Kenya truth body commissioner resigns

The Truth Justice and Reconciliation Commission has been dealt a blow following the resignation of one of its commissioners.

Professor Ronald Slye resigned Thursday citing lack of support from government and the unresolved allegations against chairman Bethuel Kiplagat.

"I have lost my faith in the Commission’s ability to fulfill even a small part of its mandate. 

"That loss of faith comes not from the work of the staff of the Commission – highly dedicated individuals who have worked under extremely trying circumstances to move the work of the Commission forward – but from the clear lack of support from the Government of Kenya and from the still-unresolved allegations against the Chairman of the Commission," he said.

The resignation takes effect on November 1.

Commission Secretary and CEO Patricia Nyaundi confirmed Prof Slye’s move.

"Yes, there are challenges facing the Commission but these are resolvable if there is political goodwill. These include funding, controversy around the Chairperson Ambassador Kiplagat’s credibility.

"We urge the two Principals to move with haste and provide the Commission with the necessary support to enable it fulfil its mandate," she said.

She said the Commission was carrying on with its work.

"The statement taking process continues countrywide, demonstrating that Kenyans have issues they wished to see addressed. So far 5,000 statements have been recorded in the exercise which ends in January 2011," Ms Nyaundi said.

Prof Slye, who is a Professor of Law at the Seattle University School of Law, and an Honorary Professor of the University of the Witwatersrand, becomes the second commissioner to leave the truth body after Betty Murungi resigned in April. She had earlier stepped down as vice chair.

“I have been willing to remain with the Commission so long as I felt that I could make a meaningful contribution to the work of the Commission and, more importantly, the general project of furthering truth, justice, and reconciliation in Kenya.  I no longer feel that my continued stay at the Commission contributes effectively to either,” Prof Slye said.

He regretted that no action has been taken six months since eight Commissioners of the TJRC petitioned the Chief Justice requesting that he constitute a Tribunal, pursuant to Article 17 of the enabling legislation, to assess allegations raised against Mr Kiplagat. 

Prof Syle termed the CJ’s response that he was waiting to hear from the Attorney General on the matter unusual.

He said a delay of six months or more on an issue so central to the Commission’s credibility and integrity “is extremely damaging". 

Major civil society organisations, he said, have formally decided not to cooperate with the Commission while majority of foreign donors have refused to provide the Commission with financial or other support unless and until the issues around Mr Kiplagat have been addressed. 

The government has further offered to only provide 15 percent of the Commission’s budget, which could scuttle its operations soon.

He took issue with Mr Kiplagat’s conflicting statements on the 1984 Wagalla massacre, which he is accused of involvement and his pre-judgement that the government could not have planned the massacre.

“I fear that under the leadership of a person that has already prejudged the issue of Government involvement, the Commission will have a difficult time discovering the truth of this and the many other human rights violations that were allegedly committed either by the Government or with Government support, knowledge, or complicity,” Prof Slye said. 

He doubted that the Commission will be able to make any meaningful headway on fulfilling its mandate in the remaining time and hoped that “something will be done quickly to address the problems plaguing the Commission".

Without issues facing the commission being addressed urgently, “the Commission will continue to be seriously hindered, and its report and recommendations, no matter how well supported and reasoned, will forever be tarnished by that failure".

The mandate of the TJRC is to inquire into human rights violations including those committed by the state, groups or individuals. It includes but is not limited to politically motivated violence, assassinations, community displacements, settlements and evictions.