KIPLAGAT STATEMENT

News Release


For Immediate Release

13th April 2010
TRUTH JUSTICE AND RECONCILIATION COMMISSION CHAIR OPTS FOR TRIBUNAL
The Chairperson of the Truth Justice and Reconciliation Commission, Ambassador Bethuel Kiplagat has agreed to step aside to allow for the constitution of a tribunal of inquiry into allegations against him.

The decision was reached unanimously at a meeting of the Commission held yesterday 12th April 2010.
In a signed communication to the Minister for Justice, National Cohesion and Constitutional Affairs, Mutula Kilonzo, the Commissioners formally requested him to ask the Chief Justice to constitute a tribunal to specifically inquire into allegations touching upon the Chair in the following areas of concern: illegal or irregular acquisition of land, the assassination of the Foreign Affairs Minister Robert Ouko and the Wagalla massacre.

The Commission relied on sections 17 and 10 of the Truth Justice and Reconciliation Act, 2008 in reaching its decision.
The Vice Chairperson Ms Tecla Namachanja shall be Acting the Chair pending the outcome of the process.
At a news conference today all the Commissioners commended Ambassador Kiplagat for consenting to the tribunal saying it was a mark of his leadership in putting the interest of the people of Kenya and that of the Commission above personal interest.
End.

Notes to Editors

The TJRC Act sets forth the following process for the establishment of a tribunal with respect to the qualifications of the Chairman or a Commissioner.
1. The President has the power to remove a Commissioner

2. The President may only decide whether to remove a Commissioner after a tribunal of three judges, established by the Chief Justice, makes a recommendation with respect to whether such a Commissioner should be removed.

3. It is the considered opinion of the Commission that any person may request such a tribunal.

4. The Act provides in Section 3 that the Commission is capable of “doing or performing all other things or acts for the furtherance of the provisions of this Act, which may be lawfully done or performed by a body corporate.”

5. Accordingly all nine Commissioners have unanimously requested that the Minister for Justice himself request the Chief Justice to establish such a tribunal.