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"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
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"legal_name": "Martha Wangari Karua",
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"content": " Mr. Deputy Speaker, Sir, I beg to second this Motion of adjournment. Indeed, we need to retreat and generate business for the House. We need to accelerate the Bills that were agreed upon at Serena Hotel and by the principals when they signed the National Accord. We also need to retreat and enable formation of the committees of Parliament, which will enable Parliament proceed with its business. Mr. Deputy Speaker, Sir, I want to clarify certain matters. As hon. Members will recall, on 18th, March, which was Tuesday last week, I laid on the Table of this House the several documents that had been signed by the negotiating parties at the Serena Hotel, together with the National Accord and the Bills that accompanied it. I have heard several hon. Members refer to the Truth and Justice and Reconciliation Commission. I want to say, from the outset, that on the 1st, February this year at the Serena Hotel, in the first document we signed, we agreed that we would ensure impartial, effective and expeditious investigations into gross and systematic violation of human rights, and that those found guilty would be brought to justice. That will be across the board. Mr. Deputy Speaker, Sir, this meant that this House is totally committed to the rule of law. It is also committed not only to our laws but also to international laws, which clearly indicate that people cannot get away with gross violations of human rights. There can be amnesty, but not for certain criminal offences. Mr. Deputy Speaker, Sir, for once, I would encourage hon. Members to seek the Papers laid on the Table, which were also published in the newspapers, so that we have the same understanding of what is happening. Yes, we did agree that there should be a Truth, Justice and Reconciliation Commission, but it is not, and was never, intended to take the place of police investigations, or take the place of the law enforcement agencies. In fact, the terms of reference of the Truth, Justice and Reconciliation Commission, for which we are now trying to expedite a Bill to enact, are clearly spelt out in Document No.7, dated 14th, February, 2008, which was laid on the Table of this House. The document clearly states that there will be no blanket amnesty that will be provided for past crimes. However, it says that individual amnesty may be recommended by the Commission in exchange for the full truth. That will be in a law to be enacted by hon. Members of March 25, 2008 PARLIAMENTARY DEBATES 397 this House. I am, therefore, appealing to hon. Members that, as we go for the two-week recess, we should support the process of identification and prosecution of perpetrators of gross human rights abuses. We cannot build a peaceful and prosperous Kenya if are to encourage the culture of impunity. We cannot tell people that today they can murder, loot and destroy property and all will be well. This should be across the board. Let the investigators do their work. Let the Commission, when it is set, do its work so that it recommends the way forward on how we should behave in future so that we do not go back to the situation we were in. However, the message must be loud and clear, that whatever the grievances, gross violations of human rights are not acceptable. Mr. Deputy Speaker, Sir, I also want to comment on the Commission of Inquiry into the Post-Election Violence which is yet to be formed, otherwise referred to as the \"Baby Commission\" by those who were in the negotiations. This is not meant to take away the role of the police or other law-enforcement agencies in investigations. It is supposed to prepare and submit a final report containing its findings and recommendations for redress or legal action or measures for future prevention to the Truth Justice and Reconciliation Commission. It is true that, eventually, these commissions may recommend amnesty for minor offences where not so many people can be taken through the process. However, we all must accept that the law does not allow compounding of felonies. So, major offences must go through the motions. Let us all support the process. Put yourself in the shoes of the person who is aggrieved and agree that the process should move forward. Mr. Deputy Speaker, Sir, these documents also recommend finding of lasting solutions to the land problems and historical injustices which cut across the board. Let us identify with the processes. I beg to second."
}