An Interview with Major Gen. Ahmed Sheikh Farah of the Truth, Justice, and Reconciliation Commission (TJRC) of Kenya

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Editor's Note: WardheerNews has the pleasure to present an interview with Major General Ahmed Sheikh Farah of the Truth, Justice, and Reconciliation Commission (TJRC) of Kenya. The focus of the interview centers around past injustices and gross human rights violations committed against Kenya-Somalis and other Kenyans. The commission formed to carryout investigations on the human rights violations, covers the period after independence, from December 12, 1963 to February 28, 2008.

The 2007 disputed election between the current Prime Minister, Raila Odinga, and President Mwai Kibaki left thousands of civilians dead and over 650,000 displaced. Important historical aspects covered in this interview include the infamous Wagalla Massacre of 1984, where the Kenya Army gunned down a large number of defenseless Kenya-Somalis. The decorated and outspoken Major General is a veteran naval officer and former Kenyan naval commander and Chief of Operations, Dept of Defense. The interview is insightful, and informative.
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WardheerNews (WDN): Could you please give us some background information on the reasons behind the creation of the Kenya Truth, Justice, and Reconciliation Commission (TJRC).

Major Gen. Ahmed Sh. Farah (Gen. Farah): The Truth and Reconciliation Commissions (TJRCs) were created for countries which emerged from civil wars or from dictatorships where there have been history of gross human right violations. In the world, TJRCs were held in the following countries: Chile, Peru, Nigeria, Ghana, Sierra Leone and South Africa to mention but a few. In Kenya, fifteen (15) years of Kenyatta reign and twenty four years (24) of Moi regime saw violations of human rights on a grand scale. In the elections of 2002, the people of Kenya put aside their tribal differences and elected overwhelmingly the National Rainbow Coalition (NARC) party and Mwai Kibaki the leader as President. The people of Kenya were at that time described as the most hopeful people in the world.

The NARC government constituted a commission under the Chairmanship of a Kenyan, Professor Makau Mutua, Dean of the Faculty of Law in New York University to collect views of the Kenyan Public whether the country needs a Truth, Justice and Reconciliation Commission to reconcile and heal the nation. 85% of Kenyans said yes but, as all this happened in 2004, the TJRC was not formed because of the political parties’ standoff in the writing of the new constitution. The referendum on the constitution writing in 2005 and the rejection of the government proposed constitution made matters worse, hence there was no political will to create the TJRC. The bungled elections of 2007 where the people of Kenya fought one another leading to the unfortunate death of 1,300 innocent civilians and the subsequent displacement of 650,000 people (IDPs) followed by the Eminent African Leaders Mediation between the two competing parties led to the formation of a coalition government and signing of the Reconciliation Accord.

The formation of the TJRC was agreed upon at the signing of the accord in 2008. Hence TJRC was formed in July 2009. The Truth Justice and Reconciliation Commission is mandated to inquire into gross human rights violations and other historical injustices in Kenya between December 12, 1963 and 28 February 2008. The TJRC is part of the accountability component of Agenda Four of the National Accord that ended post election violence in Kenya. By addressing the cause and effects of historical injustices and gross violations of human rights, the TJRC will contribute towards national unity reconciliation and healing.


WDN: The Commission comprises of nine members. How did the selection of the officials happen and what were the determining factors?

Gen. Farah: The TJRC Act of 2008, section 10 states that the commission shall consist of nine (9) commissioners’ three (3) of whom shall be non-citizens, one of them being the opposite gender, selected by a panel of civic society and stakeholders of transactional justice. The positions of the six (6) Kenyans were publicly advertised with the required qualifications clearly outlined and are stipulated in the TJRC Act section nine (9). Twelve (12) applicants out of three hundred (300) applicants were shortlisted and the interviews were carried out by the panel representing the key stakeholders including civil society. Nine (9) names were then selected by Parliament and presented to the President. The President selected six (6) and chose one among them to be the Chair. Three of the six Kenyan Commissioners were to be of the opposite gender. The Commissioners elected the Vice-Chair who had to be the opposite gender to the chair.

WDN: Is the Commission independent from the Kenya Government’s influence?

Gen. Farah: It is stipulated in the Commissions Act section 7 that the Commission shall have all the powers necessary for the execution of its functions under the Act and shall not be subject to the direction or control of any other person or authority. The Act further states in section 21(1) that in the performance of its functions under the Act the Commission shall not be subject to the control or direction of any person or authority. That is how the Commission is really independent.

WDN: To investigate human rights violations in an African or in a nascent democracy is a daunting task, particularly when investigating in a wide time range such as from 1963 to 2008. How much cooperation or access do you get from Kenyan Government?

Gen. Farah: Information is accessible for the Commission including reports of previous commissions of inquiry as well as vital state information which is either available from the National Archives or from the records of the various Ministries and Government bodies.

Information in areas relevant to the TJRC’s mandate has so far been made available to us or we obtained it through our research and investigation departments. The commission has the power to gather, by any means it deems appropriate, any information it considers relevant from any source including government authorities and to compel the production of such information as and when necessary as outlined in TJRC section 7 of 2008 Act.

WDN: What are the challenges and accomplishments the Commission faced so far?

Gen. Farah: Major challenges to the commission include: inadequate funding and controversy surrounding the credibility of the Chairperson Ambassador Bethuel Kiplagat as well as opposition from some civil society organization over the same. Funding has since been streamlined and the Chairperson stepped aside to enable tribunal investigations of credibility issues and civil society engaging and supporting TJRC. In regard to achievements, 304 statement takers were deployed countrywide. The commission received 30,000 statements from individuals; the highest for any truth commission. Likewise, the commission received 300 memorandums from various groups countrywide. Hearings have been held in Northern Kenya and Mt. Elgon. The hearings were both public and in camera sections for women. TJRC is an engendered commission at the commissioner and secretariat levels. The Secretariat headed by a CEO with 7 Directors for investigation, Research, Administration and Finance, Communication, Civic Education and Special Support (to ensure women and minorities issues are not overlooked). Women, minorities, the disabled and even victims are well represented in the structure of the commission.

WDN: What can you tell us about Wagalla Massacre that took place on Feb. 10, 1984 where it is reported over 5000 Somali Kenyans were killed by the Kenya Army?

Gen. Farah: In the latter half of 1983 and early 1984 there were a lot of banditry, cattle rustling and clan animosities in Northern Kenya. A lot of small arms influx from the 1977/78 Somalia-Ethiopian War was finding its way into the Province for over four to five years. In Wajir, the Degodia and Ajuran sub-clans were fighting over resources, pasture land and water. Besides, there was a prolonged drought in 1983/1984. In November 1983, the Degodias killed a number of Ajuran men and women. On 8th February 1984 the Kenyan Intelligence Committee, the Provincial Security Committee and the Wajir District Committee met in Wajir and authorized the Degodia to be disarmed. The operation was carried out by rounding up all male adult Degodia men from the whole District and assembled them at Wagalla Airstrip. This was done on 10th February, 1984. Thousands of men were held at the Airstrip for four days i.e. 10-13 Feb 1984 without water or food. A lot of men died of thirst, others of heat stroke and others of bullet fire as they tried to run away. The Kenya Government claims only 57 men died while other sources claim 5000; however we managed to establish 381 authentic deaths.


WDN: What was the mood of Kenya-Somalis at the time?

Gen. Farah: Helpless, subdued, marginalized, and brutalized and they felt as if they were being ruled by powerful people who hated them.

WDN: The Truth, Justice, and Reconciliation Commission has recently held hearings in Wajir while the survivors of the massacre gave testimony on the horrific events at Wagalla, knowing that investigations are still ongoing. What can you tell us about those hearings?

Gen. Farah: The TJRC recently held hearings in Northern Kenya i.e. Garissa, Wajir, Mandera, Moyale, Marsabit and Isiolo formerly known as Northern Frontier Districts (NFD). Massacres, extra judicial killings, rape, abduction, torture and other gross human rights violations occurred in all of them. The hearings for the people responsible for these atrocities will be held in early June. This is ongoing and I cannot say much on this matter until concluded in the future.

WDN: It was reported that Benson Kaaria, the former Provincial Commissioner of North Eastern Province was not present at the hearings. Does your commission have the jurisdiction to force those who were involved and whom the Commission deems necessary to question at the Commission inquiries?

Gen. Farah: Benson Kaaria as well as those other officials who were adversely mentioned as perpetrators have been summoned and will appear before the Commission first week of June. It is an ongoing process and I cannot comment or predict the outcome.

WDN: What are the processes by which the Commission may recommend amnesty or prosecution or in other words would Mr. Benson Kaaria and others that were involved in the massacre ever face justice if proven crimes were committed at Wagalla against ethnic Somalis?

Gen. Farah: I know you are concentrating on Wagalla alone but a lot of atrocities were committed by Government officials on behalf of the state on innocent citizens countrywide. The Commission will certainly recommend prosecution for those who will be found culpable. There will not be any amnesty for those who committed gross human rights violation. The Act forbids this. However, there are others who were responsible for other human right violations, and are willing to spill the beans and tell it all and are remorseful. Then the amnesty sub-committee of the Commission will consider and may recommend amnesty under certain conditions e.g. corruption cases where the perpetrators admit to tell it all and are willing to return all or portion of the looted money or property. Such cases are provided in the act to be considered by the commission.

WDN: If you were to contrast, the Kenyan-Somali of the eighties with the present day Somali Kenyans, is there any progress in the form of representation in government?

Gen. Farah: Absolutely. The Somali Kenyan representation in Government is very good now. Nothing compared to the 1980’s. Those were bad years unlike now.That is why the TJRC process has been accepted by the people of the Northern Region in order to bury the past and heal the people as we enter a new era of devolution of government and new constitutional order with satisfactory bill of rights.

WDN: Thank you Gen. Farah for giving us this opportunity to have this interview with you.

Gen. Farah: You are well come and thank you for giving me the platform to highlight the work of the Truth, Justice, and Reconciliation Commission (TJRC) of Kenya.

South Sudan: Africa’s Newest Republic

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After two-decades of devastating armed rebellion, representatives of the Sudanese government and the Sudanese People’s Liberation Army/Movement (SPLA/M) finally signed a peace treaty in 2005 under the auspices of the United Nations (UN). Led and represented by Dr. John Garang de Mabior (June 23, 1945 – July 30, 2005) in the 2005 historic signing ceremony, the inhabitants of South Sudan looked forward to a day when they would cast their votes in order to determine their future. That anticipated time has finally come. An internationally-supervised voting referendum is currently underway in north and south Sudan. Other polling stations have been set up in several regions of the world where substantial number of registered South Sudanese people reside. The week-long voting has so far been peaceful apart from a few isolated incidents. According to Jimmy Carter, former President of the United States, the referendum meets international standards. On the other hand, the inhabitants of the natural resources-rich Abyei region of Sudan are also expected to hold a referendum at a later date.

Since gaining independence in 1956 Sudan has been led by a bureaucracy of predominantly Arab leaders professing Islam. Demographically, north Sudan is dominated by people of Arab origin who are for the most part Muslims while the south is divided between followers of Christianity and traditional African religions. For over half-century Sudan has been at the mercy of a succession of military leaders with appalling human rights records. In the past, there had been relative ethnic harmony between the northerners and southerners until unequal distribution of wealth and imposed hierarchy practiced by north Sudanese leaders plunged the nation into systemic violence. Following the toppling of Prime Minister Sadiq al-Mahdi in a coup d’état instigated by the current sitting president Hassan al-Bashir in 1989, Sudan descended into a cycle of violence consequently setting the stage for a prolonged conflict. The imposition of Islamic Sheria and the discovery of oil in the south further agitated the predominantly black population who aggressively intensified their fight for self-determination.

Salva Kiir Mayardit, the current president of the semi-autonomous government of Southern Sudan and the Vice President of Sudan, the man slated to be the future president of Southern Sudan, has in the past called for the separation of the south from the north. While commenting on the current referendum in 2009, Kiir admonished southerners to either choose being “a second class in your country” or “a free person in your own independent state”. Political pundits and analysts and commentators and media personalities who are closely watching the political events in southern Sudan, note unifying sense of euphoria and a yearning for national sovereignty that is visible on the faces of millions of southerners casting their votes.

Countries like Ethiopia, Kenya, Uganda, Democratic Republic of Congo DRC), and the Central African Republic (CAR) that share border with Southern Sudan have a lot to gain from Africa’s newest republic. For example, apart from having cordial relations with the anticipated republic, Kenya has vast business dealings ranging from banking, energy, transportation, and education in Southern Sudan. An estimated 70,000 Kenyans reside in Juba alone. In the past, the Kenya government played major roles in Sudan’s quest for peace and reconciliation. Top SPLA/M cadres established residences in Kenya’s major cities with John Garang being the top most to own a palatial home in Nairobi. Likewise, Kenya settled thousands of South Sudanese refugees in its northern camp of Kakuma and a vast number of Sudanese students call Kenya home. Chances are that thousands of ordinary Kenyan citizens will flood Southern Sudan once the votes are cast in favor of separation. There was even mention in the Kenya press about modeling future Southern Sudanese education from the Kenyan system. The East African Community (EAC), a regional body whose members have been drawn from nations within East Africa for the purpose of boosting the regions economy with an eye on future confederation, has reserved a space for the newly emerging nation of Southern Sudan.

Final Results Emerge

Finally, the votes have been cast and the people of Southern Sudan overwhelmingly voted for total separation. As a final verdict, global media reported that voting results exceeded international expectations. After decades of armed struggle, the new nation of Southern Sudan is now ready to embrace the international community of nations. And as its people rejoice in adulation and collectively celebrate with melodious applause, the type of political culture and mode of administration to be charted by the nation's technocrats will determine its future. For now, the nation's leadership is in the hands of Salva Kiir, doyen of political and armed struggle. Presumably, the way forward for a region like southern Sudan that has been devastated by military incursions, carpet bombings, inter-clan rivalry, disease and malnutrition, drought and locust invasions, is to embrace liberal democracy.

In conclusion, respect for the rule of law, educating ordinary citizens as a means to combating illiteracy, enhancing the foundations of the economy through aggressive agriculture, land consolidation and soil conservation, advancing political deliberations for the attainment of political maturity, inviting credible foreign investors, exploiting potential natural resources, and equitable distribution of the nation's wealth should be the foremost priority.

Good News for Peace-loving Somalis

The recent signing of a peace agreement between the Transitional Federal Government of Somalia (TFG) and the Sufi-led faction hereafter referred to as Ahlu Sunna Wal-Jamaa is a step forward and should be commended by all peace-loving Somalis and their friends in the international community. Sufism, a branch of Islamic school of thought, is a theological thinking that seeks closeness to the Almighy Creator through meditation and hymmimg.

For many years, Somalia's sufis have been known to have been peaceful in their pursuit of their religious practices until the emrgence of various religious factions uncluding the likes of Al-shabab and Hizbul Islam who imposed alien ideologies on the peaceful ASWJ followers in Somalia's central regions.

The sharing of power between the TFG and the ASWJ where ASWJ will have powerful ministerial posts in the current government headed by Sheikh Sharif Sheikh Ahmed will create a powerful force that will eventually be a clog in the eyes of Al-shabab and Hizbul Islam.

The announcement by the leaders of ASWJ that they will pacify the country in as little as six-months and ensure all antagonists are annihilated should be a warning sign to those opposed to the combined forces of the TFG and ASWJ.

Foreign Fighters Fleeing Somalia

There has been a beehive of military activity in Somalia for the past few weeks. According to media reports, the Somali Transitional Federal Government (TFG) headed by Sheikh Sharif Sheikh Ahmed has been mobilizing thousands of militias loyal to his government and contingents of well-trained troops who recently completed military training in friendly African countries for a final onslaught against forces opposed to his administration. Forces rivaling Somalia’s infant government include the theologically-driven Al-shabab supported by hundreds of foreign fighters. Al-shabab recently joined forces with the militia of Ras Kiamboni headed by hard-line Sheikh Hassan Turki. Hizb-ul-Islam, a faction headed by Sheikh Hassan Dahir Aweys and funded, supported, and advised by the Government of Eritrea is suspected to fight the Somali government should the war turn out to be full scale war. Eritrea has been a target of African Union condemnations because of its flagrant violation of Somalia peace and security and has been absent from the Union’s summits in Addis Ababa for the last ten years.

Somalia media is now abuzz with the drumbeats of war with some reporting that residents have seen foreign fighters fleeing the areas they previously frequented. These fighters have been mostly impacted and frightened by the continuous flights of foreign reconnaissance planes that have been flying over Somali airspace for the past few weeks. Somalia’s foreign fighters who have been drawn from all over the world have been providing rebellious factions with military expertise, bomb making skills, intelligence gathering, and have been vanguards of targeted assassinations against high profiles and most importantly oversaw almost all suicide bombing operations. By fighting alongside the rebels, in return, these foreign fighters get the free will to marry Somali women of their choosing while enjoying unconditional protection from international manhunt and prosecution.

Somalia’s president has run out of patience with those wrecking devastation in his besieged nation. Sheikh Sharif Started clasping his fists as a form of practicing pugilism and tightening his belt after his administration celebrated its first year in office. For the past year he has been globetrotting seeking assurances and gathering support from friends and allies of Somalia. Residents of Mogadishu reported seeing the young president in military garrisons fuming and clad in military fatigue-a sign the next few weeks will turn the tables upside down. The alternating interviews he gave to foreign and local media houses, the various communiqués he is said to have issued, and the movement of troops and hardware he is said to be overseeing should be enough to signal the end of a bleak era for Somalia and the start of peaceful reconstruction.

Ahl-sunna-wal-jama’a (ASWJ), the Sufi-led faction that controls the central regions and allied to the TFG, has its forces in high alert. ASWJ with support from Ethiopia could inflict devastating blows to Al-shabab and Hizb-ul-Islam forces fleeing to Ethiopia’s Somali region. The Government of Kenya, having amassed thousands of troops along its border with Somalia and having officially closed all border crossings could act as a detriment against fleeing terrorists. To the north, the tiny nation of Djibouti with support from French and American forces could deter fleeing rebel forces. Massive aerial bombing by western powers will undoubtedly bring about shock and awe to the rebels military installations. Those running away in decrepit dhows and headed for the Gulf of Aden could be blockaded by the combined international navies currently battling piracy along the coasts of Somalia. Such concerted efforts could usher in the defeat of international terrorism in the Horn of Africa.

More African Union Troops for Somalia

Whenever the African Union sneezes, it is either Burundians or Ugandans who flock to Somalia as peacekeepers though for the many splinter groups fighting in Somalia, their presence ignite more violence, bloodshed, refugees, internally displaced, and political instability. Just yesterday, 400 well-armed and well-trained troops meant to boost Somali peace efforts arrived the city of Mogadishu in high spirits from the tiny landlocked central African nation of Burundi. The good thing is that, the international airport in Mogadishu that had been nonoperational for 20 days because of a decree by the fundamentalist religious group Al-Shabab opened doors a day earler allowing even deported Somalis from Saudi Arabia land safely, according to local Somali media reports.

For the past few months, armed resistance groups in Mogadishu and troops from Uganda had been engaged in bitter firefight after contingents from the Ethiopian army paved way for what is thought to be preparations for a complete withdrawal from Somalia of Ethiopian forces pursuant to agreement reached in neighboring Djibouti between the Asmara group and the Transitional Federal Government of Somalia (TFG) that calls for the complete withdrawal of Ethiopian troops from Somalia within 120 days.

However, many Somalis are pessimistic and an equal number remain optimistic about the change of affairs in this volatile region. For some, the arrival of Burundians means the world has at last heeded to calls by concerned groups for the pacification of Somalia and the complete withdrawal of Ethiopian forces. For others, the departure of Ethiopian forces from the Somali political spectrum will lead to further divisions and protracted enmity among tribal groups.