KaNovember/Decemtber 2010ibaNews The birth of a new Republic Reconstituting the TJRC * Rendition and extradition in Kenya * For real or for show? * Was it gerrymandering? ABOUT THE MEDIA DEVELOPMENT ASSOCIATION h e M e d i a issues and their link to D e v e l o p m e n t journalism; oReinforcing the values Association (MDA) is of peace, democracy T o an alumnus of graduates of Carrying out research and freedom in society University of Nairobi's School on issues relevant to through the press; of Journalism. It was formed in journalism; o 1994 to provide journalists Upholding the ideals of a o with a forum for exchanging Organizing tours and free press. ideas on how best to safeguard excursions in and outside Kenya to widen Activities of MDA include: the integrity of their profession p journalists' knowledge Advocacy and lobbying; and to facilitate the training of of their operating media practitioners who play environment; pPromoting journalism an increasingly crucial role in exchange programmes; shaping the destiny of the oPublishing magazines for country. journalists, and any pHosting dinner talks; other publications that The MDA is dedicated to are relevant to the pLobbying for support of helping communicators come promotion of quality journalism training to terms with the issues that journalism; institutions; affect their profession and to respond to them as a group. oEncouraging and assist pInitiating the setting up The members believe in their m e m b e r s t o j o i n of a Media Centre which ability to positively influence journalists' associations will host research and the conduct and thinking of l o c a l l y a n d recreation facilities; their colleagues. internationally; pW o r k i n g f o r t h e The MDA aims at: oCreating a forum development of a news oB r i n g i n g t o g e t h e r through which visiting network; journalists to entrench journalists from other friendship and increase countries can interact pProviding incentives in professional cohesion; with their Kenyan terms of awards to Providing a forum counterparts; outstanding journalists t h r o u g h w h i c h a n d j o u r n a l i s m journalists can discuss oHelping to promote students; the problems they face journalism in rural areas in their world and find particularly through the pInviting renowned ways of solving them; training of rural-based journalists and other correspondents; speakers to Kenya; oOrganising exhibitions in journalism-related oAdvancing the training pNetworking and liking a r e a s s u c h a s o f j o u r n a l i s t s i n u p w i t h o t h e r photography; specialised areas of j o u r n a l i s t s ' communication; organisations locally oOrganising seminars, and abroad. workshops, lectures oCreate a resource and other activities to centre for use by discuss development journalists; Nov/Dec 2010 This newsletter is meant to: 1 Give critical analysis of democracy and governance issues in Kenya. 2 Inform and educate readers on the ongoing Constitution Review Process. KatibaNews is published by Media Development Association (MDA). This publication has been made possible with the kind support of the Konrad Adenauer Stiftung (KAS) in Kenya. MDA is not-for-profit organisation registered under the Societies Act. Managing Editor Stephen Ndegwa Associate Editors Contents Susan Kasera Patrick Mwangi Henry Owuor 2. Reconstituting the TJRC Office Assistant 5. Rendition and extradition in Kenya Monica Mugure Photography 9. For real or for show? The renewed fight against World Wide Web corruption Art Direction & Design Khafre Graphics 13. Was it gerrymandering? The controversy on electoral boundaries KatibaNews is published monthly and is distributed free to all media houses, civil society organisations, and the public. All are welcomed to send their observations on the constitutional review process to be the Editorial Board. Views expressed in this newsletter do not necessarily reflect those of MDA, KAS or partners. Reprinting of materials permitted provided the source is acknowledged. All Correspondence to: The Editor Katiba News P.O. Box 64254-00620 Tel. 2712309 Nairobi, Kenya Email: [email protected] 1 KatibaNews DEC 2009 KN Nov/Dec 2010 1 Truth & justice Reconstituting the TJRC these violations and injustices was perceived as one of the long-term measures towards the realisation of national unity, reconciliation and healing. In pursuance of its mandate, TJRC is required to inter alia identify State and non-State actors both as individuals and institutions responsible for, or were involved in the past violations and abuses; identify and specify the victims and make appropriate recommendations for redress, i n c l u d i n g r e p a r a t i o n s a n d prosecutions; create a historical record of violations of human rights abuses; and more importantly, make recommendations for systemic and institutional reforms to ensure that such violations and abuses do not occur in the future. Former TJRC Chairman, Amb. Bethwell Kiplagat Mandate Under section 20 of the TJRC Act, the commission is required to finalise By Katiba News correspondent by an Act of Parliament No 6 of 2008 as part of the accountability and present its report to the President component of Agenda Four of the by November 2011, but it can seek National Accord signed by the two for an extension of up to six months to he events that followed the do so. Three months subsequent to the hotly contested 2007 principals to specifically investigate, analyse and report upon all gross submission of the report, the presidential elections that commission shall stand dissolved. As pushed the country to the human rights violations and other historical injustices in Kenya between per the current schedule, it shall stand Tbrink of collapse brought to the fore dissolved as at the end of February December 12, 1963 and February numerous underlying issues. These 2012. have been the main causes of the 28, 2008. prevailing social tensions, instability In spite of the numerous challenges that and cycle of violence in Kenya. These include cases of disappearances, detentions, torture, sexual violations, TJRC has faced since its establishment, it had collected more Gross violations and abuses of human murder, extrajudicial killings, ill treatment and expropriation of than 9,700 statements as at mid- rights and historical injustices suffered October 2010. This exercise is by many under the previous regimes property: economic crimes including grand corruption and exploitation of expected to continue until January were neither acknowledged nor 2011, when the commission addressed. To address this situation, natural or public resources; irregular and illegal acquisition of public land anticipates to have covered all parts of the Truth, Justice and Reconciliation the country and hopes to have had Commission (TJRC) was established and of communities, among others. Addressing the causes and effects of page 3 2 KN Nov/Dec 2010 Truth & justice from page 2 direct engagement with at least the commissioners, but also to erosion legitimacy and credibility to chair the 30,000 Kenyans. However, not of the ability to marshal enough commission; investigate whether his much has been done as far as civic resources to facilitate its operations. past is riddled with unethical practices education is concerned. Other than being allocated limited and absence of integrity; establish funds by the Treasury, the whether he has been involved in, Since its establishment, TJRC has Government has been less enthusiastic linked to or associated with incidents faced numerous challenges that have in the stakeholders' trust and considered to be abuse of human rights not only hampered its progress, but confidence in the commission thereby and whether he is likely to be a witness have also threatened its existence and inhibiting its releasing the funds in the same matters that the commission successful completion of its mandate required by the commission. is mandated to investigate. within the specified period. Most of the challenges have arisen as a result of Meanwhile, other development Upon completion of its task, which is questionable legitimacy of the partners have deliberately kept off slated for April 2011, the tribunal is commission's leadership under TJRC's operations and activities. In required to submit its report and Ambassador Bethwel Kiplagat, whose April 2010, TJRC filed a petition to recommendations to the CJ. In the integrity and credibility as the chair of the Chief Justice requesting him to set meantime, the commission continues the commission has been under severe up a tribunal to investigate the conduct with its operations under the scrutiny. From the onset, there were of the chair in accordance with section stewardship of Ms Tecla Namachanja repeated calls for his resignation both 17 of the TJRC Act of 2008. Wanjala as the acting chairperson. from within the commission itself and Despite the immense pressure, from other quarters, particularly from Kiplagat defiantly remained in office New constitutional order pro-human rights civil society until November 2, when he stepped The work of the TJRC remains organisations. aside to pave way for investigation by important under the new constitutional a five-person tribunal appointed by dispensation. Whereas TJRC should Tribunal Chief Justice Evan Gicheru in help in reviewing our past to identify The saga surrounding the legitimacy October. the wrongs committed, the victims and credibility of the chair has involved and the perpetrators inevitably slowed down the The tribunal is required to investigate responsible, the new Constitution operations of the commission. This not allegations that the chairman's past offers the country an opportunity to only led to a rift between the chair and conduct erodes and compromises his put in place the constitutional and legal framework through which these issues can be redressed while guarding against such future occurrences.