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

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www.marsgroupkenya.org 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 www.marsgroupkenya.org 2
www.marsgroupkenya.org Justice and Reconciliation Commission last year. It doesn’t inspire confidence in Parliament as a vetting institution. Had there been a full debate in Parliament would Kenya have a more credible version of a Truth Commission? We think it would. ———— NATIONAL ASSEMBLY OFFICIAL REPORT Thursday, 25th June, 2009 The House met at 2.30 p.m. [Mr. Speaker in the Chair] Page 66 MOTION ADOPTION OF REPORT ON NOMINATION OF COMMISSIONERS TO THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION Mr. Abdikadir: Mr. Deputy Speaker, Sir, I beg to move the following Motion:- THAT, this House adopts the Report of the Departmental Committee on Justice and Legal Affairs on the Nomination of Commissioners to the Truth, Justice and Reconciliation Commission laid on the Table of the House on Thursday, May, 28, 2009. Mr. Deputy Speaker, Sir, the Truth, Justice and Reconciliation Act, 2008 is an Act of Parliament to provide for the establishment of the Truth, Justice and Reconciliation Commission and for connected purposes. Vide Part II of the Act, the establishment, powers and functions of the Commission are set out. The membership of the Commission is stipulated in the provisions of Section 10. The mandate of the Committee was to nominate nine persons for appointment to the Commission pursuant to the provisions of the Act. The Act, indeed, provides for a selection panel made up of nine members, including those listed in the Report. The Committee received the Report from the Selection Panel which they did after advertising and interviewing numerous people who intended to serve in this Commission. The Committee observed that in accordance with the Truth, Justice and Reconciliation Commission Act, the Selection Panel had invited applications from persons to be www.marsgroupkenya.org 3
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