Kiplagat back at truth commission

By Wahome Thuku

Embattled Truth, Justice and Reconciliation Commission (TJRC) chairman Bethuel Kiplagat is back in office about a year after he stepped aside to pave way for investigations into his conduct.

Wednesday Kiplagat walked into the TJRC premises in Westlands, Nairobi and took over the office he left in December 2010. He went to Delta House in the morning, walked to the chairman’s office, sat and began reading newspapers, leaving junior staff in a state of confusion.

"I resumed office in the morning and I am back with a bang," said the former diplomat when reached for comment.

Neither the acting chairlady Tecla Namachanja nor any other commissioner was in. Only directors of various departments and other junior employees were present.

Embattled Truth, Justice and Reconciliation Commission (TJRC) chairman Bethuel Kiplagat.Photo:File/Standard

Past Conduct

The move was intended to assert that Kiplagat was still in charge of the commission, which he left when a tribunal was established to investigate his past conduct and fitness to hold the office.

Kiplagat had been a subject of public and media drama and controversy in 2010 when he adamantly refused to resign as TJRC chairman despite intense pressure from the civil society, the international community and even some of the commissioners.

He was accused of having presided over various acts of violation of human rights during his long career in civil service. In particular, he was linked to the infamous Wagalla massacre and the death of former Foreign Affairs Minister Robert Ouko.

Eventually on December 10, 2010, former Chief Justice Evan Gicheru set up a tribunal comprising retired judges Benjamin Kubo, Onesmus Mutungi and serving judge Wanjiru Karanja to investigate the allegations.

Kiplagat stepped aside but he went to the High Court to challenge the intended investigation, saying the law only provided for an inquiry into his conduct while in office as TJRC chairman and not before.

The term of the tribunal expired before the case had been determined and without having received any evidence against Kiplagat.

The new CJ Willy Mutunga did not renew its term.

The High Court thus ruled that with no tribunal in place to investigate Kiplagat, it could not make a decision on the matter. It’s on the basis of that ruling that Kiplagat decided to resume office.