It is the oldest trick in the book, although I can already see all my lawyer friends violently resisting my use of the word "trick."
The way it works is that as all eyes are focused on a particular part of the legal contract like the amount of cash that you will get paid, a killer clause is sneaked in somewhere in the middle. At a place where you are bound to scheme through without really “seeing” it. You hurriedly sign, little knowing that you have just signed your own death warrant. That is the reason why we are always told repeatedly; “read the small print.”
Well earlier this year, the political class, some of the smartest, most evil guys in the land hurriedly signed the so-called Anan document without reading it properly. Well, they did read it very carefully, but only that part that talked about who would be in State House and who would wield what power. The assumption was that it was business as usual and that whoever occupied State House would as always do what they wanted to do.
Actually I am reliably informed that the fate of Kenya’s political class was sealed the minute we invited the African Union into Kenya to help sort out the post-election violence mess. The minute those guys came into the picture the whole matter moved into the jurisdiction of International courts and that now dreaded place where long suffering Kenyans may just begin to see justice—the Hague.
But nobody should bring out the Champaign yet, let alone the glasses. The political class as always have a game plan to ride out this crisis. The idea seems to pretend to accept all the recommendations of the Waki report, get a local tribunal in place and then do everything to influence that tribunal. This is Kenya where files disappear and evidence and witnesses vanish into thin air. Due process of course demands that you prove a person guilty and that can be a very tricky thing indeed, even when a person’s guilt is so obvious. Just ask the legal experts who were trying to get at the infamous Chicago crime lord, Al Capone.
The saddest bit in all this is that people died. Mostly innocent Kenyans. But who cares?
Kumekucha has obtained the full list of names in the secret envelope handed over to Kofi Anan. The list is published in Kumekucha Confidential our weekly email newsletter. If you are not a subscriber yet, subscribe now by sending an email to:- email@example.com
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