|
|
Post by Titchaz on Jan 4, 2012 23:39:35 GMT 3
|
|
|
|
Post by adongo23456 on Jan 5, 2012 0:10:30 GMT 3
titchaz,
I almost fell off my chair with laughter. Eti he is back in his office "with a bang" according to him. Apparently the bang means sitting on empty chair and reading newspapers. Talk about some bang. This man is just pathetic. He has disgraced himself into complete lunacy. Just like Kivuitu he will die a miserable loser and failure. I saw Kivuitu in some video here and I felt sorry for him. So bitter and so hated almost universally. It drives them nuts. The things they do to serve their masters and the misery they turn themselves into is just sad to see.
Kiplagat should have resigned a long time ago to preserve whatever little dignity he had left but in Kenya they make fools of themselves until they are buried in their graves.
As to the TJRC, we gave up on that a long time ago. They are going to write some report and we don't care much about it. For us in the Nyayo Chamber Torture stream we took our matter to court and have won every single case and counting. Attempts by the AG to hide under the TJRC as offering a solution has been ridiculed and rejected by courts. Kiplagat can read all the newspapers he wants while farting at the TJRC office. We don't give a shit about him. Kazi inaendelea as we speak.
|
|
|
|
Post by Onyango Oloo on Jan 5, 2012 0:37:58 GMT 3
I have a history of standing by very unpopular Kenyans who are the object/target of scorn, condemnation and ridicule. For my stance in support of Ambassador Kiplagat, I was pilloried, vilified and mothballed by very many of my comrades and close friends: demokrasia-kenya.blogspot.com/2010/02/in-defence-of-ambassador-kiplagat.html But the Standard embellished its story somewhat. The TJRC moved from Delta House in Westlands to its new digs at the NHIF building in Upper Hill MANY MOONS ago. Onyango Oloo
Nairobi, Kenya |
|
|
|
Post by adongo23456 on Jan 5, 2012 1:13:34 GMT 3
Oloo,
I actually took more or less of a similar stand and sent my concerns to the KPTJ and asked our good comrade Muthoni Wanyeki to post my concerns on the KPTJ website which she did.
My emphasis was on the fact that some of our comrades had taken the TJRC matter to court without bothering to widely consult with the victims and survivors. Suffice to say it was quite a discussion. My premise was that we do not need to focus on Kiplagat. I thought with a little creativity we could do the work that needed to be done with or without Kiplagat. In fact I argued we were wasting time with the Kiplagat brouhaha.
However in the course of time any defense or sympathy I had for Kiplagat has completely evaporated. The evidence provided against him at the beginning of the "Tribunal" called to investigate him was quite damning. Kiplagat's own move to sabotage the Tribunal with his own court case blocking the Tribunal speaks volumes about him. It seems he wants it both ways. He is afraid to face even a lame Tribunal appointed by Kibaki and keeps whinning that he is being condemned without a hearing. When the hearing is launched he wimps to court to block it and waits for the Tribunal time to expire. That is just terrible.
Kiplagat if he had any consciense would have let the victims of state terrorism have their say and let history judge him and them. Instead he has succeeded indestroying the entire TJRC and he seems very proud of his success!
Kiplagat has turned it all about himself in a sickening bravado of selfishness. May his soul rot in hell one day. I will probably meet him there and they are going to need the devil's army to keep us apart.
I have lost all respect for Kiplagat and actually feel bad that I had to go to bat for such a selfish creature. But life goes ON. Nice to know the Standard strory may be another smoke and mirrors from our beloved media. What else is new?
|
|
|
|
Post by furaha on Jan 5, 2012 5:15:11 GMT 3
I wish we could assume, as some suggest, that the TJRC has become irrelevant and that it doesn't matter whether or not Kiplagat is back. Even though I am not a great believer in the commission we should not lose sight of the fact that it has been trying to make itself relevant with all the hearings it has been conducting around the country. The commission plans to submit a report with its findings and recommendations some time this year. And it is highly likely that parts of the report will not be appreciated by the powers that be or used to be...
So let's ask ourselves, why is Kiplagat coming back now? Is he fulfilling his personal new year's resolution or is there more to this? Who is backing him, if not encouraging him, to return at a time when the TJRC is starting to think about its final report? Could it be that some folks want to prevent certain findings and recommendations from seeing the light of day?
I don't have the answers but I become suspicious when I see Kiplagat returning. He cannot be acting alone on this. That would be stupid and reckless. If you are putting yourself in the limelight like this you know that you will receive buckets full of criticism. So you make sure your support is in place before you act...
Is Kiplagat a masochist or could he have been encouraged or even pushed by, for example, the Office of the President or other politicians who would like to continue with business as usual.
On occasion some TJRC members have indicated that they would resign if Kiplagat returned. Are they now being pushed to make that threat a reality? The TJRC collapses into oblivion and is never heard of again?
Just asking.....
Furaha
|
|
|
|
Post by job on Jan 5, 2012 8:54:41 GMT 3
Furaha,I actually agree with your sentiments & line of rhetoric questioning. Wow! Look at the timing of the choreography! Kiplagat’s return (‘with a bang’) is probably orchestrated right from the apex of State. The sensitive season of 2012 politics is now with us and housekeeping of pending explosive matters is apparently on. Kiplagat may be back to facilitate the finalization and transfer of the TJRC report into the State archives. In the eyes of the ruling elite, the respective legacies of Kenya’s three Presidents (Jomo, Moi & Kibaki) must not be tarnished by the so called TJRC. After collecting all those details on human rights violations and abuses (Torture, Wagalla massacre, extra-judicial assassinations, PEV etc); economic crimes (mega corruption scandals & irregular/illegal grabbing of public land); and misuse of public institutions for political objectives - Ambassador Kiplagat is now back, just in time before crucial TJRC reports are prepared. Despite deliberate government efforts at sabotage, under-funding, and subterfuge, the TJRC did a satisfactory job – probably enough to worry the impunity merchants in power. I remember their public hearings over the Wagalla massacre which led to this series: Part 1 (in an 8 part series) whose screening was later stopped abruptly.
The Truth that came out here points to the disturbing fact that the National Security Advisory Committee can actually participate in the murder of Kenyan civilians (the exact opposite of its mandate). Whether during the Wagalla massacre, land clashes or PEV, things appear to remain the same. On land grabs, corruption, abuse of office, it all appears the same. And it appears - powers aren't willing to let the truth come out after all. I predicted earlier (in some old thread) that this regime isn't the right one to facilitate a real TJRC.
|
|
|
|
Post by tactician on Jan 5, 2012 14:44:44 GMT 3
titchaz,I almost fell off my chair with laughter. Eti he is back in his office "with a bang" according to him. Apparently the bang means sitting on empty chair and reading newspapers. Talk about some bang. This man is just pathetic. He has disgraced himself into complete lunacy. Just like Kivuitu he will die a miserable loser and failure. I saw Kivuitu in some video here and I felt sorry for him. So bitter and so hated almost universally. It drives them nuts. The things they do to serve their masters and the misery they turn themselves into is just sad to see. Kiplagat should have resigned a long time ago to preserve whatever little dignity he had left but in Kenya they make fools of themselves until they are buried in their graves.As to the TJRC, we gave up on that a long time ago. They are going to write some report and we don't care much about it. For us in the Nyayo Chamber Torture stream we took our matter to court and have won every single case and counting. Attempts by the AG to hide under the TJRC as offering a solution has been ridiculed and rejected by courts. Kiplagat can read all the newspapers he wants while farting at the TJRC office. We don't give a shit about him. Kazi inaendelea as we speak. So kiplagat should have resigned on the basis of allegations - yet when it comes to nancy baraza the tune changes? |
|
|
|
Post by adongo23456 on Jan 5, 2012 15:14:57 GMT 3
titchaz,I almost fell off my chair with laughter. Eti he is back in his office "with a bang" according to him. Apparently the bang means sitting on empty chair and reading newspapers. Talk about some bang. This man is just pathetic. He has disgraced himself into complete lunacy. Just like Kivuitu he will die a miserable loser and failure. I saw Kivuitu in some video here and I felt sorry for him. So bitter and so hated almost universally. It drives them nuts. The things they do to serve their masters and the misery they turn themselves into is just sad to see. Kiplagat should have resigned a long time ago to preserve whatever little dignity he had left but in Kenya they make fools of themselves until they are buried in their graves.As to the TJRC, we gave up on that a long time ago. They are going to write some report and we don't care much about it. For us in the Nyayo Chamber Torture stream we took our matter to court and have won every single case and counting. Attempts by the AG to hide under the TJRC as offering a solution has been ridiculed and rejected by courts. Kiplagat can read all the newspapers he wants while farting at the TJRC office. We don't give a shit about him. Kazi inaendelea as we speak. So kiplagat should have resigned on the basis of allegations - yet when it comes to nancy baraza the tune changes? I hope a few facts will not spoil the story for you. If you noticed I said very clearly that I am one of those who felt fighting Kiplagat was a misguided plan and a waste of time. I wrote a very detailed perspective from myself and sent it to Muthoni Wanyeki, then the ED of Kenya Human Rights Commission (Non Profit and not to be mistaken with KNCHR). Ms Wanyeki was one of the leading figures in the human rights movement and was part of the team working on the TJRC agenda.( Ms Wanyeki no longer works for KHRC after serving for more than 10 years as the ED and is still one of the leading figures in the human rights movement in Kenya) Ms Wanyeki posted my concerns on the Kenya Peoples for Truth and Justice (KPTJ) website and it was widely debated by the members many of whom are themselves victims and survivors . Secondly as opposed to the Nancy Baraza, multiple story versions every five minutes, even from yourself, Kiplagat was finally given a chance to clear his name through a tribunal appointed by President Kibaki and headed by Prof. Onesmus Mutungi. This was a perfect opportunity for Kiplagat to come clean and stop whining that he was being condemned without a hearing. What did Kipalagat do after the Tribunal was set up? He went to court to block the Tribunal from hearing the case after damning evidence started coming forth against him including evidence that he was in Wagalla hours before that horrible massacre, participated in a meeting and was likely part of the team that approved of the massacre. Kiplagat went to court and the Tribunal was suspended since the matter was before the court. So you tell me, if Kiplagat was innocent wouldn't he have jumped at the chance to clear his name? Why did he go to court to block the tribunal? You be the judge but my common sense tells me he was scared of facing the truth. Shamelessly enough as soon as the time for the Tribunal expires the little coward runs to the TJRC offices to confuse the gullible and uninformed to think he has been cleared. Some of us are not that vulnerable. So comparing the Kiplagat total fiasco to the Nancy Baraza case is worse than comparing apples to oranges. At least both are fruits. In this case we have one person, Kiplagat, running from scrutiny and declaring innocense by force while the other (Nancy Baraza) has submitted herself to scrutiny as should be the case. Those are the facts. Like I said facts can be very stubborn things sometimes regardless of how we feel about them. Facts simply do not care about feelings. They are cold blooded in the best of times. |
|
|
|
Post by tactician on Jan 5, 2012 15:24:14 GMT 3
funny how loud the silence from the human rights activists is.
If this was a minister accused of this, we would have heard from Omar Hassan, KHRC, KNHRC, FIDA, ICJ, ICTJ, Ndung'u Wainaina etc by now
|
|
|
|
Post by adongo23456 on Jan 5, 2012 16:18:07 GMT 3
funny how loud the silence from the human rights activists is. If this was a minister accused of this, we would have heard from Omar Hassan, KHRC, KNHRC, FIDA, ICJ, ICTJ, Ndung'u Wainaina etc by now Are we still talking about Kiplagat or have we switched gears here? In any event I think the Nancy Baraza story has a whole thread to itself rigth here on Jukwaa. I will take any concerns I may have about the "loud" silence from the human rights and civil society groups there. Still I intend to respond to the very legitimate issues raised by furaha on the TJRC and the Kiplagat shameful charade. Laters. Now I am headed to a meeting as my first duty at work today. Cheers. |
|
|
|
Post by adongo23456 on Jan 5, 2012 19:50:39 GMT 3
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Jan 5, 2012 20:02:35 GMT 3
Adongocan you please stop using the idiot word? I am cognizant of the fact that you have justifiable rage at this man given the fact that you were detained and tortured. However, we can not call out other folks on this sort of language while you use the same and get away with it. Oloo was calling people names too and I'm going on record to say that it shouldn't be. I too want to hurl insults, but if we all did that what will happen to this forum? And also, why are you making fun of mental illness? He is not insane. People do cruel and despicable things while they are lucid and sane. Mental illness is a disability for which folks shouldn't be discriminated against.
|
|
|
|
Post by adongo23456 on Jan 5, 2012 20:12:47 GMT 3
Adongocan you please stop using the idiot word? I am cognizant of the fact that you have justifiable rage at this man given the fact that you were detained and tortured. However, we can not call out other folks on this sort of language while you use the same and get away with it. Oloo was calling people names too and I'm going on record to say that it shouldn't be. I too want to hurl insults, but if we all did that what will happen to this forum? This is not about me having any rage with Kiplagat. I would hardly waste my rage on him. The man is acting like an idiot and I for one do not believe that we can ban words like "idiot" when we are sourrounded by so many. Even in the worst form of censorship you cannot ban words, but slurs and such are fairly prohibited in respectable fora. As for words, I think it is a matter of context and what people are dealing with. The dude that was banned I believe had a lot other things to deal with and was outrightly abusive. I am not abusing Kiplagat by any stretch of imagination. If they start banning words like "idiot" etc from this site I will quit Jukwaa in one second. To his credit Oloo did not tell us that he has banned any words. I believe slurs are correctly banned. "idiot" etc are not slurs. I have been an idiot here in jukwaa many times and if people want to call me that they know I have both hands ready for combat and more. About mental illness, I agree. It is an insult to people with such issues, who may include me, to be lumped with the likes of Kiplagat. But his actions here strikes me as delusional in many respects. Thanks. |
|
|
|
Post by justfacts on Jan 5, 2012 20:38:37 GMT 3
The attempts this man has made to remain unaccountable to the public raises suspicion that he has got skeletons in his kabati.
He is now taking up the antics of Atwoli, Omtata and Orie Manduli but the comparison end where the trio are motivated by attempts to champion 'worthy' causes while this old man appears more and more to be chasing a paycheck while acting an agent for mischevious others.
A respectable public servant does not fight tooth and nail for office using dodgy tactics like this Mzee, but master the courage of Githongo and Lumumba to step aside when they feel they are not able to deliver on their job due to 'outside forces.'
What is it with irrelevant old men who think they can lord over us after lame attempt to launder their past through media statements.
Kiplagat should start a club with Kivuitu if he feels the urge to keep himself busy as surely he doesn't deserve to hold public office let alone lecture a Sunday school on ethics.
That he is this desperate to head efforts to address our dark and violent past with TRUTH and JUSTICE makes it even more sad.
|
|
|
|
Post by Daktari wa makazi on Jan 5, 2012 20:51:21 GMT 3
Adongo
I wanted to respond to your views on Kiplagat which I don't agree with but time doesn't allow me. I will create time and definitely write something tomorrow.
|
|
|
|
Post by adongo23456 on Jan 5, 2012 21:40:50 GMT 3
Adongo I wanted to respond to your views on Kiplagat which I don't agree with but time doesn't allow me. I will create time and definitely write something tomorrow. No problem. I am actually going to find my original piece on this issue which I believe was posted here in Jukwaa and also at the KPTB website. |
|
|
|
Post by job on Jan 6, 2012 1:53:23 GMT 3
Eerie silence at the Justice Ministry! What's up Mutula? Was this a trial run...by the ruling elite...to test the waters? I guess the Chief Justice should just move with speed and reconstitute a fresh tribunal to vet the mountain of allegations against Kiplagat. Meanwhile TJRC should move to Coast next week and resume their duties. Thanks to this free publicity, I'm hoping disenfranchised and marginalized wananchi at the Coast will now come to testify in droves. TJRC's Statement on Ambassador Bethuel Kiplagat www.tjrckenya.org/index.php?option=com_content&view=article&id=525:tjrcs-statement-on-ambassador-bethuel-kiplagat-&catid=1:tjrc-news&Itemid=187The Truth, Justice and Reconciliation Commission has clarified that Ambassador Bethuel Kiplagat has not resumed his duties as Chair but continues to await the outcome of a tribunal into his suitability as Chair of the Commission.
Acting Chair Tecla Namachanja Wanjala said in a statement today that it was important for Ambassador Kiplagat and the Commission that the matter be expedited.
“The Commissioners and I note that the mandate of the tribunal set up by the former Chief Justice lapsed pending the determination of a court case brought by Ambassador Kiplagat challenging it. While Ambassador Kiplagat has since withdrawn his court challenge to the tribunal, the issues that informed the setting up of the tribunal have not been resolved,” Ms. Wanjala noted.
She said the Commission was too far advanced in the execution of its mandate to have its work derailed by another round of sideshows surrounding the credibility of the Chair.
“TJRC has held hearings in most parts of the country and heard from 530 witnesses after having received more than 30,000 statements and 600 memoranda from various communities. We are due to begin public hearings at the coast region, followed by thematic and institutional hearings; write our report and make recommendations for delivery to the President and the people of Kenya in May,” Ms Wanjala pointed out.
She said the tribunal did not report back its findings nor had the appointing authority made any decision. Ms. Wanjala further noted that since the Commission had neither received any official communication from the Ministry of Justice, National Cohesion and Constitutional Affairs on the resumption of Ambassador Kiplagat as Chair nor held any discussions with him on the matter, Kiplagat could not walk into the office without these decisions. Way Clear for Kiplagat Tribunal www.tjrckenya.org/index.php?option=com_content&view=article&id=517:way-clear-for-kiplagat-tribunal&catid=1:tjrc-news&Itemid=187Chief Justice Dr. Willy Mutunga can now go ahead with a tribunal that would determine the suitability or otherwise of Mr. Bethuel Kiplagat as Chair of the Truth, Justice and Reconciliation Commission after the latter withdrew his application challenging the power of the Chief Justice to set up a tribunal to investigate his conduct.
His lawyers withdrew application today when they appeared before High Court Judge Mohammed Warsame. This paves the way for the Chief Justice to either reconstitute a tribunal or set up another tribunal to investigate Mr. Kiplagat’s conduct.
In November 2010, then Chief Justice Evan Gicheru set up a special tribunal into the conduct of the Truth, Justice and Reconciliation Chair following widespread allegations that he was unsuitable for the position owing to his past roles as a public servant. Mr. Kiplagat’s appointment was from the outset faulted by critics and victims who have adversely mentioned him in relation to the Wagalla Massacre and the murder of Foreign Affairs Minister Dr. Robert Ouko.
The tribunal’s mandate included investigating the conduct of Mr. Kiplagat in relation to allegations that his past conduct ‘erodes and compromises’ his legitimacy and credibility to chair the TJRC; whether Mr. Kiplagat’s past was riddled with unethical practices and absence of integrity; whether he was linked to, involved in or associated with incidents considered to amount to abuse of human rights or whether he is likely to be a witness in the same matters that the TJRC was established to investigate.
In February the tribunal began to invite those with complaints or information regarding the past conduct of Mr. Kiplagat which eroded his suitability to chair the TJRC, to submit them to them to the secretariat.
Mr. Kiplagat then filed a judicial review application seeking orders to stop the tribunal from going ahead with investigations into his past conduct until his case was determined.
He contended that the tribunal could only investigate a question of his removal from office in relation to his conduct after his appointment as TJRC Chair.
In April, High Court Judge Aggrey Muchelule issued an order suspending the tribunal inquiry set to have begun on 27th April 2011 until the case Mr. Kiplagat had filed was determined. |
|
|
|
Post by adongo23456 on Jan 6, 2012 2:44:32 GMT 3
Thanks [video src="https://www.youtube.com/watch?v=job "][/video]for posting the TJRC letter which our main stream media has so far ignored and only quoted snippets that could not make much sense. That was a very clear statement from the acting TJRC chair.
The ball now is with the Chief Justice Dr. Mutunga to immidiately constitute a new Tribunal or re-activate the old one to finish the hearings on Kiplagat.
I also notice with interest that Kiplagat a few days ago withdrew the court case he filed to try to kill the Tribunal. It must have been a collosal miscalculation by Kiplagat and his ping pong masters to imagine that all he needed was to wait for the time for the tribunal to elapse then he withdraws his case and bingo he is back at the helm of the TJRC. That plan has flopped miserably but don't count out Kiplagat NOT to institute another case as soon as another tribunal is established. This man is a fox with NO consciense.
Whatever the case one of my concerns with the TJRC is that the public hearings have been scattered all over the place. One day it is about Wagalla massacre and the next day it is about killings in Mt Elgon.
I am glad to know that they intend to carry out thematic and institutional hearings so they can focus on specific areas like Nyayo House torture activities, land grabbing, historical injustices, the sequence of election violence and displacement of population groups, ethnic cleansing, rape and violence against women as a tool of repression etc etc .
Unless these issues are organised in the appropriate themes and systematically explored, the TJRC report will not capture the heart of the problem and could be haphazard. That has been my problem with the TJRC, with or without Kiplagat. If the TJRC is ready to go that direction they will have my support and that of very many Kenyans sitting on the sidelines.
|
|
|
|
Post by b6k on Jan 6, 2012 6:45:31 GMT 3
The tribunal’s mandate included investigating the conduct of Mr. Kiplagat in relation to allegations that his past conduct ‘erodes and compromises’ his legitimacy and credibility to chair the TJRC; whether Mr. Kiplagat’s past was riddled with unethical practices and absence of integrity; whether he was linked to, involved in or associated with incidents considered to amount to abuse of human rights or whether he is likely to be a witness in the same matters that the TJRC was established to investigate. This is a good development. Integrity of individuals in public office is not negotiable. They must really be "safi kama pamba!" As long as this is made the gold standard across all institutions then we may have some hope to usher in a new KE... |
|
|
|
Post by Onyango Oloo on Jan 6, 2012 12:15:37 GMT 3
The good thing is that we are very fortunate here in Jukwaa to have at least ONE of the TJRC Commissioners as a signed up, registered member of Jukwaa.
He may chose to clarify issues here.
Onyango Oloo
Nairobi
|
|
|
|
Post by furaha on Jan 7, 2012 3:35:42 GMT 3
This is a link to a Kiplagat story in today's Saturday Nation. www.nation.co.ke/News/politics/Kiplagat+demanded+access+to+documents/-/1064/1301346/-/b1v5ms/-/The article refers to a statement the TJRC commissioners sent to news rooms in the evening of 6 January. I copy this statement below and apologize for not yet being able to source it. It ended up in my inbox but it is not yet up on the TJRC web site. The statement confirms my suspicions, voiced two days ago, that Kiplagat might be trying to interfere with the final outcome of the TJRC, its final report with findings and recommendations. He appears to have been very keen to lay his hands on transcripts of hearings and other sensitive material. On Wagalla? On land? on PEV? Could this mean that he is indeed out to influence the content of the final report? Or is he just a sad old man gone crazy? He is probably not acting on his own and has support from high places. Notice also the reation by Mutula Kilonzo who seems to prefer to look away from what is happening. I find it interesting that the Baraza case is generating such enormous interest - although I too believe that she has some serious questions to answer - while the Kiplagat case remains low-profile compared to Baraza's. Yet we are dealing with a possible effort to undermine the outcome of an independent commission by someone who over the past few years has shown that at best he is probably economical with the truth. Oh impunity! Furaha Here is the statement by TJRC commissioners sent to news rooms last night.1. We are shocked that for the third day in a row Ambassador Kiplagat has arrived unannounced at our offices and forcibly seized the office of our acting Chair. To date we have received no direct communication from Ambassador Kiplagat, our parent Ministry, or any other authority indicating that Ambassador Kiplagat has the authority to return to the Commission. 2. We are further shocked that Ambassador Kiplagat has demanded access to documents related to our final report. We are told that he announced to staff present that he had returned to “shape the final report.” When he was informed that there was a Commission policy for accessing documents related to the Final Report, he demanded that the staff ignore that policy and hand over the documents immediately. When he was again refused the documents he threatened to call the police to have staff and if necessary the CEO of the Commission arrested. We deplore any attempt by Ambassador Kiplagat or any other person to intimidate our staff with the aim of influencing our Final Report or compromising the confidentiality and integrity of our investigations and Final Report. 3. We want to emphasize that no documents or other information have been given to Ambassador Kiplagat, and none will be given to him until the legal issues surrounding his status as a member of the Commission have been determined pursuant to the rule of law. 4. In November last year Ambassador Kiplagat voluntarily withdrew his legal challenge to the establishment of a tribunal to investigate his suitability as a Commissioner. Unfortunately the life span of the original tribunal had expired in April 2011. Given that Ambassador Kiplagat withdrew his legal challenge, and given that the tribunal is yet to be reconstituted so it can complete its work, we emphasize that the substantive issue of whether Ambassador Kiplagat should remain a member of the Commission has yet to be determined pursuant to the rule of law. 5. On 12 April 2010, Ambassador Kiplagat joined all eight other commissioners and signed a letter to the Ministry of Justice requesting that the Ministry request the establishment of a tribunal to investigate the allegations against Ambassador Kiplagat. The letter concluded by stating, “We write this letter to you on the basis of a unanimous decision we have taken as a Commission at our meeting this afternoon, on 12 April 2010. We write to request this tribunal so that the Commission may move forward with its work. With that aim in mind, our Chairman has graciously agreed to step aside temporarily until the tribunal process has reached its conclusion.” A copy of the signed letter is attached. 6. On 2 November 2011 Ambassador Kiplagat released a signed media statement in which he stated, “I would like to state clearly that I, indeed, very much welcome the decision of the Chief Justice to ascertain the truth concerning the allegations that have been made against me. Right at the beginning and repeatedly thereafter, I have maintained the need for this matter to be addressed fairly and decisively, according to the rule of law.” (Emphasis in original) 7. In that same media statement, Ambassador Kiplagat stated that he “see the Tribunal as an opportunity to finally put any doubts about my credibility to rest once and for all.”
8. Again in that same media statement, Ambassador Kiplagat stated “In order to allow the Tribunal to carry out its mandate, I am, therefore, as of today, stepping aside from my day to day responsibilities at the TJRC.” A full copy of the signed media release is attached.
9. We urge the Chief Justice to either reconstitute the original tribunal or establish a new tribunal pursuant to Section 17 of our Act to address through an impartial legal process the issues surrounding Ambassador Kiplagat.
10. We note that Ambassador Kiplagat has already appeared before the Commission as a witness with respect to the Wagalla Massacre, and that he has been adversely mentioned in our statements and public hearings. We also note that we will be calling Ambassador Kiplagat again as a witness in connection with our hearings on political assassinations and land.
11. We are dismayed to learn that Ambassador Kiplagat has threatened to reveal information about corruption within the Commission. Like all Kenyans we are extremely concerned about corruption, no matter where it may occur. Our mandate requires that we investigate and make recommendations with respect to grand corruption, and we reiterate how seriously we take this and all other parts of our mandate.
We urge Ambassador Kiplagat to immediately disclose to the Commission and the relevant authorities any evidence he may possess concerning corruption, whether within the Commission or elsewhere in Government. If he does not have such evidence, then we demand that he cease attempting to intimidate the Commission and its staff with such allegations.
12. We therefore hereby reiterate our request to Ambassador Kiplagat to immediately cease and desist from forcibly entering the offices of the Commission and the offices of individual Commissioners. We also reiterate our request that he immediately cease and desist from intimidating our staff with the aim of “shaping” the Commissions final report. (See attached letter from the Commission to Ambassador Kiplagat dated 6 January 2012)
13. The Commission continues with its work, and will commence hearings in the Coast region during the week of 9 January 2012 as originally planned. We want to emphasize that status of Ambassador Kiplagat as a member of the Commission is yet to be decided, and therefore he will not be participating in the public hearings of the Commission at the Coast or anywhere else until the issues concerning his membership have been duly determined fairly and decisively according to the rule of law.
|
|
|
|
Post by jakaswanga on Jan 7, 2012 10:48:04 GMT 3
The good thing is that we are very fortunate here in Jukwaa to have at least ONE of the TJRC Commissioners as a signed up, registered member of Jukwaa. He may chose to clarify issues here. Onyango Oloo
NairobiI would certainly welcome this clarification to the hilt. I have been a bad feeling about the CEO Nyaundi of TJRC and this other lady of Tecla, Namachanja Wanjala. Why: 1.Kiplagat was suspended november 2010. 2. May 3 2012 the TJRC reports should be complete. 3. In all this time, the status of Kiplagat has not been cleared. Leading to a confusion in which he could return and discharge his duties from 9 am to 1 pm! [ to influence the final report!]. In the past year Kiplagat has been using the law to curtail any meaninful resolution. The ladies wallowing in inertia. My bad feeling about the two ladies is they have been slow to the point of incompetence. Kiplagat was going to use every delaying tactic in the law book to keep himself in job, also consedering that his private mandate was to exonerate certain people -- influence the final draft! He was a trojan-horse.With a limited period of time by which the TJRC had to finish their job, the CEO and the remaining M/s Cleans should have used every tactic in the book to have the issue cleared, avoid the confusion and power vacuum, and reduce Kiplagat to true irrelevance. Knowing Kiplagat had powerful backers in the system should even have increased the vigilance. Furaha,I read number 9 with a chuckle. By the time a new tribunal is launched, I suppose the current TJRC would have handed in their report and disbanded under the old mandate. Nyaundi has really slept well! And if the report in may is to be handed in without Kiplagat's editing, who knows, the old-fox may go to court to block its presentation! and the judge the rule in his favour! |
|
|
|
Post by mank on Jan 7, 2012 11:17:40 GMT 3
There can be no justification for having this man back on TJRC. Is it that no one else is qualified? He may not be guilty in the eye of the law, but he is so in the eye of a majority citizenry. That has to count ... there are ample upright people for the post. |
|
|
|
Post by adongo23456 on Jan 7, 2012 11:37:24 GMT 3
The good thing is that we are very fortunate here in Jukwaa to have at least ONE of the TJRC Commissioners as a signed up, registered member of Jukwaa. He may chose to clarify issues here. Onyango Oloo
NairobiI would certainly welcome this clarification to the hilt. I have been a bad feeling about the CEO Nyaundi of TJRC and this other lady of Tecla, Namachanja Wanjala. Why: 1.Kiplagat was suspended november 2010. 2. May 3 2012 the TJRC reports should be complete. 3. In all this time, the status of Kiplagat has not been cleared. Leading to a confusion in which he could return and discharge his duties from 9 am to 1 pm! [ to influence the final report!]. In the past year Kiplagat has been using the law to curtail any meaninful resolution. The ladies wallowing in inertia. My bad feeling about the two ladies is they have been slow to the point of incompetence. Kiplagat was going to use every delaying tactic in the law book to keep himself in job, also consedering that his private mandate was to exonerate certain people -- influence the final draft! He was a trojan-horse.With a limited period of time by which the TJRC had to finish their job, the CEO and the remaining M/s Cleans should have used every tactic in the book to have the issue cleared, avoid the confusion and power vacuum, and reduce Kiplagat to true irrelevance. Knowing Kiplagat had powerful backers in the system should even have increased the vigilance. Furaha,I read number 9 with a chuckle. By the time a new tribunal is launched, I suppose the current TJRC would have handed in their report and disbanded under the old mandate. Nyaundi has really slept well! And if the report in may is to be handed in without Kiplagat's editing, who knows, the old-fox may go to court to block its presentation! and the judge the rule in his favour! Lets at least be fair in assessing the work done already by the TJRC. It is pretty remarkable given that Kiplagat and his masters made sure half the time for the TJRC mandate was wasted fighting Kilagat until he lwas literally forced out to face the Tribunal. In as much as some of us have issues with the TJRC format as a whole under the present circumstances it serves no useful purpose to distort what is going and to resort to the good old cynicism of everything is lost kind of mantra. I say often that cynicism is a luxury many of us cannt afford. So lets clarify a few obvious things: 1. That the TJRC members had no role and no business having the Kiplagat case "cleared" during his suspension. TJRC members did the needful when they all signed a petition demanding that Kilagat be suspended to face a tribunal about his fitness to chair the TJRC. After that the TJRC had no role to play in the Tribunal process. It has an independent jurisdiction and it would be a mockery of the the process if the other TJRC members were to "use every trick in the books to have the issue cleared". The Tribunal headed by Prof. Onsemus Mutungi had the mandate to reach a verdict on Kiplagat's fitness based on evidence provided and not on crooked moves from the TJRC. It was Kiplagat himself, fearing to face the truth, who stopped the Tribunal with his court action. It is therefore unfair to accuse TJRC or the so called "ladies" of incompetence based on the fact that they were not crooked enough to hijack the Tribunal to do their bidding. 2. I do not think Kenyans, and certainly not the victims and survivors of state terrorism, want to see some fake report rushed through just to play games with Kilplagat and the conmen behind him. The report and recommendations has to reflect reality and for that to happen the TJRC has to gather real evidence on the ground to inform that report. They have been doing that with gusto, our criticisms not with standing. 3. From what we have seen and based on the clear letter written by the acting TJRC chair and the TJRC CEO which was posted by phil, it does not seem Kiplagat will hijack the TJRC process and write his own fake report. Kenyans will not allow him. Take that to the bank. 4. I find it disturbing that unlike the Nancy Baraza case where many are fuming and demanding instant justice, in the Kiplagat case the same people are wimping out and instead of calling out Kiplagat for his crude attempts to illegally mess with TJRC some like you are turning around to blame the TJRC and literally excuse Kiplagat's treachery as some work of justified cunning. What gives? 5. In the full scheme of things the TJRC has done a commendable job under the circumstances. They have a full 4-5 months to do a lot of stuff to round things up and they have indicated the public hearings in the Coast is on next week. The gem in the TJRC may very well be the 30,000 plus statements and testimonies they have recieved. You will find out what people like adongo Ogony have written to them even with all the misgivings we had about the process. 6. The TJRC report is going to be fine. I say this because I am very encouraged with the boldness and resolute nature the TJRC as a body has responded to Kiplagat's machinations. I was very encouraged by the letter posted by furaha which was in the DN. that is very re-assuring. The time when the Kilagats dictated terms to Kenyans are long gone and the TJRC may very well live to exceed the expectations of failure some had in mind. 7. I am going to personally urge the TJRC (in writing) to ensure they do the thematic hearings at least for the last 3 months before they do the report. Most of that evidence is already with the TJRC in terms of written testimonies. What we must have are some public hearings which can be winded down very fast. I think our emphasis as survivors of state terrorism in Kenya is to make sure we make lemonade from the bitter lemon the state tried to shove down our throats. That will be done. 8. Kiplagat is obviously working with the forces of impunity and hidden hands from the ministry of justice to try to engineer a fake report. The will not achieve their goals. They have already been busted at the gate. That is called a foiled robbery attempt. It is going to be hard for the robbers to regroup for another onslaught. Everybody on full alert. 9. This matter is now squarely in the hands of the Chief Justice who has a duty and obligation to either reconstitute the old Tribunal to hear the Kiplagat case or appoint a new one to do the same. It would be a great let down for Chief Justice Dr. Mutunga to sit on the sidelines as Kiplagat wrecks the TJRC once again. I am sure he won't judging by his quick response to the Nancy Baraza circus where he has followed the laid down procedure in a very timely manner. I think what needs to be done is for the complainants in the Kiplagat case to directly petition the new CJ to constitute a Tribunal now that all pending court cases have been dispensed with. Dr Mutunga as the CJ does not need any authorization from anybody else to set up a Tribunal but he sure needs a direct request for the same from concerned parties. This a matter fully under the CJ's jurisdiction. It took an arm and leg to get the former CJ, Mr. Gacheru to appoint a Tribunal. It should NOT require the same sideshows if Dr. Mutunga is to live to the expectations Kenyans have on him as our new CJ. Nobody will be asking him for a favour here. It will be all about him doing his job. I will be communicating with the friends who filed the case against Kiplagat over the weekend to find out what is being done. Rest assured these folks will not relent. The word surrender is not in their vocabulary. In the full scheme of things, it matters little that by the time the Kiplagat Tribunal finishes its hearing the TJRC might as well have winded up its work. That would be great actually, come to think of it. All Dr. Mutunga has to do is to invoke the fact that the court case blocking the Tribunal has now been withdrawn and the country and TJRC deserves to have a Tribunal reach a verdict on the Kilagat issue. I am very confident that will be done. |
|
|
|
Post by nereah on Jan 7, 2012 14:53:47 GMT 3
The good thing is that we are very fortunate here in Jukwaa to have at least ONE of the TJRC Commissioners as a signed up, registered member of Jukwaa. He may chose to clarify issues here. Onyango Oloo
Nairobiand guess who is here.... ;D remember slye that you owe me an answer... if you check the archived posts/thread on the shinanigans at tjrc. welcome back and glad to see you, again. |
|
