Ruto’s KNCHR pick admits compensation committee encroaches commission's mandate

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.