TJRC commissioners lose bid to block Kiplagat's return

Written By:Dzuya Walter,    Posted: Fri, Feb 24, 2012

Embattled TJRC chairman Bethwel Kiplagat The return of Bethuel Kiplagat at the helm of the Truth Justice and Reconciliation Commission edged closer to reality after High Court dismissed a case by its commissioners challenging his return as the commission's chair. TJRC had moved to court seeking orders to restrain its embattled chairman Bethwel Kiplagat from interfering with its work. Through Lawyer Waweru Gatonye, the commission claimed that Kiplagat was disrupting its operations after he reported back to work before getting a formal clearance on allegations leveled against him. However, High Court judge Mohammed Warsame dismissed the suit on grounds that the commission should have sought the opinion and the advice of the Attorney General before instituting the suit. Warsame added that the commission had no powers to question the return of the chairman. Kiplagat stepped aside as chairmanof TJRC in November 2010 to pave way for investigations on allegations of his past conduct. A month later, retired CJ, Evan Gicheru appointed a tribunal to investigate his conduct and the tribunal was supposed to make a report and its recommendations within six months. Meanwhile, a Nairobi chief magistrate's court has issued a warrant of arrest against Tusky supermarket's managing director Steven Mukuha Kamau after he failed to appear before the court to answer to charges of assaulting his brother and co- director of Tusky's supermarket Yusuf Kamau.  The offence is alleged to have been committed on Monday this week at Embakasi Tusky's headquarters. Elsewhere, the court of appeal has acquitted two men who had been sentenced to death on 16th October 2002. The Two, Norman Mieru and Henry Anjili have been in Kamiti for the past 11 years. The High court had found the two guilty of robbery with violence. However, the court of appeal quashed the sentence on grounds that there was no evidence vindicating the two of said crime.