Tuesday, April 12, 2011

Probe against Kiplagat to continue

Written By:Sylvester Ruto ,    Posted: Tue, Apr 12, 2011

Kiplagat had filed an application seeking to block the tribunal from investigating him.
Investigations into the conduct of former Truth, Justice and Reconciliation Commission Chairman Bethuel Kiplagat will proceed after a tribunal led by Justice Onesmus Mutungi dismissed an application challenging its jurisdiction.
The tribunal ruled Tuesday that Kiplagat's application was defective and incompetent.
Justice Mutungi informed Kiplagat's lawyer McCourt Kevin that the tribunal will commence hearing on the matter on April 27th.
McCourt demanded that he be furnished with witness statements as required by the rules governing the tribunal.
Kiplagat had filed an application seeking to block the tribunal from investigating him on grounds that it lacked powers to probe his past since the TJRC Act under which he was appointed head of the Truth Commission had found him suitable after thorough vetting by parliament.
The tribunal was appointed to investigate him after pressure from the civil society and wrangles at the commission intensified over his perceived role in human rights violation by the government during the past regime.
He was foreign affairs Permanent Secretary when his former boss Robert Ouko disappeared and was later found dead.
Tuesday's ruling comes as the tribunal faces a race against time to complete its mandate.
The gazette notice establishing the tribunal gave it six months from the effective date, October 21, last year, to accomplish its mandate meaning it has upto April 21 to hand in its report.
With only 9 days before its mandate lapses, the tribunal is yet to receive any witnesses to testify against Kiplagat's suitability for the job.

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