Kiplagat team rocked by fresh quit crisis

The truth commission has spent Sh100 million, even as its future hangs in the balance following the resignation of a commissioner on Monday.

The ministry of Justice said Sh96 million had already been spent by the Truth, Justice and Reconciliation Commission, which is rocked by wrangles over the chairmanship of Mr Bethuel Kiplagat.

Though the commission’s work has started, the commissioners are distracted by protracted debates over the suitability of Mr Kiplagat to lead it.

Communal violence

The TJRC is one of the most crucial efforts aimed at addressing grievances going back to independence and removing the roots of communal violence.

Justice and Constitutional Affairs minister Mutula Kilonzo wants the commission disbanded altogether.

But the role of the ministry in the affairs of the commission came into sharp focus when Ms Betty Murungi, who first resigned as vice-chairperson last month and on Monday as a commissioner, charged that the team lacked the freedom to do its job.

She said forces of impunity and questions over the credibility of its chairman made it difficult for the commission to investigate historical wrongs and reconcile the nation.

Listed among the reasons she gave for resignation was the control the Justice ministry exercises over the TJRC.

“The TJRC does not have the working independence it requires. The Ministry of Justice and Constitutional Affairs exercises a lot of control over the TJRC,” she said.

The control, she said, was more in terms of funding and warned that if Kenyans expected the TJRC to deliver on its mandate, it must be granted financial independence.

“Can you ask the ministry why our CEO has no authority to incur expenditure? The funds are controlled by the ministry,” she said.

Mr Kilonzo welcomed her resignation saying: “That should have happened long time ago and I hope others follow suit. The commission is not giving value to Kenyan taxpayers.”

Commissioners are paid a monthly salary of Sh750,000 and given a car, a driver and body guard, bringing the total cost of each commissioner to nearly Sh1 million a month. The chairman gets more and there are eight commissioners.

Ms Patricia Nyaundi, the TJRC chief executive, said of the Sh100 million received from the government this financial year, a big percentage was used to finance the elders’ conference which falls under the National Cohesion and Integrity Commission.

“Our money is being controlled by the ministry (of Justice). One thing is clear, we are grossly underfunded,” she said. Ms Nyaundi said the commission had asked for Sh500 million in the next financial year, but they have been told they will only get Sh150 million.

As she pushed for financial independence, Ms Murungi also talked of growing concern over what she termed the forces of impunity out to deter the TJRC’s work.

Without elaborating, she said high profile statements that have been made about the TJRC indicate that those who have skeletons in the cupboards were out cripple it.

“I am not elaborating. Just look at statements some people are making. I definitely don’t want to be part of a commission that will whitewash and give excuses for past injustices. I will not be part of that charade,” she said.

The commission has to work hard to regain its credibility, she said, adding that she hoped the request for a tribunal to try Mr Kiplagat that was sent to Chief Justice Evans Gicheru will be granted. The CJ is yet to respond.

The commissioners requested for the tribunal to try Mr Kiplagat on allegations that he served for a long time in the Moi regime which is accused of the violations that the commission will be investigating.