Ambassador Bethwel Kiplagat is a man facing one of his toughest challenges today. He should not have agreed to become the chairman of the Truth, Justice and Reconciliation Commission (TJRC) knowing full well that the role he played in the Nyayo Era, no matter how benign, would form the basis for the objections raised againts his chairmanship. Even if he did not know this, the situation today has become untenable for him and to remain at the helm of the TJRC is the height of obstinate stupidity.
The Minister for justice is right that Ambassador Kiplagat's conduct so far does not raise questions that would lead to the formation of a conduct to investigate him. But this is not merely a legal matter anymore; it is a moral one. The chairman's claim that he is an honourable man would necessitate his resignation whether he was guilty or not and give the country an opportunity to work out the kinks from its past.
So far, Mr. Kiplagat has been linked to the Wagala massacre, the Ouko assassination and illegal acquisition of property in Nairobi and Eldoret. All these will be subjects of the TJRC whenever it finally gets off the ground and begin's to discharge its mandate. Mr. Kiplagat, therefore, would be called to testify or defend himself. This is quite clearly a conflict of interest on his part. Indeed, he swore an affidavit before being appointed the chairman that there was nothing in his past that would warrant enquiry by the same commission. He lied and it is time he recused himself from any further involvement with the Commission until such a day that he is called to speak before it.
Betty Murungi is a different kettle of fish. Again, Hon. Kilonzo was right to question her motives for resigning as the vice-chairman, a posistion I might add that does not exist in the parent Act, while still choosing to remain a commissioner. The grounds for her resignation included an assertion that because the Chairman would eventually become the subject of enquiry, it would be untenable to work with him as vice-chairman. Only in Kenya can one appear to gain the moral high ground without actually gaining it. Ms. Murungi and her fellow Commissioners should all have resigned if they felt that retaining Mr. kiplagat as chairman would compromise the work of the Commission. It is not enough to make statements that amount, asically, to nothig without acting on the strength of your convictions.
I can only posit that the reason why none of them has resigned is becuse of the attractive terms that they enjoy. As has been the trend since the Goldenberg Commission of Inquiry, fat paychecks tend to blind people to the wise decisions that must be taken to protect integrity. These Commissioners are no different from the allegedly perfidious politicians we have running this country. The recent attempt to carry out a palace coup against their chairman came in the same week that the City Council of Nairobi decided to spend a further KES 250 million on another cemetary. The irony should not be lost on you: taxpayers' monies are mere tokens to be shared out among the elite. Perhaps it is time we elected to do away with the TJRC in the interests of the nation. It can be constituted later when we have gone through the Referendum and the process of the implementation of the new Constitution is well underway. Otherwise, we will kep burning millions of shillings with nothing to show for it.
The Minister for justice is right that Ambassador Kiplagat's conduct so far does not raise questions that would lead to the formation of a conduct to investigate him. But this is not merely a legal matter anymore; it is a moral one. The chairman's claim that he is an honourable man would necessitate his resignation whether he was guilty or not and give the country an opportunity to work out the kinks from its past.
So far, Mr. Kiplagat has been linked to the Wagala massacre, the Ouko assassination and illegal acquisition of property in Nairobi and Eldoret. All these will be subjects of the TJRC whenever it finally gets off the ground and begin's to discharge its mandate. Mr. Kiplagat, therefore, would be called to testify or defend himself. This is quite clearly a conflict of interest on his part. Indeed, he swore an affidavit before being appointed the chairman that there was nothing in his past that would warrant enquiry by the same commission. He lied and it is time he recused himself from any further involvement with the Commission until such a day that he is called to speak before it.
Betty Murungi is a different kettle of fish. Again, Hon. Kilonzo was right to question her motives for resigning as the vice-chairman, a posistion I might add that does not exist in the parent Act, while still choosing to remain a commissioner. The grounds for her resignation included an assertion that because the Chairman would eventually become the subject of enquiry, it would be untenable to work with him as vice-chairman. Only in Kenya can one appear to gain the moral high ground without actually gaining it. Ms. Murungi and her fellow Commissioners should all have resigned if they felt that retaining Mr. kiplagat as chairman would compromise the work of the Commission. It is not enough to make statements that amount, asically, to nothig without acting on the strength of your convictions.
I can only posit that the reason why none of them has resigned is becuse of the attractive terms that they enjoy. As has been the trend since the Goldenberg Commission of Inquiry, fat paychecks tend to blind people to the wise decisions that must be taken to protect integrity. These Commissioners are no different from the allegedly perfidious politicians we have running this country. The recent attempt to carry out a palace coup against their chairman came in the same week that the City Council of Nairobi decided to spend a further KES 250 million on another cemetary. The irony should not be lost on you: taxpayers' monies are mere tokens to be shared out among the elite. Perhaps it is time we elected to do away with the TJRC in the interests of the nation. It can be constituted later when we have gone through the Referendum and the process of the implementation of the new Constitution is well underway. Otherwise, we will kep burning millions of shillings with nothing to show for it.
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