The Clerk, National Assembly

Tel: 254 2 2221291 or 2848000

Fax: 254 2 2243694

E-mail: cna@parliament.go.ke

March 6, 2025

Dear Mr. Samuel Njoroge, CBS,

PETITION TO THE NATIONAL ASSEMBLY UNDER ARTICLES 1, 2, 10, 26, 28, 29, 37, 48, 118, AND 119 OF THE CONSTITUTION OF KENYA AND PETITIONS TO PARLIAMENT (PROCEDURES) ACT AND STANDING ORDERS 219 AND 223 OF THE NATIONAL ASSEMBLY

WE, the undersigned, comprise an organization and coalitions that push for good governance, an end to mass atrocities, and reparations for historical injustices. Specifically, the Kenya Human Rights Commission (KHRC) is a human rights and governance non-governmental organization duly registered in Kenya since 1994. KHRC has played a critical role in protecting and fostering human rights, democratic values, human dignity, and social justice in Kenya and beyond. The Kenyans for Peace with Truth and Justice (KPTJ) is a coalition of over 30 Kenyan and East African legal, human rights, and governance organizations, together with ordinary Kenyans and friends of Kenya, convened in the immediate aftermath of 2007’s presidential election debacle. KPTJ maintains that there can be no peace without truth and justice. The National Victims and Survivors Network (NVSN) is the umbrella body comprising various victims’ groups that have suffered human rights violations and historical injustices. NVSN was formed because of a resolution after a National Victims Convention, which was held in 2009 on the heels of the Kenya National Dialogue and Reconciliation and at the onset of the truth, justice and reconciliation process.

DRAW the attention of the National Assembly to the following:

  1. THAT Kenya has endured a long history of state-perpetrated injustices from 1895. February and March, in particular, have been marred by grave and systemic human rights violations committed by both colonial and post-independence regimes. These include the execution of Dedan Kimathi on February 18, 1957, the assassination of Pio Gama Pinto on February 24, 1965, the murder of Josiah Mwangi Kariuki, popularly known as JM around March 2, 1975, the Wagalla Massacre on February 10, 1984, and the assassination of Robert Ouko around February 13, 1990, among others—many of which are documented in Kenya’s Truth, Justice, and Reconciliation Commission (TJRC) report.
  2. THAT for the past two decades, this period has served as a political moment to commemorate these injustices and sustain the quest for truth and justice. The continued failure to address these atrocities has entrenched a culture of impunity, where state actors—shielded by official amnesty—face no consequences for their actions.
  3. THAT these politically motivated killings from the past drew troubling parallels to the Gen-Z crackdown last year. It follows a familiar pattern: opposition to a repressive administration, mass abductions that make tracing victims nearly impossible, extrajudicial killings where bodies remain unaccounted for, and ultimately, the absence of truth and accountability.

Public apology

  1. THAT the TJRC, established in 2008, addressed Kenya’s historical injustices and human rights violations. Its formation aimed to respond to decades of political repression, ethnic violence, land disputes, economic marginalization, and state-backed brutality—many of which, including assassinations, can be traced back to the colonial era and have persisted under subsequent regimes.
  2. THAT in May 2013, TJRC submitted its report to President Uhuru Kenyatta. While it was later tabled in the National Assembly, it has yet to be debated or adopted. The report implicated the government in the assassinations of JM, Pinto, and Ouko. TJRC provided recommendations on how the state could atone for its actions during the Kenyatta and Moi regimes.
  3. THAT one key recommendation called for public apologies for colonial and post-colonial injustices.

Lack of public access to investigative materials

  1. THAT TJRC recommended the government release all records from past investigations into these assassinations through the National Archives within six months of the report’s publication. However, these materials have yet to be made accessible to the public.

No memorials honoring assassinated leaders

  1. THAT the TJRC also recommended constructing monuments to honor Kenya’s assassinated leaders, incorporating educational elements to highlight their contributions. These memorials, whether statues, museums, or institutions, were to be completed within two years of the report’s release. However, these monuments have yet to be constructed.
  2. THAT in 2015, President Kenyatta and former Chief Justice Willy Mutunga apologized for the atrocities—albeit two years later than the TJRC’s suggested three-month window. While this was a step in the right direction, several critical recommendations, particularly those concerning political assassinations, as highlighted in paragraphs seven and eight, remain unfulfilled.
  3. THAT to the best of our knowledge, the issues we have raised are not pending before any court of law or constitutional or legal body.

HEREFORE, your humble petitioner prays that Parliament:

  1. Debates and adopts the TJRC report within a reasonable time and summons the Attorney-General to present the proposed implementation framework as outlined in the TJRC Act. This should include a mechanism for commemorating and honoring those who sacrificed in liberation struggles from the colonial era to the present.
  2. Summons the Attorney-General to clarify the status of the reparations fund proposed by President Uhuru Kenyatta during his 2015 State of the Nation address.
  3. Summons the Attorney-General to explain the specific measures being taken to investigate and hold accountable perpetrators of the gross human rights violations witnessed during the Gen-Z protests.
  4. Summons the Attorney-General to outline the measures the government is taking to uphold the constitution and the rule of law as the foundation for promoting a culture of human rights and guaranteeing non-repetition of impunity.
  5. Summons the Cabinet Secretary for Foreign and Diaspora Affairs to explain the Kenyan government’s engagement with the British government in securing credible information to locate Dedan Kimathi’s grave and remains and resolve other colonial injustices.
  6. Summons the Cabinet Secretary for Foreign and Diaspora Affairs to provide details on the government’s engagement with the British government in seeking a formal apology—beyond mere statements of regret—for the atrocities committed during the colonial period, as recommended in the TJRC report.
  7. Summons the Cabinet Secretary for Foreign and Diaspora Affairs to explain the steps being taken to ensure the British government establishes a reparations fund for the victims and survivors of colonial-era atrocities.

Presented by:

Name of the petitioner: Davis Malombe

Position: Executive Director of the Kenya Human Rights Commission (KHRC)

Full address: P.O. Box 41079-00100, Nairobi, Kenya

On behalf of:

  1. Kenyans for Peace with Truth and Justice (KPTJ)
  2. Kenya Human Rights Commission (KHRC)
  3. National Victims and Survivors Network (NVSN)

CC:

Hon. Moses Masika Wetangula,

Speaker of the National Assembly,

P.O. Box 41842-00100

Nairobi, Kenya

Dr. Raymond Nyeris,

Vice-chairperson, Kenya National Commission on Human Rights (KNCHR)

P.O Box 74359-00200,

Nairobi, Kenya

Faith Odhiambo,

President of the Law Society of Kenya

Lavington, opposite Valley Arcade, Gitanga Road

P.O Box 72219-00200

Nairobi, Kenya