THE COMMISSIONS OF INQUIRIES: THE GOVERNMENT MUST ACT IN GOOD FAITH AND RELEASE THESE REPORTS: BY: MUNGAI

Since time memorial, Kenya is known for it’s way of dealing with hot issues at hand and how it wants to discard these issues.  These are further been complicated by our delicate political system, which sometimes takes a tribalistic angle.  These are considered as live wires as you have to tread careful to avoid being electrified, as you must try to appease each an every party.

 

Any issue that crops up, not considering its magnitude and perception, and as per the Kenya tradition of dealing with issues, the tribe factor is fronted.  Even if it’s a corruption case, the first prescription that’s been administered in the public opinion courts is that the ruling class is harassing our tribe.

 

With these counter – accusations, and bearing in mind that corruption also fights back, it creates a major hurdle, which hampers proper investigation.  If it sees the light of the day, what awaits it, is a very tedious and tiresome court processes.

 

So, the better option that’s left is the formation of commissions of inquires to unravel the truths.  This commissions are constituted by the institution of the presidency, whom the power to initiate them are vested.

 

According to the constitution, the president has the authority to constitute and commission an inquiry to investigate something.

 

But, it seems we Kenyans have a record for the formation of commission of inquiries.  Since we gained independence, we have formed more commissions than required, form mysterious assassinations, to fraudulent scandals, and many others.

 

Take for instance, those that we have formed since the start of this year when the violence broke out.  There has been three commissions that have been formed plus the parliamentary ones.  These commissions have inter-crossed their mandates and it almost confusing to clear which one mandate to look into what.

 

For instance, there’s the Kriegler commission, which is been headed by the South African, retired judge, Joann Kriegler and other commissioners.  This commission is mandated to look at the flaws that occurred at the last year’s general election.  In their mandate, they are also required to collect evidence from the public or interrogate the institutions, which were linked to the flaws.  After the collection of concrete evidence, they must compile the report accompanied by any necessary recommendation that needs to be adhered to, to avert the kind of occurrence that occurred in the near future.

 

The other commission is the Waki commission, which is been headed by the High Court Judge, Phillip Waki.  It has been mandated to look into the violence and it causes which erupted in the country after the general election.  In their mandate, they also have to unravel the masterminds and the perpetrators who were behind these ogry and heinous acts, where more than 1000 people were killed, while thousands were displaced.  After that they must compile a report for submission with recommendations and give direction for the appropriate action to be taken for the next course of action, so as to aver the kind of violence that we witnessed.

 

The third one is the cockar commission, which is been headed by the retired judge, Majid Cockar.  This commission was constituted after the sale of the hotu, Grand Regency, which was at the Centre of controversy by the Government and businessman, Kamlesh Pattni.  The commission’s mandate is to unravel whether proper lay down procedures were followed when the hotel was disposed off to the Libyan investors.  The saga forced the former finance minister, Amos Kimuya, who was on the spot, to step aside, to facilitate proper investigation, after he couldn’t contain the intense pressure that was exacted.

 

But, the funny side of these commissions is that despite being funded by the public funds, on single report have been released to the public.  The recommendation that accompanies these reports hasn’t been acted upon.  Sometimes, it seems like our failures to act on these recommendations haunts us in the future.  These reports are only gathering dusts in Government office shelves.

 

But, must the government form these commissions whereas it doesn’t act on any recommendation of these reports? Does the Govt of the day, acts on good faith not to release these reports be they good or bad?

 

Despite been heavily funded from the public coffers, the contents of the reports goes to waste for we conclude that it one way of attempting to conceal truth from the public.


pixelstats trackingpixel

You can leave a response, or trackback from your own site.

Leave a Reply

Powered by WordPress
Flag Counter
Wordpress SEO Plugin by SEOPressor