The International Criminal Court (ICC), which is based at The Hague, Netherlands, has said, through its Prosecutor Luis Moreno- Ocampo, that if Kenya failed to try the suspects of post-election violence, the court (ICC) will move in to start investigations and prosecute those involved.
In the same line, Beautrice Le Fraper du Hellen, ICC director of jurisdiction, said investigations are still in progress.
Another senior official, the register of the International Criminal Tribunal for Rwanda (ICTR), Adama Dieng, has added his voice to those calling for the prosecution of politicians, security officers and their senior commanders who were involved in the post – election violence in Kenya.
Mr. Hassan Omar, the Vice – Chairperson of Kenya National Commission on Human Rights (KNCHR), has confirmed that the ICC has begun collecting detailed incidents of post-election violence and has been in touch with other Human Rights groups since the request has been made by ICC.
In Kenya, the Waki report has generated a heated debate among politicians especially from the Grand-Coalition thereby giving mixed signals on how the country should move forward since Justice Philip Waki handed over a sealed envelop to Dr. Kofi Annan with names of suspects of those who were allegedly leading or fuelling violence in Kenya after the last disputed general elections.
During the crisis, an estimated 1,5000 Kenyans lost their lives, more than 350,000 became Internally displaced Persons (IDPs) while property worth millions of shillings was destroyed. In fact, some IDPs are still languishing in the camps with no help after failing to return to their homes to insecurity.
Recently, the ODM’s National Executive Council (NEC), which is the highest decision making body within the Movement, met and agreed to look afresh at an earlier decision taken by ODM’s Parliamentary Group (PG) on the Waki report. ODM’s PG, which has Ababu Namwamba as its Secretary, did not support the Waki report.
Within ODM, there has been a show-down between Prime Minister Raila Odinga and his deputy Musalia Mudavadi on the one hand and Agriculture minister William Ruto together with majority of Rift Valley MPs on the other.
POLITICIANS SHOULD CARRY THEIR OWN CROSS
Again, all is not well within the ODM, because Ababu Namwamba, in his capacity as the Secretary to the ODM Parliamentary Group, has convened another meeting scheduled for Thursday, November 13, to discuss what happened at the ODM’s National Executive Council meeting.
Ababu Namwamba has been muting for the formation of a Grand opposition in Parliament and many times he has been at logger heads with his boss, PM Raila Odinga who is opposed to such a move but incidentally, William Ruto has been seen by many political analysts as one of those who have been backing Hon. Namwamba despite the cabinet’s rejection of such a move.
For some time now, many have observed that Raila Odinga and William Ruto have been fighting a cold war, and that’s why MPs from Rift Valley have been vocal to the effect that Ruto should become the deputy leader of ODM instead of Mudavadi.
Even during the formation of the Grand Coalition, some Mps from Ruto’s backyard were calling for his appointment as Deputy Prime Minister arguing that Rift valley provided the highest number of votes to ODM which is a fact.
PNU, on the other hand, has decided to support the implementation of the Waki report but still it’s after giving mixed signals. I think PNU weighed the sensitivity of the Report and its implications because even if they fail to support it, ICC has the right to arrest any suspect in any country.
According to previous human rights reports, Uhuru Kenyatta, William Ruto, Henry Kosgey, Dr. Sally Kosgei, Martha Karua and Kiraitu Murungi were some of the names which were featuring on those reports and if their names happens to be in that envelop which justice Waki gave to Dr. Kofi Annan, Kenyans might be getting ready to witness one of the biggest political earthquakes in the country’s recent history. This could be the beginning of a new era in Kenya and the death of impunity in our country.
Let the warlords not cheat Kenyans with cheap propaganda that they fought for Kenyan’s rights. Democracy is through the ballot and not through evicting people from their areas of habitation. Whoever committed a crime did so to ascend to power and should carry his/her own cross. Justice Waki’s report should be implemented to the letter.
Githuku Wa Muirani
About the Author
The Waki Report must be implemented wholesome to end impunity. It is unfair to Kenyans that the suspected instigators of the post-election violence are apparently using political muscle to sweep it under the carpet. We know that yesterday’s Cabinet meeting did not have the issue on its agenda. Parliament will soon go into recess and the deadline for the formation of a group to oversee the Report’s implementation will be in February 2009. It is believed that some key politicians are using parliamentary rules to flush the matter down the drains. The names of those suspects sealed in the envelope given to Dr. Annan should be made public and necessary action taken to send them to the Hague.
Since President Kibaki and Prime Minister Raila are both responsible for controlling the Grand Coalition, they must marshal support for the Report’s implementation. They should not protect their interests in the name of keeping good relations within their political parties.
Meanwhile, what happened to “Operation Rudi Nyumbani” (Operation Return Home)? President Kibaki gave orders when the Grand Coalition was formed, to evacuate the IDPs (internally displaced people) and resettle them in their former pieces of land. They were assured police protection and funding for reconstruction. However, not much has happened and it was reported in the Daily Nation (Nov. 12) that a group of female IDPs from Eldoret had camped outside the Parliament to protest the inhumane conditions in Rift Valley. What answer did they get? They were tear gassed by the police with some dashing to Uhuru Park for cover, while others scooped up rain water to wash their teary eyes. These women who are above 50 years old, are being manhandled for attempting to lodge their grievances in a democratic country. This act did not bother MPs and ministers who were seen chatting on cellular phones. An assistant minister later asked the women to choose a leader to present their case. This is ironical because their problems are well known but nobody cares.
A woman was quoted saying: “The President entered tents in Eldoret and this gave us optimism that something was being done but the whole process has been a complete mess. We are asking the Government to address this problem once and for all.”
Many children cannot sit the ongoing national examinations because of the unsuitable conditions and lack of necessary facilities at the camps. The IDPs remain an eyesore in a country that recently spared a full day to celebrate Obama’s presidential victory. When shall we dedicate even a few minutes to their plight? These people are captives inside and outside the camps because of the pathetic living conditions and insecurity. The buck stops at President Kibaki’s door.
A Tale of Force, Threats and Lies: ‘Operation Rudi Nyumbani’ in Perspective – http://www.internal-displacement.org/8025708F004CE90B/(httpDocuments)/D108E31363ADD021C12574F700351865/$file/A+Tale+of+Force,+Threats+and+Lies+'Operation+Rudi+Nyumbani'+in+Perspective.pdf
Kenyans are waiting impatiently for the Waki Report to be implemented. The Waki Commission was publicly financed, so its recommendations must be implemented accordingly. Why are the MPs not moving faster to debate the Report?
Kenya’s political leadership has the tendency to appoint Commissions of Inquiry for virtually all national problems yet rubbish most of their reports. Stiff opposition to the Waki Report has already emerged across the political divide, with some legislators deeming it shoddy and not worth implementing. These politicians regard it as inauspicious and threatening because if found guilty, they will be jailed. The suspected instigators and perpetrators of the post-election violence seem scared that Waki has recommended harsh penalties.
For Judge Waki to have entrusted Dr. Kofi Annan with a sealed envelop bearing the names of suspected perpetrators, is a clear sign that some key politicians are implicated. It was also important for him to hand it over to a neutral person for safekeeping, given the notorious nature of tampering with official documents in Kenya. So far, 25 diplomatic missions in Nairobi have called for the implementation of the Report.
The Waki Report is in many ways, a litmus test to determine whether the Grand Coalition is willing to eradicate impunity in Kenya.