Finally, Ambassador Bethwel Kiplagat has stepped down as Chair of the Truth, Justice and Reconciliation Commission (TJRC). Although this is a welcome relief after months of foot-dragging, Kiplagat’s departure was long overdue, given the massive opposition to his membership in the Commission, his besmirched history and, most importantly, his alleged role (implicitly or explicitly) in both human rights violations and unresolved political assassinations during the dictatorship of former President Daniel arap Moi.
When Dr. Robert Ouko, the late Kenyan Foreign Affairs Minister, was assassinated by the Moi dictatorship in February 1990, Kiplagat was serving as Permanent Secretary in Dr. Ouko’s Ministry. Investigations into the murder by both Scotland Yard detectives led by Detective Superintendent John Troon, together with two Commission of Inquiries which were set up during and after Moi’s departure, all met with lack of cooperation from Kiplagat. The former PS was increasingly seen by investigators as an agent of cover-up of the late Dr. Ouko’s assassination by virtue of his demeanor during investigations.
Consequently, it could have been anathema if a potentially tainted personality like Kiplagat were to head a key government Commission tasked with investigating past human rights violations and political assassinations especially those committed by a brutal regime that was led by known political gangsters who may have given him orders to act and abet in cover ups of gigantic proportions.
If TJRC were to walk the talk, Kiplagat carries more credibility as a witness in the know of what transpired during “the dark days” when thousands of Kenyans also lost their lives. Despite multiple investigations, the assassination of Dr. Ouko has not yet been resolved and it could be an unforgivable error if a potential witness were to head the very Commission seeking the truth that could lead to the much needed reconciliation in the country. For this reason, Kiplagat had to go regardless of the polemics.
Before the assassination of Dr. Ouko, Kiplagat’s name surfaced on several occasions to the effect that he may have played a role in the macabre Wagalla massacre in 1984, a brutal execution (by Moi’s security forces) of more than 400 Kenya-Somalis in North Eastern Province. According to various reports, Kiplagat visited the area a few hours before the massacre, a visit that came to haunt him as soon as he was named to head the Commission.
Kiplagat served Moi loyally for several years during the dictator’s 24 years of autocratic rule. The bulk of crimes TJRC is mandated to investigate were committed during the Moi dictatorship and even if Kiplagat were to emerge scot-free, the very fact that he held high office during the period under investigation disqualifies him from heading or sitting in the Commission.
Unfortunately, Kiplagat has been arrogant, defiant and nonchalant in the face of national ululations that he step down as head of the Commission and on grounds that he is “too tainted” to deliver justice. There are those who have tried to defend Kiplagat by advancing the argument that a person is deemed innocent until proved guilty. The fault line in this kind of argument is that it negates the reality that Kiplagat is himself a potential witness to the crimes under investigation. It is not possible for the Commission’s Chair to stop proceedings to enter into the witness box to give evidence thus the undying calls that have been demanding that Kiplagat ought to step down.
It is unfortunate that a Tribunal had to be set up to investigate Kiplagat before he could give room, given the odds that were so much against him. Now, the country will have to wait for another six months as the Tribunal does its work before compiling a report that will finally seal the fate of Kiplagat.
In the process, a lot of time that could have been used to implement the agenda of the Commission will go to waste because of Kiplagat’s recalcitrance. It could have been better if Kiplagat called it a day to reflect on his life in government during the period when the crimes under investigation were committed instead of chest thumping and hopeless displays of machismo over an issue that is of national importance. In fact, if a government committed to fighting impunity were to take power in Kenya, the likes of Kiplagat could have been serving long prison sentences, not trying to head truth Commissions.
Kiplagat’s cheap theatrics in the face of calls for his resignation have been gratuitous and uncalled for. His obstinate opposition to public outcry that he quit is pathognomonic of the contempt with which former KANU apparatchiks imposed their will on the people of Kenya with unbridled impunity. If the Tribunal establishes that Kiplagat has a case to answer, he should be made to face the law and if found guilty, he should be sent behind bars for the rest of his life along with any other collaborators in former governments who might be found equally guilty.
Okoth Osewe
About the Author
Ambassador Bethwel Kiplagat’s resignation was really long overdue. Some Kenyans argued that he was being lynched without being given a hearing; so they had put a very strong case for him. First and foremost, it is very obvious for anyone who understands the principle of conflict of interest to note the same in this case – it is just plain common sense.
The TJRC is meant to first unravel the injustices, seek retribution or restitution for the victims and eventually reconciliation, while it seeks forgiveness for the transgressors. Reconciliation can only come about once the truth is told, justice sought where necessary, and then eventually bury the historical injustices.
Bethwel Kiplagat is a perpetrator of historical injustices by virtue of having served the regimes that carried out such atrocities. In equal measure, it would be futile to ask say, Koigi Wa Wamwere, to chair the same. He is already prejudiced as a victim and would not be rational in seeking reconciliation. Chances are, he would have been blinded by vengeance.
The same goes for Kiplagat who might have been guided by a desire to protect his political benefactors from the period when these atrocities were committed. We must remember that he served at the pleasure of some individuals and perhaps owes who and what he is today, the chances he was given by these fellows, some of whom we may be soon investigating.
He could have found himself in a dilemma, whether to get the whole truth, nothing but the truth out. Why take chances when we know there are factors that might have hindered his clear conscience to dig up injustices?
Kiplagat thus started from a limping position in terms of credibility and this is not good for the onerous task and the historical importance the TJRC needs to achieve for this country; healing.
There are about 36 million Kenyans, a good number of whom would be credible to hold such a position by virtue of age, experience, credibility and acceptablity.
Justice has eluded this nation for a very long time. The TJRC will mean nothing if it does not help this nation to heal from the past and current. This is the reason why it is important that the people of Kenya are looking for a person they can trust. If the Chair is questioned, it is prudent that the Chair steps aside to allow the truth to be established. The world is also looking at Kenya.
This country at this time in history must not be confronted with obstacles in their road to seek justice. If that obstacle is the Chair of TJRC then the Chairperson, if he is a person of integrity, must move aside. Kenya is greater than one person.
Corruption is a crime, and therefore such people should be fired from their Public Positions and tried in Court like other criminal. Leadership of this country should understand that a criminal cannot be asked to step aside. They must be tried in Court. Corrupt people must be treated like criminals. Stepping aside has compromised judicial effort. It implies effort to avoid justice by the Political Class.
(Hon. Prof. Julia Ojiambo, The Labour Party of Kenya)
When Betty Murungi resigned as the Vice Chairperson of TJRC early this year citing Kiplagat’s credibility as its chairman, Justice Minister Mutula Kilonzo urged the Ambassador not to quit. Many wondered why Mutula was that supportive of Kiplagat not to step down.
It’s possible that Kiplagat knows what transpired in Ouko’s death, the Wagalla massacre and all bad things that the Kanu regime did. Mutula was a close allay of Moi and so he knew well that if Kiplagat remained, these issues wouldn’t be unmasked. But if somebody else takes the TJRC helm, beans will be strewn. Kenyans, there is more than meets the eye. Somebody somewhere culpable of the regimes atrocities want to veil something. Don’t you people smell a rat.
The Wagalla Massacre of 5000 Somali men should never be forgotten and those behind it should be brought to justice. Dictator Moi and many others in the current government planned and executed it using government security.
At that time Kibaki was vice president and head of the National Security Committee, the same one now headed by his henchman Muthaura. Senior government officials like former minister David Mwiraria, former PC Kaguthi who was then in office of the president, former army boss Kibwana and Ambassador Bethwel Kiplagat, former North Eastern PC Benson Kaaria, and another army boss Lt. Col. Muhindi, Police boss J.P. Gatui and many other top government officials were deeply involved.
Bethwel Kiplagat was obviously the wrong man to head the TJRC.
Watch links with testimonies from survivors: http://www.youtube.com/watch?v=s1dqAS_u0c4&NR=1
Inside story: Wagalla Massacre: http://www.youtube.com/watch?v=vph2COqQVP0&feature=channel
http://www.youtube.com/watch?v=w0WFMQUBw9k&feature=channel
http://www.youtube.com/watch?v=mauo6FTUZMg&feature=channel
http://www.youtube.com/watch?v=3u-Yl-zCevg&feature=channel
Read more information from books and available information online. Kibaki and Moi are brothers in committing crimes against humanity. The extra-judicial killings of over 5000 young Kikuyu men claimed to be Mungiki members and the PEV clearly exhibit how the two have abused their presidential tags.
Blood on the Runway: The Wagalla Massacre http://www.scribd.com/doc/2551019/BLOOD-ON-THE-RUNWAY-The-Wagalla-Massacre-of-1984
http://www.scribd.com/doc/48827503/The-February-10th-1984-Wagalla-Massacre-The-Untold-Story
http://www.scribd.com/mobile/documents/2579697/download?commit=Download+Now&secret_password=
Death in the Desert Part 1: The Wagalla Massacre
http://www.youtube.com/watch?v=SeM_2UBcaTU
Death in the desert Part 2: http://www.youtube.com/watch?v=6uX-T0zZ9Aw&feature=related
Death in the Desert Part 3: http://www.youtube.com/watch?v=qeOHp4bzg04&feature=related
Death in the Desert Part 4: http://www.youtube.com/user/kenyacitizentv#p/search/3/Av5VBivheOw
http://www.youtube.com/user/kenyacitizentv#p/search/2/DC6MHQf_cGM