The documents related to the book, The Kenyan TJRC: An Outsider’s View from the Inside, will be posted live on this site on or before September 1, 2018. We apologize for any inconvenience, but encourage you to revisit the site after September 1st.
The documents provided on this website are organized thematically. Except for the core documents (the TJRC Act and Final Report), I have added in parenthesis the page(s) where the document is specifically cited or discussed in the book The Kenyan TJRC: An Outsider’s View from the Inside. To ease finding documents while reading the book, I have added a list at the end that is organized by page number from the book, with links to the documents referred to on that page.
I. The Core TJRC Related Documents section includes the legislation establishing the Commission, as well as all of the amendments to that legislation that I was able to collect. I have also included a version of the Act that I created for my own purposes, that reflects the substantive changes made to the 2008 Act and that (except for the various extensions we received) is the Act that substantively governed our operations. The public hearing transcripts section includes all of the Hansard transcripts of the public hearings that I was able to collect. Some of the transcripts of our public hearings are missing here, and I fear may be lost forever. Not included here are the transcripts of the in camera hearings, as those were conducted with the understanding that their contents would only be made public if the participants agreed. Finally, the Final Report section includes the Report as it was released to the public and handed over to the President, as well as the Dissent written by the three international Commissioners. I have also included a copy of Volume 2B of the Report that reflects the Report as it was written prior to the interference by the President’s office. That interference is recounted in Chapter 1 of the book.
II. The Pre TJRC Documents section includes the task force report on the need for a Kenyan truth commission written by the committee chaired by Professor Makau Mutua. I have also included here relevant documents from the Kenyan National Dialogue and Reconciliation project chaired by the former UN Secretary General, Kofi Annan.
III. The TJRC Operational Documents section contains a number of documents that we developed to govern the internal operations of the Commission, and those developed to govern our public activities like our hearings. I have also included other relevant internal documents that are not directly discussed in the book, but may be of interest to the reader.
IV. The Indemnity Act section includes the original indemnity act legislation, as well as the Commission’s legal analysis of the impact of the Act on the operation of the Commission.
V. The Kiplagat Tribunal and Related Documents section includes numerous documents related to the tribunal established by the Chief Justice to evaluate the conflicts of interest of the Commission’s Chair, Bethwel Kiplagat. Included are not just the formal documents concerning the creation of the Tribunal (the petition filed by the Commission; the petition filed by civil society; the Gazette notices related to the tribunal), but also internal documents related to the controversies created by the presence of Ambassador Kiplagat on the Commission, and documents related to litigation that arose from those conflicts and the creation of the Tribunal.
VI. The Financial Scandal Documents section includes the letters written by the Commission to the relevant Parliamentary Committee’s requesting an investigation into the handling of the Commission’s finances by the Ministry of Justice. It also includes the only document the Commission received from the Ministry of Justice in response to our inquiry concerning how our monies were being spent.
VII. The Academic and Civil Society Analysis section includes the academic and civil society publications that are cited in the book. Some are directly related to the Commission itself, while others concern related matters such as the 2007 Post Election Violence and the subsequent investigations arising from that violence. I have also included here some of the monitoring reports prepared by South Consulting on the implementation of the agreement reached between the Kenyan Government and the African Union’s Panel of Eminent African Personalities. Unfortunately the reports appear to be no longer available on the internet, and while I had downloaded many of the reports, I did not secure all of them. I am thus missing the third report, and for the fourth report I only have the annex.
VIII. The ICC Related Documents section include difficult to find documents from the African Union concerning the ICC that have been referenced in the book. I have NOT included copies of the ICC jurisprudence, as those decisions are relatively easy to access on the ICC’s website. This section also includes documents related to the effort to create a special tribunal as recommended by the Waki Commission, and Kenyan litigation related to the failure of the Kenyan Government to arrest Omar al-Bashir upon his visit to Kenya in 2010.
IX. The Government Documents and Regulations section includes miscellaneous documents from the Kenyan Government, some of which are discussed in the book. The documents include the Cabinet Statement from July 2009 proposing that the TJRC be altered to be the primary institution investigating responsibility for the violence after the 2007 election, as well as copies of the reports of previous Kenyan Government Commissions of Inquiry.