Tuesday, October 26, 2010

The Truth Justice and Reconciliation Commission fighting for survival


The Truth Justice and Reconciliation Commission (TJRC) has been facing tribulations, among them shortage of funds and the resignation of two Commissioners. Writer Vitalis Kimutai spoke to Baringo Central MP Sammy Mwaita, and his Vihiga counterpart Yusuf Chanzu, on whether there was a deliberate attempt by the Government to impair the Commission through inadequate funding.

For : Hon. Sammy Mwaita (Baringo Central MP)

QUESTION: Is the Government sabotaging TJRC through financial starvation?

ANSWER:Yes, powerful people in Government have hatched a plot to sabotage the TJRC because of its leadership. They are against the chairman Ambassador Bethuel Kiplagat. It is a very clearly a calculated move to have the chairman bow to pressure and quit the commission.


Hon. Sammy Mwaita (Baringo Central MP) - Yes

Hon. Yusuf Chanzu (Vihiga MP) - No

Q:In your opinion, do you think the Commission should be provided with more funds to accomplish its mission?

ANSWER: Sufficient funds should be given to the Commission by the Government to enable it execute its mandate. It should not be begging for money from the Treasury and Ministry of Justice and Constitutional Affairs. Let there be fairness.

Q:How do you rate the performance of the TJRC since its inception, has it been satisfactory?

ANSWER: They have done very well so far, they have gone round the country listening to the people, they have employed statement takers from victims of historical injustices and even employed some of the victims in its various programmes. They still have a long way to go, but under the prevailing circumstances, they have done their best.

Q:Former UN Secretary General Dr Kofi Annan has added his voice to tribulations facing the Commission and asked the coalition Government to address them speedily. Comment.

ANSWER: Dr Koffi Annan hit the nail on the head on the issue. The two Principals — President Mwai Kibaki and Prime Minister Raila Odinga ought to ensure that TJRC is functioning without political pressure and interference.Kenyans should also support the Commission.

Q: Prof Ronald Slye's and Betty Murungi have both quit the TJRC. Do you agree with reasons for their quitting, among them the Commission's credibility?

ANSWER: I personally do not agree with the reasons they have given for stepping aside. There are powerful forces working behind the scenes to ensure that the chairman (Kiplagat) is isolated and forced to quit as they wanted to use the Commission to fix some people and communities for political expediency. It is worth noting that the TJRC is an alternative to the International Criminal Court (ICC) in the local setting.

Q: Should the two Commissioners be replaced?

ANSWER: There are very many Kenyans who are competent and willing to work in the commission and help the society reconcile with the past. They should be replaced immediately so as to enable the set programmes by the Commission to be fulfilled without problems within the set timelines.

Against Hon. Yusuf Chanzu (Vihiga MP)

QUESTION: Is the TJRC being sabotaged by the Government by being starved financially?

ANSWER: No. I do not think the Government has any reason to deny the Commission funding when it has such a noble mandate to execute for the good of the country. The Commission should not be sabotaged by anyone in or out of Government.

Q:In your opinion, do you think the Commission should be provided with more funds to accomplish its mission?

ANSWER:The Commission should be supported until it completes its work. The Justice Ministry should ensure that it liases with the Treasury to have funds flow without a hitch. Both Mutula (Kilonzo) and the Commissioners have to be seen guiding the process forward and bring to an end the differences that threaten to stall the commission's work.

Q: How do you rate the performance of the TJRC since its inception, has it been satisfactory?

ANSWER:The Commission has failed to deliver in its mandate. For me, besides the endless squabbles which have played out in the media, the Commissioners have done literally nothing since they were appointed to their positions. The Commissioner should hit the road running and deliver in their mandate as the country needs results.

Q: Former UN Secretary General Dr Kofi Annan has added his voice to tribulations facing the Commission and asked the coalition Government to address speedily. Comment.

ANSWER:I fully agree with Dr Annan on the issue as that is the only way the country should go. The Government and especially President Mwai kibaki and Prime Minister Raila Odinga needs to heed the advice and enable the process to move forward.

5… Prof Ronald Slye's and Betty Murungi have both quit the TJRC. Do you agree with reasons for their quitting, among them the Commission's credibility?

ANSWER: The two Commissioners have done the right thing by quiting the commission. There is no reason one should hang on to a job where things are not working as it should. Why do you earn tax payers money by sitting idle or only squabbling? I also agree that there is a credibility problem with the commission that should be sorted out as a matter of priority.

Q: Should the two Commissioners be replaced?

ANSWER: Commissioners who have left should be replaced immediately so that the Commission's work is not scuttled. We should not allow a vacuum to emerge in the TJRC.

Source: The Standard | Online Edition

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