Forgotten Ones: Victims of Historical Injustices

The thesis of this paper is that the law can be a useful tool for the compensation of the victims of historical injustices. This is because it offers an opportunity for availing a wide variety of remedies to victims. Although there have been several attempts to help victims of historical injustices, nevertheless they have failed because they have not been anchored in the law. Absence of a legal basis for remedies is critical. This is because it has left the victims of historical injustices at the mercy of politicians. This paper uses a secondary research approach which focuses on qualitative data. It allows comparison of different research results to reach a conclusion. An ethical issue in this research is potential stirring up of tensions since some of the victims have fresh memories and trauma.<br><br>Historical injustices discussed in the paper will be drawn from the Truth, Justice, and Reconciliation (TJRC) Report Volume 4. This includes women, minorities, and other indigenous groups that have faced violence and disenfranchisement over the years. Memorializing historical injustices keeps alive demand for addressing underlying issues that caused the events as well as finding compensation for victims. The paper will review structural changes needed to implement the TJRC report. It recommends a multi-stakeholder approach to find sustainable solutions to factors that caused historical injustices. The paper will highlight political issues that have hindered compensation of victims. It will review how other countries have dealt with historical injustices to find out lessons that can be drawn. It also looks into how they can be implemented within the Kenyan context.