TJRC reports asks President Uhuru to make apology on torture

By ROSELYNE OBALA

Kenya: The Truth Justice and Reconciliation Commission (TJRC) has noted in its report, the State encouraged security forces to deliberately engage in unlawful detention, torture and ill-treatment of suspects.

In it’s finding, the Commission stated that each of the three successive political regimes of the late President Jomo Kenyatta, retired presidents Daniel Moi and Mwai Kibaki failed to stop the practice.

The report recommends that President Uhuru Kenyatta offers a public apology to all victims of torture and unlawful detention and acknowledge the role of the State.

It further advocates for the prosecution of police officers and other State organs who were involved in the heinous acts.

The report however, acknowledged that the use of torture as a government practise has its origin in the colonial period. It comes hot on the heels of concerns raised at the on-going United Nations Convention Against Torture (CAT) sessions where Kenya was faulted for failing to prevent torture.

Attorney General Githu Muigai who led the Government delegation to Geneva, Switzerland was on the defensive, stating that they had put measures in place to prohibit torture.

When confronted with real cases, Prof Muigai reminded CAT experts that Kenya was not on trial and instead a co-member of the treaty body, however the report shows otherwise.

Muigai had indicated that prevention of torture Bill is ready and will be tabled in Parliament soon. The report recommends the enactment of legislation prohibiting all forms of torture. It should be passed within a year of issuance of the report.

The report noted that both the colonial and post-independence regimes abused provisions of State emergencies to sanction use of unlawful detention, torture and cruel or inhuman acts in quelling actual or perceived political opposition.

The report gave reference to cases where there were joint security operations in Northern Kenya (North Eastern, Upper Easter and North region), Likoni in Mombasa and Mt Elgon in Western regions. “Systematic use of torture was employed by the Special branch during interrogations of detained prisoners in Nyayo House, Nyati House, police stations, prisons and other locations that victims were not able to identify,” read part of the report.

In a report signed by the commissioners led by chairman Bethwel Kiplagat, they gave an example of Nyayo House basement cells and the 24th, 25th and 26th floors used for interrogations and torture after the failed attempted coup of 1982.

The commission argued that the use of Nyayo House basement cells as police cells was not an afterthought but a well-meditated plan by the Government.

“The cells were well designed and built specifically for torture purposes,” the report noted.

It continues, “We find that State sanctioned the use of these places for torture purposes such as the Mwakenya crackdown and the FERA/M crackdown,” read the report.

The commission has identified officers implicated in torturing Mwakenya and FERA suspects and called for their prosecution.

It names top serving and former police officers whom it recommends for investigation by the Director of Public Prosecutions.

TJRC has also recommended that Nyayo House be converted into a memorial after consultation with victims of torture.