Wilfred Ndolo and General Jackson Mulinge were to be held responsible because execution orders came from their offices.

“The Commission finds Brigadier Joseph Ndolo and Brigadier Jackson Mulinge (as they were then) bear command responsibility for atrocities committed against civilians by the Kenyan Army during the Shifta War,” the report says.

The Shifta war was triggered by Somali secessionists.

TJRC report implicates previous governments of Presidents Jomo Kenyatta and Daniel arap Moi for killings, torture and collective punishments.They were blamed for political assassinations of Pio Gama Pinto, Tom Mboya, JM Kariuki and Dr Robert Ouko.

Retired President Mwai Kibaki's Narc government is also accused of illegal detentions and extra-judicial killings.

Rule of law

The manifesto calls for fostering democracy, respect for the constitution and the rule of law through affirmative action, inclusive governance and equitable distribution of resources and jobs.

It insists on zero tolerance of graft, plus transparency, accountability and leadership accessible to all citizens.

For instance, NASA pledges to set up a livestock production and marketing authority for29 pastoralist counties.

The livestock production and marketing Marshall Plan (PALIPMAP) seeks to end conflicts over water and pasture in pastoralist counties and commercial cattle rustling.

The plan aims to improve marginalised economies of pastoralists and integrate them into the mainstream.

Other TJRC commissioners were Tecla Namachanja (vice chair), Ahmed Farah, Margaret Shava, Prof. Tom Ojienda, Gertrude Chawatama (Zambia), Prof. Ron Slye (United States) and Berhanu Dinka (Ethiopia).

More: Two TJRC commissioners dissented on Land chapter


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