It is now apparent that there are issues to be resolved before the perpetrators of the murder, mayhem and chaos of January to March 2008 are to be brought to book. First, the good members of the august house we like to call the National Assembly conspired to water down the language of the Draft Bill on the Tribunal. Then they came to a tribal alliance to protect each other in the event of adverse mention by the tribunal. Then, they finally connived to intimidate potential witnesses by their public utterances.
Thankfully, one or two characters saw through their charadae. But, do they come with clean hands? Mr. Imanyara's gambit to delay the process may eventually ensure the matter goes to the ICC. But, is Ms. Karua right to say athat many of the culprits will go free as the ambit of the ICC is so narrow? So was Mr. Imanyara's act to ensure that suspects were tried at the Hague or to ensure they would not face the full brunt of the law? Time will tell.
The problem is that we were quick to dismiss the Kenya Penal Code. The main reason was that there were apparently legitimate fears that the Kenyan Judiciary was compromised from the get-go. What that assumption failed to address was the apparent courage of one Hon. Mr. Justice Philip Waki of the Court of Appeal. If he exists, then surely there must be others like him. Unless he is looked upon as a weed in a garden of corruption!
Wouldn't it have been easier to draft a new law to try these fellows under the existing legal framework (giving a nod to the Constitution), by hiring outside investigators (the FBI and Scotland Yard come to mind), which we have done before, to conduct the investigations, forcing all named persons to stand down from their positions of power and authority, and by establsihing independent fast-track courts specially mandated to hear these trials? This whole tribunal/ICC dance is a distraction; it may end up that none of the perpetrators will ever face the justice they so richly deserve. That would be a crying shame, ama?
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