Kenya National Commission on Human
Rights chairperson nominee Claris Ogangah has admitted the victims compensation
committee encroached on the mandate of the commission, even as she downplays any
potential rift.
Appearing before the National
Assembly’s Justice and Legal Affairs Committee (JLAC), she acknowledged
that the compensation committee has usurped some roles of the commission.
The nominee vowed to guard against
any attempt to erode the mandate of KNCHR if confirmed to the position that
fell vacant following the death former chairperson Roseline Odede.
“A bit of the mandate of the
task force is encroaching on the mandate of the commission, when I look at their
time of their terms of reference I did not clearly get where they got their mandate
from,” Ogangah said.
“It looks like one of those
executive orders that come from the Executive. While I hope that this is not
going to be the practice, when I get to be chair I will ensure no one encroaches on the mandate of the commission.”
President William Ruto this week
gazetted a panel of experts headed by his constitutional adviser and renowned
legal scholar Makau Mutua to oversee the compensation of victims of demonstrations
and public interests.
Makau is deputised by Law Society of Kenya president Faith Odhiambo, and has Kennedy Ogeto, Irungu Houghton, John Olukuru, Rev (Fr)
Kennedy Simiyu and Linda
Musumba as members.
The team also has university don Duncan Ojwang’, Naini Lankas, Francis Muraya, Juliet Chepkemei, Pius Metto, Fatuma Abass, and Raphael
Anampiu.
Ogangah was, however, quick to clarify
that being that the committee has a limited period they will work together to
ensure Kenyans get justice.
“While some of the mandate overlaps
with that of the commission, they will still work with the commission,”Ogangah.
“When I am the chair, I will ensure
that whatever touches on the mandate of the commission will be protected
jealously because that is how commissions are weakened.”
The nominee, who declared her net
worth at Sh300 million, also pledged to restore the commission’s central role.
“One area the commission has not
done well is communication on the small everyday issues. I will look at the
human rights wholesomely,” she said.
The committee, chaired by Tharaka MP
George Murugara, also conducted approval hearings for the Registrar of Political
Parties (RPP) chairman nominee John Lorionokou and assistant RPP Agatha Wahome.
The RPP nominees were confronted
with the Nadco proposal that seeks to among other things scrap the Office of
the Registrar of Political Parties.
Instead, the Bill intends to replace
it with an independent agency—Political Parties Regulatory Commission.
Lorionokou expressed opposition to the clause, saying RPP should be
strengthened instead.
“My take is that if it is working, why do you want to fix it? It is
important to strengthen the office [RPP],” he said.
Lorionokou declared her net worth at Sh50 million, while Wahome’s net
worth stands at Sh103 million.
The committee is expected to make
its recommendations to Parliament considerations when MPs returns from recess
on September 22.
“The House will consider you when we
resume from recess,” Murugara said.
INSTANT ANALYSIS
The admission and firm pledge by KNCHR nominee signal
potential friction between the KNCHR and the Executive, should Parliament
confirm her nomination. For many human
rights defenders, however, the promise offers a glimmer of hope that the
commission could be restored to the fearless watchdog role it once played.
