NAIROBI/NEW YORK, Sept. 13, 2010—Kenya's chief justice, minister for justice, president and prime minister should take decisive action on the allegations against Truth, Justice and Reconciliation Commission (TJRC) chairperson, Bethuel Kiplagat, the International Center for Transitional Justice (ICTJ) said today.
Kiplagat, who served as a senior government official in the Moi regime, has been adversely mentioned in government commission reports into the disappearance and murder of the former minister for foreign affairs, Robert Ouko, and the illegal and irregular acquisition of public land and property. He is also alleged to have participated in security meetings that preceded the Wagalla massacre in North-Eastern Province.
These findings against the chairperson are matters that fall within the general mandate of the TJRC. Kiplagat's continued stay as chairperson of the commission contravenes the TJRC constitutive law and the Constitution of Kenya.
"The allegations leveled against Kiplagat regarding his role in the former Moi Government bring up an unavoidable conflict of interest with his role as TJRC chairperson," said Suliman Baldo, director of ICTJ's Africa Program. "The nature of the allegations relating to his character and integrity have a serious and direct bearing on his perceived ability to bring impartiality to his tasks," said Baldo.
On Sept. 3, stakeholders of the truth, justice and reconciliation process in Kenya issued a public communiqué making clear that they cannot continue to engage in the TJRC process until the credibility crisis is addressed. The communiqué comes five months after the TJRC commissioners petitioned the chief justice to set up a tribunal to investigate the chairperson's conduct and make recommendations on his removal, with no action to date.
Civil society organizations, pursuant to Article 37 of the Constitution, have made a further call to the chief justice to set up the tribunal.
"ICTJ stands in solidarity with the civil society and victims' position to disengage from the TJRC process until its credibility concerns are addressed. We therefore call upon the chief justice, the minister for justice and President Mwai Kibaki and Prime Minister Raila Odinga to take decisive action on this matter," said Njonjo Mue, head of ICTJ's Nairobi office. "The current situation can only serve to bury the truth of past injustice and the quest for justice and reconciliation with it," Mue said.
Background
The allegations against Bethuel Kiplagat have led to calls for his resignation by victims, commissioners of the TJRC, former chairperson of the South African Truth and Reconciliation Commission Desmond Tutu, other former commissioners of truth commissions around the world, local and international civil society organizations, and members of parliament, among others. The chairperson has failed to heed these calls to date and remains in office, crippling the commission's credibility and operations.
Kiplagat's refusal to relinquish his position as the chairperson of the commission violates provisions of the TJRC Act requiring any person appointed to the commission not be linked to, associated with, involved or implicated in human rights violations and not act in a manner that creates an appearance of partiality or harms the credibility and integrity of the commission. The chairperson's actions may be in violation of the new Constitution, which protects the right of victims to human dignity, access to justice, national values and principles of integrity, transparency and accountability.
About ICTJ
The International Center for Transitional Justice (ICTJ) works to redress and prevent the most severe violations of human rights by confronting legacies of mass abuse. ICTJ seeks holistic solutions to promote accountability and create just and peaceful societies. For more information, visit www.ictj.org.
Contact
Njonjo Mue
Head, ICTJ Kenya Office
Tel +254 20 387 7508/ 386 0201
Cell +254 721308911
Lisa Jamhoury
Communications Associate, New York
Tel +1 917 637 3846
Cell +1 917 975 2305
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