Oliver Mathenge
20 August 2008
Nairobi — The Kenya National Commission on Human Rights was put on the spot on Wednesday over the credibility of a report tabled before the commission of inquiry into post-election violence.
Lawyers questioned KNCHR chairperson Florence Jaoko on the report's credibility, accusing the State-funded organisation of doctoring it.
Commission chairman Phillip Waki was on several occasions forced to intervene as heated arguments erupted between Ms Jaoko and one of the lawyers, who insisted that KNCHR should table all the reports in its possession.
Lawyer Mbuthi Gathenji said KNCHR had, in its possession, a report dated July 2008 that should be tabled.
Several drafts
Ms Jaoko said that no other report would be tabled as her organisation had submitted its final report. She admitted, however, that KNCHR had several drafts.
"I can tell you that we have very many other reports as this was a process, but we have already presented our final report to this commission," she said.
Mr Justice Waki defended her, saying that the commission was "not a dumping ground for all manner of reports". He also said that lawyers questioning the document could use other forums to access the said documents.
"This is a statutory body and you can put them to task to produce the report," said Mr Justice Waki.
Lawyer Ahmednassir Abdullahi, for the National Security Intelligence Service (NSIS), raised temperatures moments later when he asked Ms Jaoko to confirm that KNCHR had a report with 111 more paragraphs than the one tabled.
The lawyer said although both reports were dated August 2008, the one presented to the commission had a specific date, August 15.
"Is it not true, then, that you have doctored the report and you are hiding something and could it also be that you are not comfortable with the report?" he asked.
Ms Jaoko declared that she had no apologies to make for the document and would stand by it.
The NSIS lawyer also demanded to know why KNCHR had failed to invite those named in the report to appear before it and defend themselves. He accused the rights watchdog of subverting the rules of natural justice and fairness.
KNCHR presented a report on Tuesday containing a list of more than 200 alleged perpetrators of the violence that led to the deaths of about 1,500 people and the displacement of over 350,000 others.
Among those in the list are 20 MPs, including seven ministers.
Also mentioned are senior Government and security officials, businesspeople, provincial administrators, politicians, religious leaders and several radio stations.
Ms Jaoko said some of those named were asked to appear before the rights body. She rights chief was expected to shed more light on the list in a private hearing with commissioners yesterday afternoon.
On August 8, the KNCHR released a 159-page preliminary report to the media that left out the list of alleged perpetrators of violence.
Several other reports containing the names are said to have leaked. The report presented to the commission is titled On the Brink of the Precipice.
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