Task forces become excuses for govt to escape problems

Some of the commissions that gained popularity include the Waki Commission, which looked into the post-election violence constituted in 2007, the Akiwumi Commission constituted in 1998 to investigate tribal clashes that occurred in various parts of Kenya since 1991 and Truth Justice and Reconciliation Commission (TJRC) to investigate the gross human rights violations and other historical injustices in Kenya between December 12, 1963 and February 28, 2008.

Others include the Goldenberg inquiry, Ouko inquiry, Ndung’u inquiry as well as Professor Douglas Odhiambo-led task force on re-alignment of the education sector. There was a task force on devolved government, task force on State Corporations Advisory Committee (SCAC) and Presidential Working Party on Education Reforms (PWPER) task force.

There was also task force on review of the legal and regulatory framework governing religious organizations and the most recent, task force on forensic audit of public debt, which the court suspended a week ago.

When President William Ruto established the task force to audit public debt earlier this month, the Law Society of Kenya (LSK) was among organisations that said it was unconstitutional, arguing that mandate rested in the office of the auditor general.

Former National Council of Churches of Kenya (NCCK) Secretary General, Rev Mutava Musyimi yesterday said he has only chaired one task force (Shakahola) and the last one he was involved in was 20 years ago after the late retired President Mwai Kibaki soon after took office.

Ruto appointed Musyimi to lead the task force to review the legal and regulatory framework governing religious organizations after the Shakahola massacre that left hundreds dead last year.

Some religious organisations, however, opposed the task force saying that they can regulate themselves since there are already laws in place to guide their practice. The Musyimi-led team, however did its work and submitted the report to the President for action.

Musyimi said that at this point, he cannot delve into details. “I have only chaired the Shakahola one and there is positive movement on this, but I cannot say more at this stage. This is a very sensitive report, it is not an easy subject,” said Musyimi.

On his part, constitutional lawyer and politician, Ekuru Aukot believes that task forces in the country are diversionary and an excuse not to fix the problem.

Aukot raised questions on what the previous task forces have been able to accomplish, citing the National Dialogue Committee (Nadco) talks, which, according to him has not achieved much.

“What is the task force supposed to do because if you look at them; task forces and commissions of inquiry are just used as an opportunity to evade fixing the problem. Take for example, the Akiwumi commission, the Ndung’u commission on irregular allocation of land, the Waki, Kriegler and all that, the government of the day when cornered, will introduce the idea of a task force so that it can divert people’s attention from the real problem,” he said.

According to Aukot, task forces barely serve any purpose and termed it as an excuse for government to avoid being held accountable on its actions or decisions.

“They are unnecessary because then we are saying the offices that we are currently funding are incapable of doing their work. For instance, why do you need a task force to audit our national debt when we have the Auditor Generals, Controller of Budget, the Treasury and even the Office of the President itself,” he stated.

Furthery, Aukot said there are heavy cost implication for task forces since the tax payers money is used, which would possibly be put to other critical areas.

Another lawyer, Dudley Ochiel said that task force reports are meant to quell public anger, use public funds and buy time over a specific area of interest.

“They are meant to co-opt, quell public anger, buy time and then the reports are shelved. There are so many reports but the courts said that the power to form commissions of inquiry is unlawful. These reports just gather dust,” said Ochiel.

He explained that there are constitutional commissions which should look into matters raised by the public. 

“The constitutional commission should do their work, for instance if it is land issues there is National Land Commission and so many others,” Ochiel noted.