Judge rejects offer to chair Kiplagat tribunal

Retired Court of Appeal judge William Deverell has turned down his appointment to the tribunal to investigate the conduct of the truth commission boss.

Mr Justice (rtd) Deverell wrote to Chief Justice Evan Gicheru days after his appointment saying he did not wish to take up the job.

Sources in the Judiciary informed the Saturday Nation that the retired judge cited personal reasons for not taking up the job of chairing the tribunal to investigate the conduct of ambassador Bethuel Kiplagat.

And following the retired judge’s letter, the Chief Justice elevated former High Court judge Onesmus Mutungi from the position of member of the tribunal to that of chairman.

The Chief Justice also appointed Ms Mwanaisha Saida Shariff as a new member of the tribunal. Initially, Justice Gicheru had appointed justices Deverell, Mutungi and Benjamin Kubo.

The tribunal will investigate claims that the Truth Justice and Reconciliation Commission chairman’s past is “riddled with unethical practices and absence of integrity”.

They will also investigate claims that he has been associated with “incidents considered to be abuse of human rights” and may be called as a “witness in the same matters that the commission is mandated to investigate”.

Civil society groups and injustice victims have been up in arms over the appointment of Mr Kiplagat as TJRC chair. The TJRC is expected to investigate human rights abuses since 1963.

A group of activists, led by former MPs Njeru Kathangu and Koigi Wamwere, have filed cases in court challenging his appointment.

They argue that Mr Kiplagat served a government that perpetuated impunity.