The High Court, for the second time, has decreed that the former chairman of the TJRC, Bethuel Kiplagat, can resume his post. The TJRC Commissioners say they received the news with “utter disbelief” and have instructed their lawyers to mount an appeal. What a mess.

Here is the High Court’s decision as reported by Kenya Law.

Readers of our article on Kiplagat’s initial appointment, will know that we consider that Kiplagat should not have been made chairman of the TJRC because, in other circumstances, he would have been called as a witness regarding the murder of Dr Robert Ouko, the ‘Wagalla massacre’ and possibly also over a land issue. He was, however, given the chair and the High Court of Kenya have decided that he should carry out his duties. The TJRC commissioners, surely, cannot simply decide to ignore the decision of the High Court.