By Evelyn Kwamboka
A group of activists have lost their bid to stop Bethwel Kiplagat from chairing the Truth and Justice Reconciliation Commission.
The High Court dismissed the case against Kiplagat, leaving a tribunal appointed by former Chief Justice Evan Gicheru to investigate allegations against him.
A three judge-bench also ordered the activists led by former MPs Njeru Kathangu and Koigi Wamwere to pay Kiplagat for the cost he incurred in the matter.
The judges said a selection panel that forwarded Kiplagat’s name for appointment was properly constituted.
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Justice John Mwera, Hannah Okwengu and David Maraga pointed out that they would not issue an order quashing Kiplagat’s appointment because the activists did not ask for it.
The group sought an order to quash the oath of office taken by Kiplagat on August 3, 2009 and to prohibit him from taking office.
The case was filed on grounds that the ambassador was not the proper person to lead the commission, which is mandated to look into historical injustices since he served in the past regime that is blamed for most of the ills.
On Monday, the judges said no prohibition order could have been issued because when the matter was filed, Kiplagat was already in office.