The truth commission is unlikely to fulfil even a small part of mandate

I am resigning from the Truth Justice and Reconciliation Commission. I have lost my faith in the commission’s ability to fulfil even a small part of its mandate.

That loss of faith comes not from the work of the staff of the commission, but from the clear lack of support from the government of Kenya and from the still-unresolved allegations against the chairman of the commission.

I have been willing to remain with the commission so long as I felt that I could make a meaningful contribution to its work 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.

Six months ago, eight commissioners of the TJRC petitioned the Chief Justice, requesting that he constitute a tribunal to assess allegations that have been raised against our chairman.

Five months later, three civil society organisations wrote to the Chief Justice asking about the status of our petition, and urging him to act upon it.

The Chief Justice responded to them, and copied us, indicating that he was waiting to hear from the Attorney General on the matter, which is unusual as the Attorney General has no formal role under the Act and is not a member of the independent judiciary.

The commission has to date not received any formal response to our petition. Given that we have barely a year left to fulfil our mandate, a delay of six months or more on an issue so central to the commission’s credibility and integrity is extremely damaging.

First, major civil society organisations have formally decided not to cooperate with the commission.

This is particularly problematic as some of those organisations have access to witnesses, documents, analyses, and other information that would assist the commission in its investigations.

Second, the vast majority of foreign donors we have approached have refused to provide the commission with financial or other support unless and until the issues around our chairman have been addressed.

Third, the government has agreed to provide the commission with only 15 per cent of its requested budget. Without additional financial support the commission will be operating at a deficit in a matter of weeks.

Fourth, the failure to deal with the issues raised about our chairman has led to a leadership vacuum within the commission, and increased tensions among commissioners.

It has been alleged that the chairman is somehow linked to the Wagalla massacre.

After six months of waiting for the credibility issues around the chairman to be resolved, and in the face of minimal financial and other support from the government, donors, and civil society, my confidence that the commission will be able to make any meaningful headway on fulfilling its mandate is diminishing.

The chairman’s evolving position on his alleged link to the Wagalla massacre further lessens my confidence.

It is for this reason that I announce here my intention to resign from the TJRC. I do not take this decision lightly. I uprooted myself from my home country, my home, my family, friends, and loved ones to come to work on this commission.

I have done so at considerable sacrifice, both personal and financial. Up until now I have believed that while the commission was not and could not be perfect, that it, and therefore I, could contribute meaningfully to the overall process of truth, justice and reconciliation in Kenya as part of the Agenda Four reforms.

For the sake of the country, I do hope that something will be done to address the problems plaguing the commission.

Even if those issues are addressed, it is by no means certain that the commission will be able to fulfil even a small part of its mandate, given the limited time and resources available.

It is clear to me, however, that without those issues being addressed in a timely fashion, 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.

Prof Slye is a professor at the Seattle University School of Law, and an honorary professor of the University of the Witwatersrand. For 15 months, he served as one of the international commissioners on the TJRC. The views expressed here are entirely his own.