Truth commission shuns Kiplagat

By Judy Ogutu

The Truth Justice and Reconciliation Commission (TJRC) is putting up a spirited fight to have Mr Bethuel Kiplagat prohibited from interfering with its activities.

Bethuel Kiplagat: Truth Justice and Reconciliation Commission want him prohibited from interfering with its activities. Photo: Standard

TJRC also wants the High Court to prohibit him from "entering offices and intimidating staff of the commission."

It is the commission’s case that it intends to call Kiplagat as a witness because he has been mentioned in the Wagalla Massacre and if he stays on board as the TJRC chairman it will be a clear case of conflict of interest.

High Court Judge, Justice Mohamed Warsame was told on Momday that the conflict of interest would occur if Kiplagat is to sit and take evidence from members of public when he will also be a witness.

In response, Kiplagat told the court that there was nothing to show TJRC has a right to question his appointment or stop him from performing his obligations to that appointment.

His advocate, Mr Kevin M’cott said he had already appeared before the commission and given his statement before them.

"This is a witchhunt, he should be allowed to return back to his office," he argued.

But the commission maintained that they had moved to court in public interest and should not be held hostage by Kiplagat.

In the appplication before court, the commission wants Chief Justice Willy Mutunga compelled to invesigate Kiplagat’s conduct.

His conduct, the commission argues erodes and compromises his legitimacy and credibility to chair the TJRC.

"His past is riddled with unethical practices, absence of integrity and has been involved in, linked to or associated with incidents considered abuse of human rights, has already testified and will still be summoned as a witness in the same matter that the applicant (TJRC) is mandated to investigate," it is pleaded in the documents filed in court.

Through its advocate Mr Waweru Gatonye, the commission is also seeking for orders restraining Kiplagat from resuming office as chairman and commissioner of TJRC as well as threatening and intimidating staff of the commission.

Kiplagat stepped aside as chairmanof TJRC in November 2010 to pave way for investigations on allegations of his past conduct.

A month later, retired CJ, Evan Gicheru appointed a tribunal to investigate his conduct and the tribunal was supposed to make a report and its recommendations within six months.

TJRC claims it has written numerous letters and made verbal requests to the CJ to have the tribunal reconstituted but he has failed to do so.

The CJ, the commission argues, is statutorily mandated to constitute a tribunal to investigate conduct of the TJRC chair where a question as to his removal arises.

The court was told that Kiplagat has been away from office for 14 months and on January 3, he arrived at the commission’s offices unannounced and attempted to sieze the office of the acting chair.

Justice Warsame will deliver a ruling on February 21.