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{
    "id": 331544,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/331544/?format=api",
    "text_counter": 262,
    "type": "speech",
    "speaker_name": "31 Tuesday, 20th November, 2012 Mr. Oyugi",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Madam Temporary Deputy Speaker. I have always supported a truth and reconciliation process in whatever manner it takes, but I have always been opposed to the TJRC process as initiated in Kenya. The simple reason why I oppose the TJRC process is because of its mandate. If you look at the Act, the preamble anticipates that the reason we are going to have a TJRC process in Kenya is to deal with the post-election issues. The term that was given to the TJRC was longer than that for dealing with the post-election violence. That is one of the reasons why I am opposed to the TJRC process in Kenya. The second reason is because of the person who is the Chair of the TJRC. In my opinion, that person is going to be a witness instead of being on the Chair. Allow me to say that I have been privileged in the past couple of weeks to be in the Justice and Legal Affairs Committee. We had a chance to engage in truth and reconciliation exigencies with this particular Commission. The Commission raised several issues with the Committee and one of the things, for which I do not fault the Commission itself, is in terms of legislation. The legislation, for no reason at all, anchors the extension of any term of the TJRC to six months, which I think was not thought through properly. Secondly, the mandate of the TJRC then needed to have been worked through with the various commissioners and not narrowed down. In fact, the reason why the Minister for Justice, National Cohesion and Constitutional Affairs is asking for extension is simply because he thinks that the mandate of the TJRC is broad and, therefore, it needs an extension of time. For those reasons, if it were for me to decide, I would oppose the extension for those very reasons, so that we narrow down the term of the TJRC, and so that its term and mandate fit within what was in the preamble of the Act. Having said all those things, and having said that I participated in a Committee which listened to the TJRC issues, I think that releasing the TJRC report at this particular moment would not be in the best interests of this country. If you look at the Act, it anticipated that the Commission was supposed to finish its work within two years of its incorporation. It is long after those two years and I think the reason why someone had anticipated two years was so that we can give Kenyans a chance to reconcile, which is actually the objective of that particular Commission. Madam Temporary Deputy Speaker, that is not going to be possible if at all we release the report particularly right now. We have less than two months to an election and I really think that the content of that report - which I had the privilege to look through - might not be very good to release right now. I really think that if at all there was no reason to extend this particular term, I think one of the reasons would just be to extend it for purposes of not releasing the report now before the elections. Madam Temporary Deputy Speaker, the second reason why I would really like to vouch for an extension of the Commission’s term is because of the reason that there are several people who have been adversely mentioned in that particular report. I think the rules of natural justice require that someone else be given a chance to be heard and also present their case. I think the state in which the report is in right now, if at all it is released without giving the people a chance to iron out the issues, I think it would be contrary to the rules of natural justice."
}