Truth team fights for survival

Ndung’u Wainaina of the International Centre for Policy and Conflict asked: “How can a credible and legitimate TJRC, as it purports to be, be engaging in clandestine activities of applying divide and co-opt?”

But on Saturday Fida-Kenya’s executive director sought to clarify the organisation’s engagement with TJRC as being based on an interim position awaiting the decision of its members’ meeting before the end of this month.

“Since the ministry of Justice has not disbanded the commission, and the chairman has not resigned, we have chosen to monitor its work to see what it has for women.

We would want to know if it will give women a voice. We have attended some meetings with them (TJRC) and there are a lot of things we don’t agree with,” Ms Maingi said in a telephone interview.

So far, TJRC has remained calm under pressure. But it appears the storm isn’t over yet. The civil society organisations that want its scalp are planning to set up a parallel truth body.

The People’s Truth-Seeking Tribunal is modelled on the People’s Commission of Kenya formed by the Ufungamano Initiative in 1999 to challenge the legitimacy of the constitution review process fronted by Kanu.

Among the names that have so far been floated as possible commissioners are Bishop Cornelius Korir of the Eldoret Catholic Diocese, retired Anglican Archbishop David Gitari and Prof Yash Pal Ghai, the law scholar who chaired the Constitution of Kenya Review Commission in 2005.

Still, President Kibaki might have unwittingly thrown a spanner in the works for the TJRC on Wednesday after he refused to assent to the Indemnity (Repeal) Act.

The Act sought to change the 1970 law which restricts claims for compensation or indemnity in court or tribunal arising from acts committed by public officials or members of the armed forces in North Eastern Province, Marsabit, Isiolo, Tana River and Lamu during the 1963-67 Shifta war.

Nominated MP Mohamed Affey, who brought the Bill to Parliament, argued that the law would make it difficult for residents of these areas to appear before TJRC.