Uhuru Kenyatta and William Ruto named in Kenya TRJC report

A Kenyan flag and knife held aloft after elections in December 2007 About 1,500 people were killed in the aftermath of disputed polls in 2007

Kenya's President Uhuru Kenyatta and his deputy have been named in connection with post-election violence in a long-awaited report investigating human rights abuses in the country.

The report gave no recommendation for action to be taken against Mr Kenyatta and Vice-President William Ruto.

The report's chairman told the BBC this was because they already face charges at the International Criminal Court.

Mr Kenyatta and Mr Ruto deny such allegations.

The Truth Reconciliation and Justice Commission (TRJC) was set up following deadly post-election clashes five years ago.

After those elections some 1,500 people were killed and more than 600,000 forced to flee their homes.

Its mandate was to investigate and recommend appropriate action on human rights abuses committed between Kenyan independence in December 1963 and the end of February 2008 - including politically motivated violence, assassinations, corruption and land disputes.

Call for apologies

Mr Kenyatta and Mr Ruto, who were on opposite sides in 2007, won elections together in March.

Uhuru Kenyatta, 10 March 2013 Uhuru Kenyatta, the son of Kenya's founding leader, won outright in March

The report says they stand accused of "planning incitement and financing violence during 2007/2008 post-election violence".

The BBC's Wanyama wa Chebusiri in the capital, Nairobi, says that although no action is recommended by the TRJC, it does recommend further investigation and prosecution of high-profile personalities in their administration over allegations of inciting and the violence following the 2007 elections.

They include Najib Balala, the new minister for mining, and two senators.

The TJRC report also recommends that its own chairman Bethuel Kiplagat face further investigation over the Wagalla massacre in 1984, when he was serving as permanent secretary in the foreign affairs ministry in former President Daniel arap Moi's administration.

TRJC report in figures

  • Lists 180 people already recommended in earlier public reports for investigation or prosecution for alleged political instigation of ethnic violence where no action has been taken and should be
  • Recommends 36 people to the director of public prosecutions (DPP) for prosecution
  • Recommends 124 people and one company to the DPP for further investigation
  • Lists 33 people who should not hold public office
  • Recommends 115 people and nine companies to the National Land Commission for further investigation
  • Refers 10 cases to the National Environmental Management Authority with regard to land issues

It recommends that those with alleged involvement in the Wagalla massacre should no longer hold any public office.

The killings occurred in 1984 during efforts to disarm ethnic Somali clans in the north-east of the country. The government said that only 57 people were killed but survivors say close to 5,000 people died.

The TJRC suggests that President Kenyatta offer a public and unconditional apology to all Kenyans for gross human rights violations since independence within the next six months.

State security agencies should also apologise especially for acts of extra-judicial killings, arbitrary and prolonged detention, torture and sexual violence, it says.

"The prime minister of Canada had to apologise to the Indians… the other day the prime minister of Australia apologised [for historical injustices]," Mr Kiplagat told the BBC's Newsday programme.

"There is something useful in that apology. Although I wasn't involved during the 2007-2008 [crisis]… I say I apologise for what has happened as a leader of this nation something has gone wrong."

He said that the commission had heard from 42,000 witnesses and everyone mentioned in the report would have a chance to clear their names in court.

The four-volume report also calls on the UK authorities to offer a public and unconditional apology for wrongs committed during colonial times.

Both Nairobi and London should enter into negotiations within the next 12 months with a view to seeking compensation for victims of injustices under British rule, it recommends.

All victims should receive some kind of reparation, the report says, advising the Kenya government to give an initial payment of 500m Kenyan shillings ($5.9m, £3.9m) to a reparations fund.

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