A Critical Assessment of the Kenyan Truth Justice and Reconciliation Commission’s Effectiveness in Resolving the Land Question

Abstract

Most transitional justice mechanisms relegate economic social and cultural violations to the background and leave them out when addressing other categories of violations. This reflects the priorities of most countries when planning transitional efforts after a period of conflict. The primary aim of the study is to assess the transitional justice mechanism employed in Kenya i.e. truth commission in view of addressing land injustices under the category of economic, social and cultural violations. This study employs a mixed approach method to assess the effectiveness of Kenyan TJRC’s in redressing the land question. The mixed approach will entail a discussion of the secondary and foundational factors that influence truth commissions’ response to economic, social and cultural issues. The study in discussing the factors will pay close reference to the truth commission in South Africa. The study is conceptualized through two theories i.e. Jonah Galtung’s structural violence theory and Robert Nozick’s entitlement theories. The two theories are employed to enhance understanding of the land question in Kenya as well as to assess the performance of the truth commission. The study is descriptive and employs a desktop review to provide baseline information to answer the research questions and fulfil the research objectives. The research findings are organized thematically in line with the five research questions. The study established that the foundational basis upon which transitional justice mechanisms and by extension the TJRC in Kenya was founded is more suitable for addressing individual responsibility. Consequently, TJRC had practical challenge in addressing the land question. This challenge was exacerbated by other factors that were unique to the Kenyan context, including lack of political good will and questions of felicity on some members of the commission. Given the temporary character of truth commissions, the study recommends that formation and operation of truth commissions should be accompanied by long term measures that ensure the implementation of commissions’ recommendations.