Ex-CJ Mutunga, Maraga, Waki should chair CDF Ogolla chopper crash Inquiry
NAIROBI, Kenya Apr 22 – Lawyer Miguna Miguna says a distinguished retired judge should lead the inquiry into last Thursday’s helicopter crash that killed Chief of Defence Forces General Francis Omondi Ogolla and nine other senior military officers.
In a post on his social media account, Miguna named retired Chief Justices Willy Mutunga, David Maraga or Justice Phillip Waki as among those who should chair the probe.
He urged President William Ruto to constitue a Judicial Public Inquiry composed of competent and independent aviation experts, forensic experts, distinguished advocates, and distinguished military officers like retired General Daudi Tonje and Lieutenant General Daniel Opande.
“A probe – any probe – that looks into the circumstances that caused the helicopter crash which killed CDF General Francis Omondi Ogolla – must be chaired by a respected retired judge,” he said.
The democracy activist added; “Anything short of this will be rejected by most Kenyans, as a cover up. We must be a country that adheres to the rule of law and avoids the tendency of engaging in PR exercises on such grave matters!”
Miguna pointed out that the position of the Kenya’s military chief in the country warrants that the inquiry set up by the President should not run into technical or legal loopholes in the execution of its mandate.
“Remember that no one except the President of the Republic has the mandate to set up a team investigating the death of Kenya’s Chief of Defence Staff. Not a cabinet secretary. The rank of a Deputy President and/ or a CS is below that of a CDF,” he said.
He expressed concern that an inquiry which does not enjoy a legal backing of a Gazette Notice may fall short of its objectives.
“Moreover, the military will not cooperate with that purely civilian team, honour its summons and comply with any directives from or findings by it.”
Various leaders called for comprehensive investigations into the chopper crash that killed the military chief and nine others in Elgeyo Marakwet county.
Speaking Sunday during Gen Ogolla’s burial service, President Ruto said he had full confidence that a team led by Major General John Omenda will lay bare all details on the accident that took the life of Ogolla.
Retired CJ Mutunga has already voiced his opinion on the importance of shedding light on the circumstances surrounding the crash.
Through his X account on April 19, He highlighted the current atmosphere in the country, characterized by rumours and ethnic divisions, as a reason for urgency in seeking the truth.
“Given the tragedy that engulfs our country now, a country of rumours and ethnic divisions, it is a good idea to immediately set up a Commission of Inquiry that has robust public participation. An Inquiry that is seen as a cover-up is unacceptable,” Mutunga stated.
Retired Court of Appeal Justice Philip Waki is best known for heading the 2008 Commission of Inquiry into Post-Election Violence, also known as the Waki Commission.
He retired in October 2019.
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