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{
    "id": 186988,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/186988/?format=api",
    "text_counter": 207,
    "type": "speech",
    "speaker_name": "Mr. Imanyara",
    "speaker_title": "",
    "speaker": {
        "id": 22,
        "legal_name": "Gitobu Imanyara",
        "slug": "gitobu-imanyara"
    },
    "content": "Thank you, Mr. Temporary Deputy Speaker, Sir, for this opportunity also to make some observations regarding this very important Bill which I wholly support, although I feel certain improvements could be made on it. In many ways, this is the most important piece of legislation that is coming before this House and I join those who are congratulating the Minister for preparing this very important Bill. Mr. Temporary Deputy Speaker, Sir, for a long time, we have been talking about abuses of human rights in this country. Politicians and political parties have been making many promises regarding what they will do once they get to office and this is the first time that specific concrete measures are being taken to address these issues. Most of the contributions I would have liked to make have been made by the previous contributors including the Minister herself and all I would want to do is plead for recognition of certain aspects that need specific recognition. Mr. Temporary Deputy Speaker, Sir, we cannot in this country talk about a Truth, Justice and Reconciliation Commission without acknowledging the contributions of individuals, many of whom have died while bringing this country to democracy. In many ways, the Truth, Justice and Reconciliation Commissions are for this purpose. Therefore, I would have liked to see certain clauses in this Act that require the Commission also to make specific recommendations to honour those who have made it possible for this country to reach a situation where we can, in fact, set up a Truth, Justice and Reconciliation Commission. These are the great heroes of this country's liberation wars and struggle and acknowledging their contributions to this country's political evolution should be one of the core objectives and functions of a Truth, Justice and reconciliation Commission. Acknowledging them in specific terms rather as nameless persons should take priority. In this regard, I am mindful also of the many women who have borne the brunt of the struggle for this country's liberation. Many times we talk about people who have been put in detention and prison forgetting that the people left behind sometimes suffer a lot more than those who are in detention or prison who occupy people's attention, forgetting the many mothers who remain with big burdens back home and make contributions to protect their families and provide eduction not only to their own children but to many children of others. Mr. Temporary Deputy Speaker, Sir, I would like specific recognition for these people and I am persuaded that one of the ways in which we can pay tribute to these people is to require that all the Commissioners in this Truth, Justice and reconciliation Commission be women. I am sure that this will not go well particularly with certain Members of this House, some of whom are sitting behind me, but it is a fact of the matter that our women's contribution to this country's liberation has been far greater than those of men. I can say as one who has been in detention in both Nyayo and Nyati houses that those women left behind sometimes suffer a great deal more. They do not get any honours and contributions such as others get. A recognition in the body of this Bill would be quite in order. Mr. Temporary Deputy Speaker, Sir, I would also like to suggest that we should not limit July 31, 2008 PARLIAMENTARY DEBATES 2291 the period of investigation to 12th December onwards. There is absolutely no harm where there are living Kenyans who can recount their ordeals and the struggle that this country went through right back to the Nandi resistance. If they are alive, why should their contributions not be in the annals of Kenyan history? What would be the harm in recognising their contributions so that when the history of this country is written, we can read about them? Why do we want them to die with such a rich legacy and history? Why not make it possible for them to appear before the Commission to recount what they went through? That is because, in many ways, this country suffers because we let down those who fought for this country's Independence. It is the homeguards and those people who made no contribution to this country's struggle for Independence that benefitted most. One of the ways in which we can remember the contributions of those who fought, including many women in Central Province, whose contribution to liberation is, sometimes, minimized,--- They contributed far greater! Some of those women are alive! I would like the widow of Dedan Kimathi, for example, to appear before the Commission because she is alive! There are many others; I know Field Marshal Baimungi from my own constituency who was in the forest and he was shot dead. His widow is still very much alive and remembers what they went through! What will be the harm in giving them an opportunity to appear before this Commission? Why are we limiting? I see no sensible reason for limiting the contributions to the period after 12th December, 1963. Mr. Temporary Deputy Speaker, Sir, we also need to remember that there are certain monuments of shame! I am talking about buildings like Nyayo House that ought to be immortalised in the records of the Truth, Justice and Reconciliation Commission, where much of the atrocities that took place in this country happened. Let there be specific references to that building where those activities took place, and let them be preserved in the records of the Commission. It is not only Nyayo House. There are many others in many parts of this country which were centres of torture. Mr. Temporary Deputy Speaker, Sir, I would like to see an investigation with specific reference being made by that Commission with regard to the excesses of the abuse of office by certain sections within the Kenyan Police Force. The firing squad that has been responsible for so many extra-judicial killings. They must not get away! We must not allow the general investigation to suppress or hide some of the notorious facts that we know of individuals in the Police Force who have been responsible for tarnishing the name of our Police Force which have, in many instances, performed extremely well! Mr. Temporary Deputy Speaker, Sir, I would like specific clauses within this Bill - and I will be submitting this during the Third Reading for amendments - not to take away the substance of the Bill, but to enhance its effectiveness so that, Kenyans can participate knowing fully well that it addresses specific issues. For example, the saba saba riots that brought in the repeal of Section 2(a). Let us name specific events that are in our living history so that Kenyan's interest in the work of the Commission can be generated, so that it does not become another commission like many others whose contents and recommendations are shelved away in some Government buildings. Mr. Temporary Deputy Speaker, Sir, I am certain that the Minister, herself, having been a victim of many of the abuses that will be investigated, would like to be remembered as the one that made it possible for the Commission to be relevant today. We can only make it relevant by making the events of our living history be the starting point of the deliberations of the Commission. We do not wish to see former Heads of State die before they get an opportunity to appear before that Commission so that, some of us can appear before them and ask questions because we know things that took place in our own lifetime! That is one of the ways that we can deter future abuses of power by those in office. Mr. Temporary Deputy Speaker, Sir, I could go on and on, because I would like to say very many things, but I will only be repeating those things that have been said by hon. Members in this 2292 PARLIAMENTARY DEBATES July 31, 2007 House. All I would like to say for the moment is that, I do wholly support this Bill, and I hope that this House will pass it and improve on it. With those few remarks, Mr. Temporary Deputy Speaker, Sir, I beg to support."
}