TJRC

THE FINAL REPORT OF THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION OF KENYA (2013)

The specific findings on Pio Gama Pinto were:

1. The commission finds that the assassination of Pio Gama Pinto was motivated by ideological differences that were at the heart of the global cold war but also mirrored in domestic Kenyan politics.

2. The commission finds the conviction of Kisilu Mutua did little to clarify the circumstances and motives behind pinto’s assassination the commission agrees with the finding of Justice Ainsley that the case wears an unfinished aspect and that we may not have all who were involved in the crime before us’

3. The commission finds that Kisilu, Chege Thuo and a third unidentified man who disappeared, were used as scapegoats to divert attention away from the true motive and the more responsible perpetrators of pinto’s assassination.

4. The commission finds that there is sufficient circumstantial evidence, including the failure by the government to uncover the truth of who was responsible to conclude that the government was involved the killing of Pio Gama Pinto.

Recommendations

• The commission recommends that within six months of the issuance of this Report, all reports and materials of all previous investigations into these assassinations be made available to the public through the National archives.
• The commission recommends that within three months of the issuance of this report the president shall publicly apologize to the families of those assassinated, and to the nation, for these assassinations and the failure of the previous governments to investigate adequately such killings.
• With respect to the Ouko assassination, the commission recommends that those individuals that have been identified by previous inquiries (including that of Troon, Gicheru , and Sungu) as individuals who should be further interviewed and investigated, and additional individuals identified in this report linked to the assassination or its cover up, should in fact be interviewed and investigated and the results of those investigations made public, these investigations and the submitting of a report setting out the result of such investigations to the public shall be finalized no later than eighteen months after the issuance of this report.
• With respect to the Kariuki assassination the commission recommends that an investigation be commenced into the circumstances surrounding the assassination, paying particular attention to those individuals identified in the report of the Mwangale committee and in this Report at the conclusion of such investigation, any individuals for whom sufficient evidence exists shall be prosecuted and a report will be issued setting out all be prosecuted and a report will be issued setting all of the information discovered through such investigation concerning the circumstances, motives, and those responsible for the assassination and subsequent cover up such report shall be made public no later than eighteen months after the issuance of this report
• With respect to the Mbai assassination, the commission recommends that an investigation be commenced into the assassination and cover up, and that in particular such investigation, include an investigation into Norman Nyaga. At the conclusion of such investigation, any individuals for whom sufficient evidence exists shall be prosecuted, and a report will be issued setting out all of the information discovered through such investigation concerning the circumstances, motives, and those responsible for the assassination and subsequent cover up such report shall be made public no later than eighteen months after the issuance of this report.
• The commission recommends that the government establish public memorials commemorating the lives Pio Gama Pinto, J M Kariuki, Robert Ouko Father Antony Kaiser, and Crispin Odhiambo Mbai and such memorials include an educational component detailing the contributions such individuals made to the nation such memorials may include statues, Museums, or educational institutions and shall be completed within 2 years of the issuance of this Report.
• The commission recommends that an independent prosecutor be appointed to investigate and if the evidence warrants prosecute individuals linked to the death of father Kaiser.