TJRC chair Kiplagat steps aside

The embattled chairman of the Truth, Justice and Reconciliation Commission Bethuel Kiplagat has stepped aside to allow a tribunal investigate allegations levelled against him.

In a statement, Mr Kiplagat said he believed in the constitutional right of every Kenyan to be presumed innocent unless otherwise proved in a court of law.

"In order to allow the Tribunal to carry out its mandate, I am, therefore, as of today stepping aside from my day to day responsibilities at the TJRC," he said Tuesday.

He said he saw the "Tribunal as an opportunity to finally put any doubts about my credibility to rest once and for all".

Welcoming the decision by Chief Justice Evan Gicheru to appoint the tribunal to ascertain the truth over allegations into his conduct, Mr Kiplagat said he has all along "maintained the need for this matter to be addressed fairly and decisively, according to the rule of law".

On Friday, the CJ named a five-member tribunal to investigate Mr Kipalgat.

It is expected to give its recommendations within six months.

The tribunal will be chaired by former Appeal Judge William Deverell with a mandate to inquire into claims that Mr Kiplagat’s past conduct “erodes and compromises his legitimacy and credibility” as chair of the Truth, Justice and Reconciliation Commission.

The chair said the journey to his eventual decision to step aside had been difficult.

"However, it is my fundamental belief in the rule of law, my commitment to peace in this country and my sense of duty to those that appointed me and the many that support the Commission that has guided my every decision," he said.

As he left office, Mr Kiplagat enumerated his Commission's successes saying they had come despite a serious cash crunch and criticism from civil society.

He said that the TJRC has taken 5,000 statements from witnesses and victims of past injustices, hearings are on track for August 2011 date, has conducted 41 field visits, has put in place administrative structures and enjoys broad local and international support.

"These achievements have been made possible by the positive support of the communities where we have worked and the commitment and contribution of we, the Commissioners and staff of the TJRC.

"I trust that the Commission will continue to building on the established momentum and I encourage Kenyans to continue to give full support to this important work which aims to bring justice, reconciliation and healing to our beloved country," he said.

Mr Kiplagat had previously stood firm in the face of calls to leave the Commission to allow it carry out its mandate.

He maintained that only a tribunal would decide on his fate.

Last week, Parliament’s Justice and Legal Affairs Committee had given the TJRC a 72-hour ultimatum to shape up or the House initiates the process to disband the Commission.

The Commission was rocked by the resignations of two of its members vice chairperson Betty Murungi and Commissioner Ronald Syle, who questioned the suitability of Mr Kiplagat to head the truth body.

The mandate of the TJRC is to inquire into human rights violations including those committed by the state, groups or individuals. It includes but is not limited to politically motivated violence, assassinations, community displacements, settlements and evictions.