why ambassador bethuel kiplagat should quit for kenya to attain ...

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explains why Bethuel Kiplagat’s Commission now finds itself attacked for some of its
members’ past roles in the subject matter they will be taking evidence from Kenyans on.
It’s a bad start for a process that was never likely to succeed in achieving truth, justice
and reconciliation. Such forms of transitional justice are usually successful after regime
changes and new democratic dispenstions. It is never wise to place transitional justice
institutions in the hands of members of the ancien regime. It was always going to be
difficult, but surely not impossible, to find Kenyans of sufficient credibility and stature
who could serve as Commissioners of a credible unchallengeable Truth Commission. It
was always going to be easier to ignore the instinct for self-interest, self-preservation and
the temptation to cover-up human rights violations. But the easy way, as in this Kenyan
case, often becomes the rigged or the foolhardy path. The persons who selected
Ambassador Kiplagat as Chairman of the Truth Commission presumably knew what they
were doing but history will always demonstrate that ancien regime actors do not make the
best transitional justice mid-wives. Whatever their reasons, personal or ideological, those
who appointed the Kenyan Truth Commission have damaged the prospects of the
Commission’s success terminally.
We go on record to say that we are concerned about the credibility deficit of the
Chairman and a couple of other commissioners of the Truth Justice and Reconciliation
Commission. The situation is deteriorating to the extent that even television straw polls
now show that no sensible Kenyan is likely to believe in Truth, Justice or Reconciliation
delivered by processes such as the Truth Commission headed by a retired public officer,
whose career apex coincides with the height of gross human rights violations, and who
spent this part of his career publicly denying that such violations were occurring.
Ambassador Kiplagat is known for his diplomatic sense. Surely he can see that ‘toughing
this one out’ is not an option? Gentlemen resign when their ability to deliver is
questioned by the intended beneficiaries of their work. This is not an admission. It is
recognizing that the point of the Truth Commission is to heal victims; to restore their
dignity not to irritate them; definitely not to cause any Kenyan victim or otherwise
unnecessary agitation. The healing work of the Commission is not severable. Just
because not every single category of victim is complaining doesn’t mean your mandate is
sound. Don’t demand that a tribunal be constituted against you under section 17 of the
Truth Justice Reconciliation Act. Do the right thing Ambassador Kiplagat. Quit for
Kenya.
We think that Parliament should, and really could, have done more enquiring for
Kenyans. It could have, and should have delayed its adjournment in late June for at least
a week to show Kenyans they were serious about who would sit on the Truth
Commission. This was, after all, the very last business of the entire parliamentary session
and the key work MPs were required to do was to ensure implementation of the letter and
the spirit of the Truth, Justice and Reconciliation Act 2008 and make it possible to
provide a free and reconciliatory forum to enable all interested victims and Kenyans
generally to deal with past injustices. Just how inadequate the prior scrutiny of the
members of the Truth Justice and Reconciliation Commission was, is demonstrated by
this complete record of the debate that preceded the appointment of the Kenyan Truth
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