References: There is no ombudsman in the western tradition. However, Kenyan civil society has undertaken this task with varying degrees of success. The Kenya National Commission of Human Rights (KNCHR) Act (2002) has been quite aggressive in campaigning against misuse of authority than had been done in an ad hoc manner by private/civil society entities. KNCHR has argued that its coverage of matters that are not narrowly in the human rights domain is justified because, for example, the mismanagement of public funds reduces the resources with which the government can ensure the rights to education, health, etc., of society's poorest. See [ LINK ]

More recently, the potential of civil society was illustrated by its campaign to block the President's signing into law of a provision in the Media Act that journalists would have to disclose their sources of information.

Peer Review Comments: The Kenya National Commission on Human Rights has been good in this self-appointed role, doing commendable research and communicating widely the misuse of government resources, especially vehicles. It has calculated the opportunity cost of such misuse and made good comparisons with other countries on the disparities between the use of luxury cars, which the government has been particularly keen to acquire.

References: KNCHR is assumed to be performing the functions of an ombudsman (alongside other agencies with which it has collaborated, such as the Kenya Human Rights Commission and the Kenya Land Alliance). By law the agency is not subject to the direction or control of any other person or authority, and it is endowed with the powers of a court of law to investigate any allegations of abuse of power. It is significant for the commission's independence that its budget resources are ratified by Parliament and come directly from the Consolidated Fund rather than through a particular ministry, which could be used to arm-twist the agency if desired.

References: KNCHR Act, Section 18 [ LINK ]

References: Assuming that KNCHR is the nearest institution to an ombudsman, the agency does operate relatively independently, certainly under its current chairman. This has been in evidence during a year in which he has continued to investigate Government excesses in spite of the persisting threat to prosecute him on abuse of office on matters that have been cleared by the Auditor General. Most recently, KNCHR has produced a report indicting the police of the extra-judicial killing of 500 youths alleged to belong to a dreaded vigilante group, the Mungiki. See [ LINK ]

References: Removal of the KNCHR chair and commissioners requires the Chief Justice to appoint and gazette a tribunal. The eventual removal must be gazetted by the president. These provisions have yet to be tested.

References: KNCHR Act, Section 11

References: KNCHR has a chair and five commissioners. Since the Commission is fully funded, one imagines it is also fully staffed. However, the Commission has given its mandate a broad interpretation and might occasionally experience personnel constraints, resulting in contracted work.

References: There has been some grumbling over the appointments of the first two slates of KNCHR commissioners. Parliament selects 12 candidates from applications received from the public, and the president appoints the final nine commissioners. Some feel the commissioners do not reflect the law's requirement that final appointments reflect "Kenya's ethnic, geographical, cultural, political, social and economic diversity and ... gender equity." However, some observers have argued that the provision for commissioners is too small to facilitate the diversity required by the law or Kenya often ethnically driven desire for diversity. But the current management of the Commission seem to be fairly independent.

References: Section 26 of the KNCHR Act provides that its funds be approved by Parliament and drawn from the Consolidated Fund. The law further permits the agency to receive grants and donations "from any other source." There has never been any indication that the agency is resource constrained.

References: KNCHR Act, Section 26

References: Its reports are published promptly in the national media and are also available at [ LINK ]

References: Section 16 of the KNCHR Act provides that its mission includes investigation of violation of any human rights and visiting prisons and jails with a view to assessing and inspecting the conditions. To achieve its mission, the Commission will conduct:

Investigations and provide redress. Research and monitoring on compliance of human rights norms and standards. Human rights education and training. Campaigns, advocacy, and collaboration with other stakeholders

References: On completion of investigations, KNCHR may recommend that the attorney general prosecute or that some other relevant agency take appropriate action. Alternatively, KNCHR can initiate its own prosecution. In one instance, KNHCR has sued the Kenya Police for denying it access to some police stations across the country. However, not all of its recommendations are acted upon

References: KNCHR Act, Section 25

Peer Review Comments: Yes, I agree, but the thorny issue is whether the recommendations are effected to the letter.

Peer Review Comments: For all its work, I do not believe anyone abusing their power is in fear of the Kenya National Commission on Human Rights taking action against them. KNCHR has yet to carry out any high-profile prosecutions, and it seems the most it can do is name and shame. But over the years the government has grown very thick-skinned, and it is not very moved by the reports.

References: There is no evidence that the government specifically acts on KNHCR's findings. The various reports that the agency has produced have often stepped on the toes of high people in government, such as land grabbers or misappropriators of public resources. The Commission's recent report on extra-judicial killings will hardly have endeared it - or its chair - to a government which insists it abides by the rule of law. Indeed, action on the report's recommendations would require resignation or sacking of the abrasive Internal Security minister and his police commissioner.

Peer Review Comments: The government has never shown any serious inclination to act on reports by the Kenya National Commission on Human Rights, and some in the government are hostile to it.

References: It is reasonable to assume the Commission acts promptly - personnel resources permitting. Indeed, were this not the case, it would have provided the Justice minister with further ammunition in her crusade against the Commission chair. In any case, the media and civil society have raised no questions about the Commission's performance vis a vis its mandate, as they have done about the lethargic KACC.

References: These reports are available on the Commission Web site. The Commission also disseminates a lot of educational material in the performance of its duties.

References: The reports are often available promptly.

References: Commission reports are availed free of charge as long as they remain in print. Thereafter, they can be found on the Web site which is however not widely accessed by Kenyans.