Kenya truth team petition CJ over Kiplagat

Truth Justice and Reconciliation Commissioners (TJRC) Friday petitioned the Chief Justice to set up a tribunal to investigate chairman Bethuel Kiplagat

The commissioners also copied their petition to President Kibaki and Prime Minister Raila Odinga.

The petition asks the Chief Justice to determine whether the Chairperson, in swearing to an affidavit that he “has not in any way been involved, implicated, linked or associated with human rights violations of any kind or in any matter which is to be investigated under the [TJRC] Act, and in continuing to state both publicly and privately that he has no such relationship with any matter to be investigated by the TJRC, has committed an act that qualifies as misbehaviour or misconduct. 

“In addition, the petition asks whether those same allegations, if proven true, violates Section 21(2) which provides that “each Commissioner … shall avoid taking any action which could create an appearance of partiality or otherwise harm the credibility or integrity of the Commission.” 

The commissioners said that by petitioning the CJ they did not imply that Mr Kiplagat was guilty of any wrongdoing rather that they wanted the law and due process to take its course.

"The Commission is committed to moving beyond the allegations that have been raised against our Chairperson. 

"We hope that the creation of a Tribunal will allow the Chairperson to vindicate his rights, to finally clear his name, and in the meantime allow the Commission to move forward with the real work of the Commission, the work that the people of Kenya have entrusted us to perform,” said vice chairperson Ms Tecla Namachanja.

Their move came after the earlier effort to petition Chief Justice Evans Gicheru through the office of Justice minister Mutula Kilonzo failed after the latter returned their letter saying he had no role in the matter.

On Tuesday, the commissioners called a news conference where they asked Mr Kiplagat to step aside to facilitate the formation of a tribunal to investigate allegations linking him to past injustices.

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."

Civil society groups have also added their voice to calls for Mr Kiplagat's resignation. The International Centre for Transitional Justice (ICTJ) Thursday demanded that Mr Kiplagat immediately steps aside to enable the commission fulfill its mandate.

“Despite being a key mechanism to addressing Kenya’s 2008 post-election violence, the TJRC is being held hostage by Ambassador Bethuel Kiplagat’s continued refusals to step down following credible allegations of bias and misconduct made against him,” said director of ICTJ’s Africa Program, Suliman Baldo.

The Law Society of Kenya (LSK) said that Mr Kiplagat's tenure as TJRC's head had become untenable in face of the allegations facing him that had affected the credibility of the commission.

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

In February, ten former heads and members of previous truth and justice commissions across the world demanded his immediate resignation, citing reports linking him to past injustices.

Led by Nobel Peace Prize winner and former chairman of the South African Truth and Reconciliation Commission, Archbishop Desmond Tutu, the ten cited two local commissions of inquiry they said had raised serious questions on Mr Kiplagat's involvement in the injustices.

They referred to a report of the Commission of Inquiry into Illegal and Irregular Allocation of Public Land released in 2004 and that of the Parliamentary Select Committee of Inquiry into the murder of former Foreign Affairs minister Robert Ouko.

Further, they noted that the Ndung'u report had made references to Mr Kiplagat's acquisition of public land illegally while the parliamentary committee chaired by former Kisumu Town East MP Gor Sungu had concluded that he was untruthful.

Mr Kiplagat has also faced charges of complicity in the February 1984 Wagalla massacre. He has been accused of attending a security meeting that authorised a disarmament operation that led to the massacre of some Degodia people at Wagalla airstrip.

Hundreds of people were herded onto the airstrip where they were tortured, starved to death, or shot dead by the security forces.

A visitors' book at the Wajir DC's office where the meeting took place listed Mr Kiplagat as one of those in attendance.

But, Mr Kiplagat vigorously denied the claims, insisting that he never attended the meeting.

The TJRC boss has also been accused of failing to disclose the truth regarding the murder of Dr Robert Ouko when he appeared before the Commission of Inquiry into the death chaired by Justice Evan Gicheru.

The TJRC chair was Dr Ouko's Permanent Secretary when the minister met his death in February 1990.

He also denies claims by human rights activists and former political detainees that he was a strong defender of the Kanu regime that committed some of the injustices

The mandate of the Truth Justice and Reconciliation Commission  it 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.

It will also inquire into major economic crimes, in particular grand corruption, historical land injustices and the illegal and irregular acquisition of land especially as these relate to conflict or violence, between December, 12 1963 to February 2008.