TJRC: Kiplagat won't say a word on meeting with Kibaki

By Beauttah Omanga

Embattled Truth Commission Chairman Bethuel Kiplagat kept his staff and commissioners guessing as to his next move for the better part of the day after a meeting with President Kibaki.

Kiplagat arrived at Harambee House in the afternoon as his tenure at the helm of the Truth, Justice and Reconciliation Commission (TJRC) continued to undergo serious credibility jolts. Sources revealed Kiplagat could have gone to Harambee House to inform the President, his appointing authority, of his intention to step aside. We could not, however, establish what the two discussed, as there was no communication after the consultations.
Truth Justice and Reconciliation Commission Chairman Bethwel Kiplagat’s credibility has been questioned. The 72-hour ultimatum a parliamentary committee issued for the commission to put its house in order has expired. [PHOTO: ANDREW KILONZI/STANDARD]

Even as Kiplagat kept all and sundry guessing, the CJ formally gazetted the appointment of the tribunal. Justice Evan Gicheru confirmed the appointment of three former judges, William Shirley Deverell, Justice Benjamin Kubo and Justice Onesmus Mutungi to the tribunal.

At the TJRC offices, sources said the chairman had summoned all the seven commissioners to an urgent morning consultative meeting but up to 4 pm he had not shown up. "We are still waiting for the chairman since he informed us he will have a personal statement to make before us," said one commissioner.

It was not clear if after the meeting with the President, which was preceded by one with the Justice Minister Mutula Kilonzo, Kiplagat might have decided to withhold his ‘personal statement’.

Journalists tipped of the "big statement" which many presumed to be a declaration to step aside to pave the way for investigations by the already established tribunal, pitched camp at the offices from as early as 9am till 4pm, when they left empty-handed.

The media pack opted to leave following a call by Kiplagat that they do so until when he calls them. "Please tell your people to stop keeping vigil at my offices for no reason. I have important appointments to attend to, which I can’t cancel to come and address them," Kiplagat told this reporter.

He went on, "I will have something to say when I will feel I am ready but ambushing me when I have not invited you is not fair to me as a person."

He promised the call the media, "after three hours, be it at 5 pm at 8 pm or even tomorrow (today) to pass my message to Kenyans. I am a very open man and I have nothing to hide from Kenyans if at all I feel there is something they ought to know".

By the time of going to press, no communication had been received from the TJRC offices even as anxiety gripped the staff following the expiry of a deadline issued by a parliamentary committee to the team to put its house in order or be disbanded.

Worried employees

Some of the employees who had invited the media said they were worried Kiplagat’s failure to step aside would make them jobless for the duration that he will be facing the tribunal.

"It is our prayer that the chairman sees sense in stepping aside to allow the commission carry out with its mandate since if he declines and the appointing authority does nothing, then it will mean we will be watching unfolding events from our homes away not TJRC office," complained an official at TJRC’s Delta House offices.

The CJ also gazetted the appointment of Edwin Obuya Okello as counsel to assist the tribunal appointed to investigate the conduct of Kiplagat, and Perpetual Wangeci Waitere as the tribunal’s secretary.

As per the Kenya Gazette notice, the tribunal to be chaired by Justice Deverell will be required to investigate the conduct of Kiplagat following allegations his past conduct erodes and compromises his legitimacy and credibility to chair the TJRC.

He should be investigated on grounds that: his past is riddled with unethical practices and absence of integrity, he has been involved in, linked to or associated with incidences considered to abuse of human rights and that he is likely to be a witness in the same matters that the commission is mandated to investigate.

After the tribunal procedures, with a time frame of six months, the Deverell team will then make a report and recommendations to the CJ.

Last week, TJRC was given a 72-hour ultimatum to resolve its credibility issues by the Parliamentary Committee on Administration of Justice and Legal Affairs. The committee warned it would push for amendments to TJRC Act to allow for its disbandment should it fail to address credibility and integrity issues.

Committee Chairman Ababu Namwamba told TJRC commissioners that issues of integrity were blocking funding from donors.

At the time TJRC Commissioner Margaret Shava called on the Chief Justice to urgently constitute a tribunal to investigate Kiplagat’s conduct to save the commission from disbandment.

Parliament action

If Kiplagat fails to step aside and Parliament were to go ahead and disband TJRC, the Commission’s 70-plus secretariat staff and statement takers would have been axed.

Despite Kiplagat finding himself under intense pressure to resign, a section of Rift valley MPs have come to his defence by urging the Government to fully fund it to enable it undertake its mandate.

The lawmakers have maintained the problems bogging down the commission were not so much about the chairman’s credibility but lack of Government goodwill.

Sources at the commission revealed TJRC had already collected 6,000 petitions from Kenyans regarding the chairman. Kiplagat himself recently wrote to the CJ asking him to set up a tribunal to probe him.