Kenya Truth team wants Kiplagat out

The Truth, Justice and Reconciliation Commissioners have unanimously resolved that chairman Bethuel Kiplagat steps aside to facilitate the formation of a tribunal to investigate allegations against him.

The nine commissioners said on Tuesday that their decision was reached so as to insulate the TJRC against a credibility crisis.

They added that they had requested the Justice minister Mutula Kilonzo, in writing, to ask the Chief Justice to form a tribunal to investigate allegations levelled against Mr Kiplagat.

The truth team said " the allegations touch upon the following three areas of concern that are within our mandate: Illegal or irregular acquisition of land; The assassination of the Honourable Robert Ouko; and the Wagalla Massacre."

The commissioners, who were addressing a news conference at Delta House, Nairobi, said that Tecla Namachanja will serve as the commission's chairperson in an acting capacity.

However, Mr Kiplagat, who was present at the media briefing, maintained that he will only step aside if a tribunal is put in place and if the law requires him to do so.

“If the tribunal is agreed upon and established, I will follow the rule of law, if the law says I step aside, I will step aside,” he said.

The commissioners are: Tom Ojienda, Ahmed Sheikh Farah, Ms Namachanja and Berhanu Dinka.

Others are: Ms Betty Murungi, Ms Margaret Wambui Shava, Prof Ronald Slye of the US and Zambia’s Gertrude Chawatama.

The Truth, Justice and Reconciliation Act sets out the procedures for the removal of the TJRC chairman or commissioner. Under the Act, it is only the President who can remove the chair or a commissioner.

Reads section 17 (2) of the Act; “Where the question of the removal from office of the chairperson or a commissioner arises under subsection, the Chief Justice shall, by notice in the Gazette, appoint a Tribunal which shall consist of a chairperson and two other members selected by the Chief Justice from among persons who hold or have held office as judges of the High Court.”

The tribunal will then investigate the matter and report its findings to the CJ stating whether the commissioner under investigation ought to leave office or not.

The CJ will, in turn, forward the recommendations to the president for necessary action.

The law further provides that the President may suspend the chairperson or the commissioner from the Commission while he or she is under investigation by the tribunal.

Mr Kiplagat has consistently fended off accusations that he was involved in past injustices.