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Saturday, December 04, 2010

Wako to Ocampo, The Hague Process Starts 2090

It's about time Kenya's longest serving AG waded into the facade about naming and prosecuting the so called "perpetrators" and "masterminds" of the post election violence;

New constitution or not Kenya still needs and has its chief legal custodian. And the lawyer knows what he's talking about-his office has successfully prosecuted hundreds of cases over the past decade as mandated by the constitution. The American-visa banned double draft constitution producing accused AG has never had any reason to resign or be fired from his job. He has firmly stood on his principles and convictions doing his job and days like today prove just why

WHERE ARE THE FACTS?
In politics, perception is everything and ICC and Waki are in danger of playing politics with this country's future. Unless they are ready to present and debate facts then they are guilty of irresponsible behaviour by believing distorted facts and lies told using credible witnesses like Rono and Wekesa who were manipulated as sources to bandy around names of so called masterminds and perpetrators of post election violence.

The truth is Kenyans love rumours akin to chinese whispers where errors typically accumulate in what the last person repeats as the original whispered sentence. repeat a lie often enough and it sounds like the truth!Was every effort really made to ensure that the information supporting the adverse mentions by both the Waki report and KNHRC report fully investigated to ensure they were not rumours conjectures and hearsay? If the ICC cannot be sure that the evidence they gathered via part of the Waki report was enough to name any witnesses for prosecution then let them save Kenyans from a lot of grief.

Too often Kenyans are wrongly accused by armchair commentators as being weak and unable to stand up and fight for their rights. Nothing could be further from the truth. Kenyans are simply choking from the swamp of corruption. Its not true that the middle class are too busy filling their bellies with Nyama Choma and alcohol to stand up and take back your country. Many are devout and religious and pray thrice weekly including conducting prayers on this very blog for Chris (see here)

Therefore the government has a right to protect its citizens against allegations such as those about to be put forth about high ranking individuals inside it masterminding bloodbaths of its own citizens. PEV is not a simple open and shut case and its prosecution will be confusing to the legally untrained mind!

The AG is therefore right in reminding ICC that even Waki said its possible his report may fall short of the proof required to meet the threshold of international crimes against humanity. All the KNHRC and Waki report have done is provide a basis and a good starting point for further investigations. Let the ICC prosecutor tread on legal matters slowly while enjoying our game parks and adopting more Cheetahs