Truth team boss comes out fighting

Mr Bethuel Kiplagat whose past has cast the truth commission in the eye of a storm threatening to derail its work, has come out fighting, amid widespread calls for his resignation.

Mr Kiplagat, the chairman of the Truth, Justice and Reconciliation Commission, says that contrary to claims by his detractors that he was a strong defender of the Kanu dictatorship, he fought for the reintroduction of multi-party democracy. He spoke after braving walkouts in the team’s tour of the Coast this week, and declared his innocence over accusations linking him to the Wagalla Massacre.

Mr Kiplagat was also the Foreign Affairs permanent secretary when the minister, Dr Robert Ouko, was murdered in 1990. Both matters are expected to be addressed by the commission. Questions have also been raised about Mr Kiplagat’s relationship with Mozambican rebel group Renamo, Lonrho chief executive Tiny Rowland and his management of the Somali peace negotiations.

Victims of past injustices and some lobby groups have been calling on him to step aside, arguing that his association with the Kanu regime, which committed the sins the commission is out to address, had cast doubts on his ability to deliver justice.

However, in an exclusive interview with the Saturday Nation, Mr Kiplagat said he would not be a roadblock to justice for any of the victims because decisions made by the commission will be made by the all the nine commissioners. ‘‘I am not going to overrule decisions reached by consensus of all the commissioners to shield anybody,’’ he said. ‘‘It is going to be collective responsibility.’’

Mr Kiplagat said those accusing him of defending the Kanu regime, associated with massive violation of human rights, did not appreciate his contribution in expanding democracy. ‘‘I was among the few government officials who went before the Saitoti commission in 1990 and suggested that Kenya be a multi-party democracy,’’ he said.

The commission, headed by then Vice-President George Saitoti, was set up to seek Kenyans’ views on the reintroduction of multi-party politics. ‘‘I am on record to have called for the repeal of Section 2A of the Constitution, which declared Kenya a single-party state,’’ he said.

Those opposed to his leadership of the TJRC also allege that he attended a security meeting, which authorised a disarmament operation which resulted in the massacre of Degodia tribesmen at the the Wagalla Airstrip. Survivors and victims, he noted, have said that given Mr Kiplagat’s role, they were unlikely to get justice from the commission.

In the February 1984 operation, which would come to be known as the Wagalla Massacre, people were arrested from their homes, herded into the airstrip where they were tortured, starved to death or shot dead by the security forces.

Others were sprayed with petrol and set a blaze, marking one of the lowest points in Kenya’s human rights history. A visitors’ book at the Wajir DC’s office where the meeting took place listed Mr Kiplagat as one of the attendees.

But the TJRC chief says he never attended the meeting sanctioned by the National Security Council. ‘‘I was never involved,” he adds. “I had just come from London and as the Foreign Affairs permanent secretary, the matter was not in my docket.’’

Pleads innocent

Mr Kiplagat also pleads innocent over the Ouko murder. ‘‘I also want to know who was involved in his killing,” he points out. “Dr Ouko was my friend and those raising such claims should bring evidence.” Participants walked out of the commission’s meetings in Kwale, Voi, Malindi and Lamu. However, Mr Kiplagat described the sessions as ‘‘successful.’’ ‘‘We got what we wanted,’’ he said.

The truth commission is mandated to investigate human rights violations by the state or individuals covering the period between December 12, 1963, and February 28, 2008. These include assassinations, grand corruption cases, displacement of communities and illegal acquisition of land.

Mr Kiplagat’s team was picked by the Parliamentary Select Committee on law review using a panel of interested parties chaired by Dr Daniel Ichang’i of the East African Professionals Association. The candidates were vetted by Parliament before their names were forwarded to the president for appointment.

Others who applied for the post include a former head of the Anglican church, Bishop Benjamin Nzimbi, and PCEA clergyman Timothy Njoya. The chairman of the House team said their choice was informed by the fact that they wanted to mix the fresh and the experienced hands on merit’’ as well as the ‘‘historical issues and emotions that may characterise sections of the process.’’

Former MPs Koigi wa Wamwere, Njeru Kathangu and Kalembe Ndile have moved to court challenging Mr Kiplagat’s leadership.

Can’t reconcile Kenyans

Their lawyer, Mr Wanyiri Kihoro, argues that Mr Kiplagat cannot reconcile Kenyans who think his background is partisan. ‘‘He has been a beneficiary of impunity perpetrated by the Kanu regime,’’ the lawyer says. The Centre for Multi-Party Democracy and anti-corruption lobby Mars Group has also called for Mr Kiplagat’s resignation.

The group says the commission is suffering ‘‘a real crisis of public confidence’’ because of some of the commissioners. ‘‘Mr Kiplagat and several commissioners are losing public trust in important quarters,’’ said Mars Group in a statement.

Mr Kiplagat describes as an ‘‘absurdity’’ claims that he supported Mozambican Renamo rebel group, together with Mr Tiny Rowland, then chief executive of the UK-based multi-national Lonrho. According to former political detainee Kathangu, Mr Kiplagat set up an office for the Renamo fighters in Nairobi’s Chester House from 1984 and hosted Mozambican dissidents, including their leader, Afonso Dhlakama.

Kenya provided Renamo officials with travel documents, with the support of Mr Kiplagat, then President Moi’s man in the Mozambican peace negotiations. Kenya is the only country in the region which accepted to provide the rebels with passports. It is said that towards the end of the war, Kenya provided significant military training and channelled arms to the rebels.