Court clears way for Kiplagat’s return to TJRC

A High Court has ruled that Ambassador Bethwel Kiplagat was properly appointed as chairman of the Truth, Justice and Reconciliation Commission paving way for his return to the body.

The court dismissed allegations raised against him by five former MPs and gave his appointment a clean bill of health.

A three judge bench of Justices John Mwera, Hannah Okwengu and David Maraga ruled that Mr Kiplagat was duly appointed and gazetted after satisfying the criteria set out by the selection panel.

Only a tribunal can rule that Mr Kiplagat is not fit to head the commission, the bench said.

The judgment clears one hurdle in his efforts to return as the chairman of the TJRC. (READ: Bethwel Kiplagat responds to allegations)

However, his return may have to wait until a tribunal that was set up to look into allegations of his past conduct releases its findings.

The judges also dismissed the former legislators’ application seeking an order to amend the TJRC Act, saying that the complaints raised are substantive issues that cannot just be “sprung up” at will.

Former MPs Njeru Kathangu, Wanyiri Kihoro, Koigi wa Wamwere, Otieno Mak’Onyango and Moses Mwihia went to court seeking orders to quash the oath taken by Mr Kiplagat on grounds that the process of nominating him was flawed and not in accordance with the TJRC Act.

They also challenged the setting up of the TJRC, claiming that the Act was in violation of the Constitution and sought an order to amend the Act claiming that it was discriminatory by not including violations committed before 1963.

The judges ruled that only Parliament could determine whether the TJRC Act was discriminatory.

“Whether the legislature was right to exclude those years can only be answered through a properly constituted petition,” said Justice Mwera who read the ruling on behalf of the bench.