BETHWEL KIPLAGAT TRUTH TEAM IN DEEP TROUBLE

THE STANDARD
February 19 2010

By Juma Kwayera and Lillian Aluanga

After weeks of sustained pressure to step down, the Truth, Justice and Reconciliation Commission Chairman Bethwel Kiplagat appears set to quit, as a boycott, even mass resignations, by other commissioners loom.

But Kiplagat has on various occasions vowed not to resign, saying he has the integrity to lead the organisation.

An internal standoff that has been building up for weeks hit a crisis on Thursday, when the commissioners met Kiplagat to discuss his tenability in light of being adversely mentioned in various reports accusing him of perpetrating impunity and historical injustices he is supposed to investigate.

The brewing mutiny follows weeks of sustained pressure for re-constitution of the commission without Kiplagat, who human rights, Church, and civil society organisations accuse of complicity in some of Kenya’s macabre murders, besides irregular alienation of land.

Internal resistance to Kiplagat reached a crisis when four commissioners – Betty Murungi, Gertrude Chawatama, Margaret Shava and Ronald Slye – demanded a meeting to discuss the matter, arguing the credibility of the body was at stake.

The other commissioners are Tom Ojienda, Ms Tecla Namachanja, Maj-Gen (Rtd) Ahmed Sheikh Farah, and Berhanu Dinka from Ethiopia.

Internal memos obtained by The Standard on Saturday show mounting frustrations, and point to a "rapidly impending demise" of the commission formed as a result of the disputed 2007 presidential election and the attendant ethnic violence to address historical injustices.

"For about two weeks now, commissioners have privately and together been discussing the challenge of TJRC’s credibility highlighted especially after the Coast visits and demands by sections of civil society for our chair’s resignation. As a consequence, disgruntlement has set in and the rather wonderful team spirit we had developed has all but vanished," one of the memos written by Deputy Chair Betty Murungi says.

In a confidential letter, Murungi expresses concern to her like-minded colleagues that some commissioners have become objects of targeted attacks for attempting to resolve the problems of "Pink Elephant in the Room," referring to the integrity concerns.

Serious misgivings

The letter says in part: "It has become apparent that there are concerted efforts now underfoot to discredit some TJRC commissioners, who want to seek internal solutions to our Big Pink Elephant in the Room problem to address public concerns and save the TJRC from its rapidly impending demise."

According to the letter, the commission’s sittings in the Coast Province exposed serious misgivings the public has about the Kiplagat team following which the commissioners fear TJRC’s credibility is on the line hence their call on the chair to heed public calls to resign.

The TJRC chair’s tribulations originate from his service in Government linked to his past, as a senior member of the Kanu regime, which is synonymous with historical injustices and impunity.

The commission’s terms of reference, which are based on the National Accord signed between President Mwai Kibaki and Prime Minister Raila Odinga, mandate the commission to resolve historical land injustices, human rights violations, and politically instigated assassinations from independence in 1963 until 2008. Kiplagat was a top civil servant when some of these incidents took place. Kiplagat was the Permanent Secretary in the Ministry of Foreign Affairs when his minister Dr Robernt Outko was assassinated.

Asked on Friday to comment on the various allegations, and his options, Kiplagat declined to comment. He promised to call back but he never did.

Reached for comment on the level of despondency, Murungi initially expressed surprise that we were in possession of internal communications, but conceded:

"We have been having internal consultations for nearly a month regarding the credibility of the commission."

Integrity test

"It is not just the chairman. We have been subjecting ourselves to internal integrity test since serious concerns about conflicts of interest came up," Murungi said, but was non-committal on her imminent resignation.

Reacting to questions regarding imminent resignations and letters about plummeting morale, the Commission Secretary and CEO, Ms Patricia Nyaundi, denied knowledge of disgruntlement or letters.

"The Truth Justice and Reconciliation Commission neither comments on internal processes nor responds to speculation based on purported communication it has neither seen nor verified," said Nyaundi.

In another memo, the State is already attempting to manipulate process of digging out the truth about historical injustices. One of the letters that suggests the outcome of the inquiry into historical wrongs has been premeditated, details how the Government, through the Ministry of Justice, has been attempting to manipulate the process.

"Tom Ojienda informed Commissioner Margaret Shava that he had met with the PS, Ministry of Justice, sometime in the afternoon of 17/02/10. Tom subsequently requested a meeting of the Kenyan commissioners ostensibly to share certain ‘directions’ from the ministry ahead of, or instead of the full commission meeting requested by four commissioners. The ‘directions’ have been construed by some TJRC commissioners as suggesting the Government is intent on maintaining a leash on truth by taking control of the process, hence intensifying the internal rifts.

The internal conflicts are compounded by civil society organisations’ intensified demand for Kiplagat’s resignation. On Friday, the Kenya Human Rights Commission (KHRC) demanded the resignation of Kiplagat within seven days failure to which they would organise mass action against the chairman.

They will also petition the Chief Justice Evan Gicheru to set up a tribunal to investigate allegations against Kiplagat. Another group led by former MP and political detainee Njehu Kathangu also sought this.

KHRC said on Friday that the TJRC’s mandate cannot be effectively executed due to the opposition against Kiplagat leadership of the organisation.

"The issues raised are critical. One day Kiplagat may himself be required to appear before the TJRC as a culprit," KHRC acting Deputy Executive Director Tom Kagwe said during a press conference at the Commission’s Nairobi offices.

Kagwe, who was reading a KHRC statement, said that on historical injustices Kiplagat is also mentioned in the Ndung’u Reports on Land.

"In addition to this Kiplagat is said to have confessed to the allegations of illegal and irregular acquisition of public land in Uasin Gishu (Eldoret) and Kileleshwa (Nairobi)," the statement, which was signed by KHRC chairman Makau Mutua, said.

KHRC also claims Kiplagat is referred to by the Scotland Yard detectives led by Mr John Troon in a report of the Parliamentary Committee of Inquiry into the murder of Dr Robert Ouko (Sunguh Committee).

"The Sunguh Committee Report goes further to recommend in page 128 that Mr Kiplagat should be investigated," the statement said.

The commission argues that Kiplagat falls short of the qualifications of the chair as stipulated in section 10(6) of the TJRC Act, which demands that prospective candidates be persons of good character and integrity and had not been involved, implicated and linked with human rights violations.

"The KHRC believes that these actions may restore some legitimacy to the commission critical in realising its mandate of promoting peace, justice, national unity, healing and reconciliation to victims and Kenyans in general," KHRC said.