TJRC PART III:
Reparations, and Accountability For What They Suffered
The effects of the Indemnity Act, the amount of time that has passed since the atrocities occurred, and fading memories of victims and other witnesses to such atrocities, all contribute to making it difficult to identify individual combatants who committed violations of the Geneva Conventions and other applicable bodies of law. The Commission finds that Brigadier Joseph Ndolo and Brigadier Jackson Mulinge (as they were then) bear command responsibility for the atrocities committed against civilians by the Kenyan Army during the Shifta War.
The Commission recommends that the President, as the Commander-in-Chief of the Armed Forces, within twelve months of publication of this Report, acknowledges that the military committed atrocities during the Shifta War and offer a public and unconditional apology to the people of North Eastern and all who were affected by the conflict. The Commission recommends the repeal of the Indemnity Act within nine months of the issuance of this Report. If the Indemnity Act is not repealed within the stipulated time, the Attorney General shall immediately thereafter (and no later than one month after such six month period) issue a public report explaining why the Indemnity Act has not been repealed and what steps, if any, the government plans to take to ensure its repeal and to provide accountability for the violations committed during the Shifta War.
The Commission recommends that within nine months of the publication of this Report, the government, and particularly the Ministry of Foreign Affairs, publishes the entire Memorandum of Agreement (Arusha Agreement) signed between the Kenyan and Somalia governments and which marked the formal end of the Shifta War. The Agreement should be published in at least three local newspapers with wide circulation. Moreover, copies of this Agreement should be translated into local languages spoken in Northern Kenya and be widely disseminated in the region. The Commission recommends the establishment of a public memorial to commemorate the victims of the Shifta War. The memorial should be established within 24 months of the issuance of this Report.