KIPLAGAT SAYS NO

Truth Justice and Reconciliation Commission chairman Bethuel Kiplagat says he will not quit until a tribunal is appointed to look into his past.

A defiant Kiplagat stuck to office on Tuesday, distancing himself from a resolution by commissioners that he steps aside to allow for investigation.

The commission wrote to Justice Minister Mutula Kilonzo to request the Chief Justice to institute a tribunal to probe Kiplagat’s past on issues that have thrown the credibility of the TJRC into a spin.

Civil society groups have questioned the chairman’s credibility, alleging he was irregularly allocated land in Lavington, Kileleshwa, and Uasin Gishu District.

Also cited is that fact that he was Foreign Affairs PS when minister Robert Ouko was assassinated.

Kiplagat is also accused of serving in government in 1984 when the Wagalla Massacre occurred.

Addressing the media at the commission headquarter at Delta House, Kiplagat said they agreed "an external process (a tribunal)" should be in place to conclude the matter.

Step aside

He, however, vowed to stay on, awaiting the tribunal. This position, however, contradicted a letter to Mutula, which said the chairman had agreed to step aside.

The letter, signed by the nine commissioners, calls on Mutula to facilitate the establishment of a tribunal.

"We are writing this letter to request you, in accordance with section 17(2) of the TJRC Act 2008 (as amended), to formally request the Chief Justice to constitute a tribunal to enquire into the allegations against our chairman Bethuel Kiplagat, raising issues about his qualification to serve as member and chairman of the commission," reads the letter.

Mutula said he had received the letter but rejected it.

"I have received the letter from TJRC commissioners but it is sent to then wrong person. I advise them to consult their lawyers to tell them the right office to send it," said the minister. Though Kiplagat said he would remain in office until the tribunal is set up, the letter points out the resignation is immediate.

"We write to request this tribunal so that the commission may move forward with its work. With that aim in mind, our chairman has graciously agreed to step aside temporarily until the tribunal process has reached its conclusion," reads the letter, also signed by Kiplagat.

But at the press conference on Tuesday, the commissioners appeared to falter and instead agreed with Kiplagat’s position.

"All commissioners have agreed that the chairman will step down once the tribunal is established," said commissioner Berhanu Dinka, an Ethiopian. The basis of the letter to Mutula is allegations Kiplagat "may be involved, implicated, linked or associated with human rights violations".

But on Tuesday, Kiplagat claimed innocence, saying he has documents to defend himself.

"I want to clear my name. If there is anyone willing to take the matter to court, I am prepared to defend myself," said Kiplagat.

Former Kabete MP Paul Muite said Kiplagat’s acceptance that a tribunal probes him is enough testimony to his unsuitability.

In Parliament, Assistant Justice Minister William Cheptumo asked Kenyans with complaints against Kiplagat to write to the ministry.

But he said Kiplagat could only be impeached on the recommendation of a presidential inquest.

Ikolomani MP Bonny Khalwale tabled papers alleging the chairman’s past misdeeds, including misuse of public money when Kiplagat mediated the Somalia peace process.

At the same time, civil society groups demanded an overhaul of the TJRC. Njeri Kabeberi, executive director of Centre for Multiparty Democracy and Ndung’u Wainaina of the International Center for Policy and Conflict challenged the team to quit.

"It is incredible commissioners and staff claiming to respect and uphold dearly the principles of accountability and human rights can afford to act in impunity by continuing to serve a discredited TJRC," they said.