One of the three foreigners on the nine-memberKenyan Truth, Justice and Reconciliation Commission (TJRC) said the commission hasthe power to recommend prosecution of those it would find committed violationsof both international and Kenyan law.
The TJRC was established to look at thehistory of human rights abuses in Kenya from independence in 1963 to 2008.
Itsformation has been criticized by a number of prominent Kenyans. For example, formerPresident Daniel Arap Moi has reportedly said that the TJRC could furtherdivide Kenyans. Nobel Laureate Wangari Maathai also said the Commission wouldfacilitate impunity.
But Ron Slye, theAmerican member of the Kenyan TJRC said the commission is in the early stagesof its work.
"Weare in the very early days of the process; it's a process that was agreed to byall the political parties at the end of the election violence in 2008 and a setof peace agreement that was brokered by former (U.N.) Secretary General KofiAnnan," he said.
Slyedisputed claims by critics that the TJRC would further divide Kenyans.
"Mysense is that there is broad support among many Kenyans to want to finallyaddress the abuses that occurred in the past, and I have every confidence thatwe will do that," Slye said.
Hesaid the commission has powers under its mandate to recommend prosecution ofthose it would find committed violations of both international and Kenyan law.
"Wedo have very clearly the power to recommend prosecution if we discover thatthere's evidence of individuals who have committed both violation ofinternational criminal law and Kenyan law," Slye said.
Slyedisagreed with Nobel Laureate Wangari Maathai that the Commission would perpetuatethe culture of impunity which she said was started in Kenya by the earlyexplorers.
"Thecommission itself was not set up to further impunity, and certainly all of theindividuals who have been appointed on the commission do not have thatpurpose," Slye said.
However,he said Maathai and other Kenyan human rights activists have an important roleto play in keeping a close eye not only on the commission but on the Kenyangovernment to make sure they do what the commission was set up to do.
Slyesaid the Kenyan truth commission has a two-year time period within which to doits work.
Hesaid prior to the start of the two-year mandate, the commission has athree-month preparatory period within which it may hire staff, secure officesand prioritize its mandate.
Theforeign members of the Kenyan TJRC were appointed by the Panel of Eminent AfricanPersonalities headed by former UN Secretary General Kofi Annan. The other twomembers are from Zambia and Ethiopia.