By George Nyabuga

The Truth, Justice and Reconciliation Commission (TJRC) will summon anybody who will not voluntarily appear before the commission when called upon.

Not even the Kenyatta family, retired President Moi, President Kibaki, and Prime Minister Raila Odinga would be spared if it were believed they could be privy to certain information by virtue of

their high stations. This means that senior Kenyans who have served the various governments since 1963 will be called upon to reveal the extent of political, economic, and social crimes, including land grabbing, looting of public resources, assassinations, and gross violations of human rights.

Accordingly, the Kiplagat team will be compelled to summon not only past presidents like Moi, but also officials who worked in those administrations when, for example, popular politicians like Pio Gama Pinto, Tom Mboya, JM Kariuki, and Robert Ouko were murdered.

It will also ensure that the past presidents are summoned to answer questions on the land issue, although this started and intensified during the colonial era.

They may specifically be called upon to shed light on unjust land distribution and grabbing during their time in power.

The commission chairman Bethwel Kiplagat says nobody, irrespective of position in society or Government, would be spared. He said TJRC is determined to get to the root cause of political, economic and social problems as mandated by an Act of Parliament to probe gross violations and abuse of human rights.

The commission chairman said not even the President or the Prime Minister will be spared when it comes to finding the truth and righting past wrongs. He said the law is blind, and will be applied equally.

"I am sure they will attend of their own volition but we will subpoena anybody who does not heed our calls. It does not matter who."

Kiplagat’s pledge to spare no one reveals the determination of TJRC to get to the root cause of the political, social and economic problems that have bedevilled the country from independence in 1963 until last year.

He said it is his ‘sacred duty’ to get to the bottom of all ills and prove critics wrong with a tenacious pursuit of truth, as the harbinger of justice, reconciliation and healing.

Speaking exclusively to The Standard on Sunday, Kiplagat also said he is willing to step aside and reveal all he knows about the murder of former Foreign Affairs Minister, Robert Ouko, when called upon to do so. He said he would not let conflict of interest bar the country from knowing the truth about past crimes.

The TJRC boss reiterated that he is willing to resolve the murder of "my great friend". "I am ready to reveal all I know about the death of Dr Ouko. I have always been willing," he said, without divulging what information he may be privy to.

"If any of the commissioners is asked to give evidence they would be required to step aside," he added.

Since his appointment to head the nine-member commission last July, Kiplagat has faced a barrage of criticisms, especially from civil society organisations. His credibility has been questioned particularly because he was Ouko’s permanent secretary at the time of his disappearance and death in 1990.

Those opposed to Kiplagat’s leadership of TJRC claim he might have been privy to Ouko’s disappearance, and thus cannot be trusted to lead the truth, justice, reconciliation, and healing process.

Some people, particularly victims of the Moi-era political purge, have vowed not to attend the commission’s sessions because they do not believe Kiplagat can midwife reconciliation.

For example, former political detainee Koigi Wamwere says he does not believe Kiplagat and TJRC are capable of unearthing the truth about detainees’ sufferings, particularly under the Moi regime.

Njeru Kathangu, another Moi-era detainee, concurs with the former Subukia MP. Mr Kathangu says members of the commission cannot comprehend the suffering of victims of injustice.

Despite doubts on his impartiality, Kiplagat said his record speaks for itself. He said he has the capacity to get to the root causes of problems in this country, and find long lasting solutions. He vows never to quit the job he considers ‘sacred duty’. "I am not a quitter. Never," he says.

Kiplagat says although TJRC opponents have a right to express their opinions, they are not aware of personal and professional sacrifices he has made in his quest for peace and democracy.

He says he has always, albeit not always publicly, stood up for the right of Kenyans and contributed enormously to the development of freedom, including the repeal of section 2a of the Constitution to allow multi-partyism.

TJRC was established to assess the history of human rights abuses in Kenya from independence in 1963. On March 14, last year, a group of politicians from the Government’s key partner parties, Party of National Unity and Orange Democratic Movement — including Martha Karua, Sam Ongeri, Mutula Kilonzo, Moses Wetang’ula, Musalia Mudavadi, William Ruto, Sally Kosgei, and James Orengo signed a document agreeing to set up TJRC to spearhead reconciliation and national healing.

It was agreed that the commission would inquire into events that took place between December 12, 1963, and February 28, last year. But the group agreed that the period might be extended to allow for a greater understanding of the nature, root causes, or context that led to violations, violence or crimes that happened before that period.

It was also agreed that the commission will receive statements from victims, witnesses, communities, interest groups, and persons directly or indirectly involved in events.

Given the scale of such work, Kiplagat says, TJRC is faced with numerous challenges, especially those related to horrid tales and testimonies of people whose rights have been violated. He said managing public expectation is a massive challenge, but promised sceptics that all will be done to ensure justice for victims.

Kiplagat also said the commission had drawn a tentative annual budget of $10 million, the bulk of which will be used in truth, justice and reconciliation process. He says most of the money will be sourced from the Government, but appealed to donors to chip in to ensure the success of the commission’s core mandate of reconciling and healing.