Kiplagat’s confession at TJRC necessary

Bethwel Kiplagat is a tainted man. He has a lot of rotten skeletons in his cupboard. But he is still the country’s best choice as the chairman of Truth, Justice and Reconciliation Commission (TJRC). Before he embarks on his daunting task, however, he needs to step down for a very short period and let his able assistant, Betty Murungi, take the chair as he becomes the first witness before the Commission to make a serious and genuine confession about his relations with Daniel Toroitich arap Moi. That way the country will establish authentic confidence and trust in the diplomat’s endeavors to heal its deep social, political and economic wounds. The more open Kiplagat becomes in his confessions, the more acceptable as a healer he will be to all Kenyans.

According to Section 7(2) (g) of the Truth, Justice and Reconciliation Act, Kiplagat will have powers, when he starts his job, to summon any serving or retired public officer to appear in person before his Commission to produce any document, thing or information that may be considered relevant to the function of the Commission. The country will eagerly wait to see whether the TJRC chairman will use that powers bestowed on him to summon former President Daniel arap Moi to explain to Kenyans how he became extremely wealthy when the majority of the people he ruled for well over 20 years don’t know where their next meal will come from. There is no way Kiplagat can avoid summoning Moi to also explain how he systematically violated Kenyans human rights. But before he does that, the TJRC boss must tell his own Commission publicly the role he played in assisting Moi in pulling down the country to its present low level of social, political and economic development.

Kenya is today struggling to develop politically after Jomo Kenyatta and Daniel arap Moi destroyed whatever achievements that were made by the gallant freedom fighters. This, the two leaders did by systematically amending the Constitution to give themselves despotic powers that ended up destroying all the rights and freedoms of the people. Under Moi and Kenyatta, Kenyans were denied freedoms of expression, association and assembly and, in some cases, freedom of movement. Jomo Kenyatta made sure only his own political party, Kanu, had the right to rule and when Daniel arap Moi took over, he made sure that that should be the case by a draconian law. Kiplagat may want to tell his Commission what role, as one of Moi’s top technocrats, he played in forcing the country to accept such a primitive political system.

Very important witnesses such as Koigi wa Wamwere and Njeru Kithangu who were jailed by Moi for political reasons have expressed misgivings about the authenticity and sincerity of Kiplagat’s TJRC because of his chairmanship. Koigi has said he will never appear before it because he has no confidence in it. Though Kiplagat will have powers to summon Koigi before his Commission, he should try to persuade the former detainee to give evidence willingly following his own confession. Kiplagat must tell his Commission what role he played in recommending to Moi, names of people to be detained. If he does not do so then he will have no moral authority to listen to Koigi’s sad story about how he was mistreated in jail by the former President.

Economically Kenya is potentially a very rich country. Today that wealth is enjoyed by a handful of people who were, by and large, connected to either President Jomo Kenyatta or President Daniel arap Moi. In the regimes led by the two leaders land was dished out to close relatives and selected few privileged people. Kiplagat must tell the Commission whether he was one of the few and whether or not he was one of those who made the selection. If he does not do so Kenyans will not take him seriously when he asks penetrating questions to those suspected of grabbing public land. The only way he can cleanse himself is by appearing before the Commission and making full confessions about what he knows and what he did to help land grabbers acquire more land illegally.

In both Kenyatta and Moi regimes top public jobs were only given to people of the same ethnic groups as the two Presidents. Indeed the trend has changed very little even today in Mwai Kibaki’s Government. Kiplagat was a top civil servant and diplomat under Daniel arap Moi. He had powers to hire and fire. People would like to know what role he played in advancing Moi’s nepotistic system of hiring ambassadors, permanent secretaries, Provincial Commissioners and District Commissioners. If he avoids telling the truth about this sensitive issue then he will lose the confidence Kenyans have in him as the TJRC chairman. The only way of putting the record straight is by appearing before Betty Murungi and calling a spade a spade, no matter how uncomfortable it may be to him.

Apart from jailing their political opponents without any trials, Jomo Kenyatta and Daniel arap Moi turned the Kenyan courts into instruments of political manipulations. Jails were full of political prisoners because there was no separation of powers between the Executive and the Judiciary. The independence of the Judiciary was destroyed by the two despots who had the sole powers to appoint, promote and demote judges and magistrates. What role did Kiplagat play, as one of Daniel arap Moi’s most trusted confidants, to assist him destroy justice in Kenya? Kenyans are eager to know the truth and only Kiplagat can give them that information. Before that, it will be difficult for people to believe that there will be any justice that can be done in this country through Kiplagat’s endeavours.

Through the leadership of Jomo Kenyatta and Daniel arap Moi Kenyans were mentally enslaved and denied to read a number of what was then described as “prohibited publication”. A number of free thinking Kenyans were jailed by the use of Section 53 (1) of the Penal Code which states that any person, otherwise than in his capacity and in the course of his duties as a public officer, prints, makes, imports, publishes, sells, supplies, offers for sale or supply, distributes, produces or has in his possession or under his control any prohibited publication is guilty of an offence and is liable to imprisonment for a term not exceeding three years. What role did Kiplagat play in drafting such an obnoxious law? Kenyans want to know the truth which can only be possible through the evidence given by the diplomat to the TJRC.

Despite all the compelling evidence that requires Kiplagat to appear before the TJRC, he should not be removed from its chairmanship because the real reason for its existence is to give all Kenyans, including Kiplagat, an opportunity to tell the truth that will lead the nation to seek justice, truth and reconciliation. Showing Kiplagat the door will not achieve that purpose.