Committee calls for enactment of laws to address injustices
By Rawlings, December 20, 2023
There are legislative gaps that make it difficult to compensate or pay reparations to victims of historical injustices and gross human rights violations, the Senate Justice and Legal Affairs Committee has observed.
Instead, the committee has directed the Office of the Attorney General and Department of Justice, in liaison with the Kenya National Commission on Human Rights (KNCHR), the National Treasury, Parliament and the Council of Governors (CoG) to put in place a policy framework on reparations for historical injustices and gross human rights violations.
In addition, the Bomet Senator Hillary Sigei-led committee now wants the relevant government agencies to develop a legislative framework providing the mechanism through which the State can compensate victims of historical injustices and gross human rights violations that have not been attended to for many years.
“The Senate Justice and Legal Affairs Committee wants regulations in place to operationalize the said legislative framework, including anchoring the proposed Restorative Justice Fund under the Public Finance Management Act, 2017,” reads part of the committee report.
Historical injustices
Now, the committee is recommending a legislative framework to also guide County Governments in budgeting and offering reparative measures, including the recognition of heroes and establishment of monuments at the county level.
The Committee further directed the KNCHR to take steps to secure appropriate redress for the victims.
The committee made the recommendation following a petition filed by Machakos Senator Agnes Kavindu on behalf of the Muindi Mbingu Memorial Ngelani Association concerning historical injustices suffered by residents of the Ngelani Area in Machakos County.
The petition states that the Akamba people residing in the Ngelani area in the present Machakos County suffered historical injustices dating back to 1938 at the hands of the British Colonial Administration, the effects of which they continue to suffer to date.