Truth team now wants Kiplagat suspended

A group of Truth, Justice and Reconciliation Commission (TJRC) officials on Saturday called on President Kibaki to suspend chairman Bethuel Kiplagat following the formation of a tribunal to investigate his conduct.

The officials led by TJRC vice-chairman Tecla Namachanja told a conference in Nairobi that alternatively Dr Kiplagat could step aside on his own volition awaiting the verdict of the five-man tribunal appointed by Chief Justice Evan Gicheru on Friday.

Ms Namachanja welcomed the formation of tribunal, saying “it will help move the process forward”. “The TJRC Act is very clear. It’s upon the President to suspend the chairperson of the commission for as long as this tribunal is in place,” said the commission’s legal director Tom Chavangi.

However, Dr Kiplagat is not obligated under the law to resign due to the formation of the tribunal. The TJRC Act also requires the chairman to be investigated for his conduct during his term at the organisation.

Mr Kiplagat has written to the House Justice and Legal Affairs committee outlining a list of activities carried out by the TJRC in his defence.

He says the commission has made field visits to 41 places taking 304 statements and hired 71 staff out of 13,000 applicants.

He also cites the setting up of the structure of the commission including seven units headed by a director on a range of subjects including investigations and legal services.

Dr Kiplagat blames a resource gap which saw the commission ask for Sh1.2 billion and receive Sh190 million for the team’s failure to do more.

Ndung’u Wainaina, executive director of the International Centre for Policy and Conflict, said they would push for the disbandment of the commission regardless of the formation of the tribunal to investigate its chairman or its verdict.

“Dr Kiplagat must have been advised by his lawyers or got the notion that under the TJRC Act, the tribunal might only investigate his conduct during his time in office which might preclude issues about his past,” said Mr Wainaina.

Ms Namachanja said they were yet to receive the official communication from the CJ’s office over the matter, although the gazette notice should suffice.

“We urge all those who had issues with (Dr) Kiplagat’s leadership to present their concerns to the tribunal to enable it reach the correct and fair decision,” she said.

She said the commission’s work continues as the tribunal gears to sift through the allegations against the TJRC chairperson.

“We urge Kenyans who have not recorded their statements to do so with our 424 statement takers countrywide,” said Ms Namachanja, adding that the 72-hour ultimatum from Parliament’s legal affairs committee had helped the commission expedite the pressure on the Chief Justice to set up the tribunal.

The commissioners had in February this year petitioned the CJ to form a tribunal to investigate their chairman but their request had not been acted upon.

Ms Namachanja said that when the House team led by Budalang’i MP Ababu Namwamba warned the commission of disbandment, they filed for an Order of Mandamus – an extra-ordinary court order compelling the CJ to set up the tribunal.

TJRC’s finance director Juliana Mutisya said that with the setting up of the tribunal things were looking up for the commission currently facing a financial crisis. “We believe the money is coming and that donors will come in,” said Ms Mutisya.

Donors have been reluctant to give money to the commission, not only because of the credibility queries, but also because the government’s contribution to the TJRC’s budget was less than 10 per cent, which some donors considered too low.

Ms Mutisya said Justice Minister Mutula Kilonzo had so far not communicated to the commission on his promise to seek more money from the government.

The commission has a debt of Sh51 million and a budget deficit of Sh1 billion this financial year alone. It needs Sh480 million in the next two months to enable it complete its work by the November 2011 deadline for submitting its report.