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Monday, December 08, 2008

To Avoid Acrimony On Waki, Here's The Way Forward

Big names are about to drop.

By now we all know that a pretty decent number of names are sealed in an envelop that Judge Waki submitted to the Hon. Kofi Anan. That the names are there is neither an indication of guilt nor a witch-hunt. What the judge is saying is that in the course of his hurried and time-pressed investigation, he reached the conclusion that there are some Kenyans who need to be further investigated because their names came up in relation to the funding and abetting of the post-election fracas. It is only fair that they be given a chance to defend themselves...and be cleared or convicted and punished for causing such a serious loss of life and property.

As one who has strongly called for a local tribunal, to preserve and strengthen our sovereignty and our nascent institutions, I'm gratified that President Kibaki and Prime Minister Odinga have found a formula to give our judicial system a stab at resolving this matter. I hope we all realize that the credibility of our nation is on the line here. Whoever is selected to lead this tribunal will need the full support and the goodwill of all Kenyans. We will follow closely how he/she leads the tribunal and decide whether the body will do Kenya proud or will embarrass us and set us on the demeaning path to the Hague.

Given the gravity of the charges the people who's names will drop face, it is time to agree on the way forward. This is important if we are to avoid unnecessary acrimony within our perpetually fractious parties and the nation in general.

This is what must be done:

1. Immediate and unconditional Resignation. This is the honorable thing to do. The ladies and gentlemen mentioned need to pave the way for effective and thorough investigations to take place. To achieve this, they must resign as a matter of principle. Their voluntary resignation will make their absence in Government palatable to their rowdy followers and avoid the impression of persecution of any group of people.

2. The Process Must be seen To Be Free And Fair. Kenyans will be watching very closely how this tribunal is handled. As sad as this is to say, there are thousands of Kenyans who lost their relatives and property and are still trapped in the unending cruelty of the IDP camps. Equally disturbing, there are Kenyans in refugee camps in Uganda who are too traumatized to even contemplate a return to Kenya. This is sad and unacceptable. To such people, this nation owes a credible tribunal, one that will fairly convict the culprits and fairly dispense justice. We must be sensitive to the fact that should this thing be perceived to be bungled, we'll have created an opportunity for our unscrupulous politicians to present themselves as martyrs to their gullible followers, who will seek vengeance and create a situation where animosity and grievance is recycled without end.

3. Outstanding Grievances Must Be Simultaneously Dealt With. I sense an inexplicable foot-dragging when it comes to matters related to land and the constitution. One year after the electoral fiasco how can we explain this slowness? Are we waiting to start handling these matters in the run up to the 2012 elections? We have to realize that by then Kenya will be too charged up for anything to be done effectively. So at this time, when we are in the mood for dealing with our problems head on, let's ruthlessly deal with the issues of land distribution and the unbalanced constitution. Waiting is an option we don't have.

4. The Hague Must Be Our Last Resort. Fellow Kenyans, going to the Hague will be one of the most humiliating things to happen to Kenya in recent memory. It will be a tacit admission of failure on our part, a statement to the world that we are incapable of handling our affairs. Even so, we must agree that if our local tribunal is seen to be failing, the ICC will have to step in. In the end, what we are saying as a nation is that we will no longer tolerate impunity.

5. Reconciliation Must Follow Punishment. Like most trials, the verdict of the tribunal...or God forbid, the ICC...will inevitably create animosity in the country. President Kibaki and Prime Minister Raila Odinga will have to move swiftly, literally hours after the verdict, to unify the nation. They will need to lead the nation to bury the past and see in the verdict a necessary cleansing, an atonement for the sins of the nation.

My fear, Fellow Countrymen, is that if we carelessly handle this tribunal, a perception that certain communities were targeted will emerge. That would be regrettable. Indeed, it would be better if we neither formed the tribunal nor went to the ICC if all we end up accomplishing is setting the stage for future animosities...that will lead to fresh antagonisms.

I pray for Kenya!


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Sunday, December 07, 2008

Is This The Change Kenyans Can Believe In?

I have admitted here on numerous occasions how boring history can be for most people. And yet it is impossible to discuss serious politics without a firm grasp on the relevant historical background. Indeed it is possible for Kenyans to get themselves out of the mess the successive presidencies of Jomo Kenyatta, Daniel Moi and Mwai Kibaki have landed them into without understanding the history of this country.

I love history, as boring as some people think it is, because it has always been one of this blog’s top secret weapons. I mean I have been made to really look good, even a prophet of sorts by simply analyzing politics in Kenya while keeping my history books very close by. For instance we were the first to recognize (right from the onset of this blog) that only brand new leadership can save this country, something that is now rapidly gaining currency in the country.

For years during colonial days, Kenya was always a playground for the rich and powerful where the majority were mere irrelevant pawns at best and playthings at worse. Take the case of the young Kenyan who lost his life for throwing a stone at a mzungu dog through a fence in 1960 (the stone did not even hit the dog but the poor man lost his life for it.) Read my post on the incident. The interesting thing here is that many other mzungus (and maybe the particular one involved in the incident a Mr Poole) had gotten away with such heinous acts before and this time the only problem was that the times were changing the way they are now.

Well this week there was a serious road accident involving kids of the rich and powerful having fun. Actually a member of the Kenyatta family and of the Odinga family were hurt. Both young men had apparently been drinking. Read the full report of that incident here.

The interesting thing here is that impeccable sources have informed me that “powerful people” killed the story by intimidating the radio station that first reported the incident into shutting up about it. Indeed details of the story were deliberately scanty even from others who reported it and the police received firm orders from above to stay mum to the press. To the extent where the registration number plates were deliberately removed from the wrecked vehicles at a Nairobi police station (to prevent nosy journalists finding out who the car owners were.)

Now the trail of this cover up leads to a place where most of you my dear readers will not want to believe. Actually it is the Prime Minister’s office that made efforts to have the story killed.

Well maybe there is nothing wrong with that really. You see this man Raila Odinga is the candidate who will be almost 70 (actually he will be exactly 67 on January 7th 2012) by the time the next general elections are scheduled who we are all banking on to bring change. What does some minor road accident have to do with it? In fact this man wants change so much that we have so far seen from his performance as Prime Minister that that change is coming. After all you can teach old dogs new tricks can’t you?

Oh please……

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