Tag Archives: Hague

ringera calls it quits

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I just watched a clip on the Nation’s website showing the press conference at which outgoing director of the Kenya Anti-Corruption Commission, retired judge Ringera announced his departure from Integrity Centre. I don’t understand exactly why it took him so long to see the sense in doing this.The clip also hinted at rumors that Ringera may get a job in the judiciary. I hope not. He was ineffectual at KACC. He earned 2 million shillings a month and delivered nothing for Wanjiku. Public service, and the emoluments that come with it, is not the right of a select group of Kenyans. We should not keep recycling the same names. And this is not restricted to just the high profile national offices. We transfer ineffectual DCs, PPOs, directors and chiefs all the time. No wonder the more we try to implement change the more things stay the same.

As Ringera left he made some very useful suggestions on how parliament can strengthen the KACC. May be we should award his courage in resigning by implementing some of these ideas.

And on a sort of related topic, I wish Annan and Ocampo would stop issuing threats. Just give us the names. Let us know who is suspected of having done what in last year’s post poll violence. These leaders need to be named and shamed instead of being given more time to continue mis-shaping Kenya’s destiny.

politics gets in the way of justice, again

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The Kenyan cabinet yesterday decided not to set up a local tribunal to try those who organized the targeted killings of people who spoke certain languages (but lived in the “wrong” places) after the bungled general elections of late 2007. Instead, in an effort to assuage the fears of a hostile parliament, the president and his cabinet decided to clean up the police force and the judiciary and have these organs try the said suspects. Yeah right.

My doubts of the cabinet’s intentions are premised on the fact that reforming the police force and the judiciary will not take a few months. The police force is the most corrupt institution in this country. Reforming it will take years. Same with the judiciary. If we are to wait for the police and judges to stop taking bribes and begin respecting the rule of law before we initiate the prosecution process then we might as well forget about the whole thing.

I remain deeply skeptical of President Kibaki’s commitment to making sure that those who organized the killing of more than 1300 Kenyans be brought to book. If he really means what he said yesterday then he should begin by firing Attorney General Amos Wako. This is a man who has been in that position through the tortures of the Moi era, the killings that preceded the 1997 general elections, and a myriad corruption scandals (including the mother of all, Goldenberg) without ever bringing any prominent player to book. Mr. Wako has been as effective as a parachute that deploys on the second bounce and should be shown the door, no questions asked.

It was always going to be difficult to bring the oafish  ethnic chiefs masquerading as patriots to book. Yesterday was a stark reminder to all Kenyans that justice is political and that if change doesn’t come soon the powerful will continue doing what they want and leave the weak to suffer what they must.

kenyan cabinet remains deadlocked over violence

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For the second straight week the Kenyan cabinet remains deadlocked on the way forward in the effort to bring to book those who planned the post-election violence that killed over 1300 people early last year. Several cabinet ministers are opposed to the creation of a local tribunal – which is the official position of the government – and want the suspects be investigated and tried by the ICC’s chief prosecutor Moreno-Ocampo at the Hague. Their position, they argue, is informed by the sorry state of Kenya’s judiciary which for all practical purposes is usually in the pocket of whoever occupies state house.

It is widely believed that a number of cabinet ministers were significantly involved in the planning of violence after the disputed election. Indeed the government funded Kenya Human Rights Commission last week released a list of suspects that was populated by cabinet ministers and members of parliament. Ministers and MPs from both sides of the political divide criticised the move and vowed to take the human rights body to court for defamation.

My two cents on this is that those that plotted the violence at the very top should go to the Hague. The middle level and small fry should be tried by a special court within Kenyan law. And as this goes on we should have a truth and reconciliation process. That way, the people at the top will know that Kenyan lives are not the expendable commodities they imagine them to be and thugs who killed innocent women and children will be punished. And above all, the truth and reconciliation process will start the process of healing among Kenyans.

the waki report, political expediency and the denial of justice

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The Kenyan Premier, Raila Odinga, has bowed to pressure from within his party and made a hasty retreat with regard to the implementation of the Waki Report. (This report was compiled by a commission set up to investigate the post-election violence that nearly plunged Kenya into civil war early this year). This is a huge disappointment and a blow to the pursuit of justice in Kenya. About 1500 died. Hundreds of thousands were displaced, many of whom still live in IDP camps. Don’t we owe these people a public acknowledgment that they were wronged?

Members of both the ODM and PNU have been implicated in the report. Predictably, a cohort of PNU parliamentarians already roundly rejected the report. Now ODM, for the sake of unity (its members from the Rift Valley province threatened a mutiny), has decided to do the same. This means that the Waki Commission will probably join the list of the myriad useless commissions the country has set up since independence to investigate all manner of wrongs and provide recommendations – recommendations which were then rubbished and never implemented. What a waste of time and money!

But there is still hope. And it lies within the Kenyan civil society. The law society of Kenya, among other such civic organisations, should pressure the international court in the Hague, through Kofi Annan, to prosecute those named in the report, unless the government agrees to set up a Kenyan tribunal. The culture of impunity has to be stopped. This report could have been used as a tool for national reconciliation and regeneration. It is sad that political expediency has once again come before justice. It is doubly sad that ODM, a party that has claimed to be for the people, is the same party denying justice to the people.