THE KENYA TRUTH JUSTICE AND
RECONCILIATION COMMISSION
DELTA HOUSE
P.O. BOX 14641-00800
NAIROBI

ATTN: ALL COMMISSIONERS
ATTN: CEO TJRC, PATRICIA NYAUNDI

Dear Lord and Lady Commissioners,

RE:     COMPLAINT AGAINST AMBASSADOR BETHWELL KIPLAGAT FOR THE PURPOSE OF THE TRUTH JUSTICE AND RECONCILIATION COMMISSION “(TJRC)” TO RECOMMEND FURTHER INVESTIGATION AND/OR RECOMMEND PROSECUTION OF AMBASSADOR BETHWELL KIPLAGAT THE CHAIR OF THE TJRC

Following weeks of wide consultation and reflection, ICJ Kenya has come to the difficult decision that it must respectfully request you to consider and make a recommendation and/or order that Ambassador Bethwell Kiplagat the current Chair of the Kenyan Truth Justice and Reconciliation Commission be subjected to investigation following his conduct during and after his tenure as Permanent Secretary to the Ministry of Foreign Affairs.

Amb. Bethwell Kiplagat Chairmanship of the Kenyan Truth Justice and Reconciliation Commission has been the subject of contestation from several sections of the Kenyan public. We have endeavoured to understand the basis of these objections which we have classified into three spheres.

Firstly, there are allegations that because of Amb.  Bethwell Kiplagat position as the Kenyan High Commissioner to the United Kingdom and later as the Permanent Secretary in the Ministry of Foreign Affairs, that he may have information leading to the truth of the matter surrounding the death of the former Minister for Foreign Affairs, the Late Hon. Dr. Robert Ouko. It is noted that at the time of his death, that the Late Hon. Dr. Robert Ouko was the Minister of Foreign Affairs when Amb.  Bethwell Kiplagat was the Permanent Secretary. It has been pointed out in the public, that the independent investigation into the death of Late Hon. Dr. Ouko by the Metropolitan Police (New Scotland Yard) recommended that Amb.  Bethwell Kiplagat be subject to further investigations into the death of Late Hon. Dr. Robert Ouko.

Secondly, it has been pointed out that Amb.  Bethwell Kiplagat may have useful information on the irregular allocation of public land which took place in the past and which is an integral part of the investigations by the TJRC. It is incrementally asserted that he personally benefitted from the land allocation that is alleged to have been allocated irregularly. This issue and persons involved in this allegation shall come under direct investigation by the Commission.

Lastly, members of the public and civil society view Amb.  Bethwell Kiplagat as having knowingly and directly countenanced human rights abuses and/or consistently failed to unequivocally condemn such actions when he was in a position of authority and control in a past governance regime. This view is based on the fact that he held influential positions in a regime that was a major human rights violator, and whose acts form a major part of the inquiry at the TJRC. In particular, Amb.  Kiplagat has been implicated as having played a role in the Wagalla Masscare of 1984 which was a massacre of Somali Muslims in particular, those from the Degodia Community which occurred in the then Wajir Distirct. It is believed that he may have attended a meeting as the Wajir Distirct Committee that met a few days before terror was unleashed on the Degodia Community resulting in the death of approximately 5,00 people. These events were denied by the Kenyan government for many years claiming that it only around 57 people were killed in a security disarmament exercise, yet survivors and rescuers claims that thousands were shot, burned alive and other starved to death.

For these reasons Mr. Kiplagat is viewed as failing the most basic test of leading a truth seeking process- impartiality and integrity. As a result, his tenure as Chair of the TJRC might be disruptive and thus undermine the ongoing TJRC process.

The mandate of the Commission is intrinsically and ultimately people-driven and is derived from victims, members of the public and civil society organizations, who have fought hard to realize the establishment of a truth seeking process- the Kenyan TJRC.  They have the biggest stake in this process and now have wavering confidence in you as a Commission. Similar to the reasoning behind legal principle that “justice must be done and be seen to be done” the TJRC is a national process that needs to be endorsed by the public at all stages for the process to be successful. Therefore those who lead the TJRC should be acceptable to the people - a requirement that Amb.  Bethwell Kiplagat, the TJRC Chair fails to meet.

This application/complaint is supported by the sworn affidavit of Andrew Okiya Omtatah Okoiti which humbly requests the Commission to:

i.    In the first instance, grant the applicant and other representatives an opportunity to make submissions before the Commission and the public on the grave issues raised hereinabove;

ii.    Identify Amb.  Bethwell Kiplagat as a person who should be prosecuted for being responsible or  involved in human rights and economic rights violations and abuses;

iii.    Make recommendations with regard to prosecution of Amb.  Bethwell Kiplagat for being  responsible for or involved or associated or linked to human rights and economic rights violations and abuses in Kenya during the time of your mandate;

iv.    Inquire into the irregular and illegal acquisition of public land and make recommendations on the repossession of such land or the determination of cases relating thereto in relation to Amb.  Bethwell Kiplagat;

v.    Recommend specific actions to be taken in furtherance of the Commission’s finding per section 48 1 (d) in particular the interdiction of Amb.  Bethwell Kiplagat as the Chair of the TJRC; and

vi.    Make any other such orders and recommendations that the Commissions feels are just and expedient.

Yours faithfully,


George Kegoro                    
Executive Director
The Kenyan Section of the International Commission of Jurists