Kenya Post-election violence: Heads are set to roll at the ICC

With the Justice Philip Waki report on the post-election violence in Kenya handed over to the ICC prosecutor by Koffi Annan recently, coupled with Obama’s snub of the nation during his first visit to Africa as President of the US., heads are set to roll, writes Oduor Jagero

By: Oduor Jagero
Published July 13, 2009

Koffi Annan.

A country that was once one of the most respected in Africa, Kenya currently suffers a shattered image and is fast becoming an eye sore to the broader East Africa.

From newspapers, political magazines, blogs, Facebook and analysts, the general mood is that the East African hub suffers viral corruption, inflation, malignant tribalism and worrisome economic retrogression.

Even the most powerful on earth, Barack Obama, who traces his roots to Kenya, recently broke his silence and vilified a country that was one time at par with South Korea but has since stagnated, with South Korea realizing economy size at least forty times bigger.

Speaking of Kenya, the American President said,

“My father travelled to the United States a mere 50 years ago yet now I have family members who live in villages. They themselves are not going hungry, but they live in villages where hunger is real. This is something I understand in very personal terms.”

Kenya, analysts say, has either had weak institutions or the people in power have never given a free hand to these institutions. This, in a sense, has led to impunity where people consciously go against regulations and do not uphold the rule of checks and balances.

Obama, while talking to all African countries, was more specific about Kenya. He even insinuated that he is embarrassed to be associated with Kenya.

“And if you talk to people on the ground in Africa, certainly in Kenya, they will say part of the issue is the institutions aren’t working for ordinary people. So, governance is a vital concern that has to be addressed,” Obama warned.

Prime Minister Raila Odinga and Professor Ali Mazrui put up a spirited effort to convince the BBC why Obama snubbed Kenya, but all pointers tend towards a failing nation.

But even as Kenya remains on the spotlight on corruption, the ghosts of post-election violence and extrajudicial killings have left her a troubled nation.

In May Professor Philip Alston, a United Nations special rapporteur, while speaking at the end of his 10-day investigation on extra-judicial killings, strongly recommended immediate sacking of Police Commissioner Major General Ali and Attorney General Amos Wako.

“There is abundant evidence linking him to a central role in devising and overseeing the policy of extra judicially executing large numbers of “suspected criminals,” Professor Alston said of the police commissioner.

He added that the police commissioner had “utterly failed to devise any law enforcement strategy worthy of the name for dealing with Mungiki and other forms of criminality.”

Alston’s report pokes more holes on the credibility of the police force that has always emerged the most corrupt institution, a body that has an integral part to play on the security and sanity of the nation.

ICC Prosecutor Luis Moreno-Ocampo

The laxity in security has led to sprouts of vigilantes that at first operate as police alternatives, but soon become even more vicious than the organized gangs that they pretend to protect the civilians from.

Recently Annan, suspecting unnecessary procrastination on setting up a local tribunal to prosecute the 2007 post- election violence, handed over the secret and sealed envelope containing names of post-election violence suspects to the International Criminal Court Prosecutor Luis Moreno-Ocampo. This has scared the echelons of power, especially those whose names are suspected to be there in.

While delivering the report to Ocampo, Annan said, “Justice delayed is justice denied. The people of Kenya want to see concrete progress on the fight against impunity. Without such progress, the reconciliation between ethnic groups and the long-term stability of Kenya is in jeopardy.”

Annan must have realized that Kenya not only lacks the political will to set up a local tribunal but also has no capacity to set a viable tribunal.

In his interview with East African Standard, Paul Muite, a local politician and lawyer, said he sees no possibility of a local tribunal.

“The simple answer is NO,” Muite said. “Legislation, which meets international standards threshold, cannot go through parliament even before one begins to talk about Kenya hosting a tribunal. Also, a TJRC process pre-supposes a regime change so that you have in power a reformist government with the mandate and political will to confront past injustices. We do not have such a government in power today as beneficiaries and funders of violence are in Government. There can be no justice when suspects are the ones in leadership. The Hague is the only practical option.”

And Ocampo, moving swiftly, has set up a team of 14 specialists to start scouring into the files of the suspects. The involvement of International Criminal Court (ICC) and the foreseeable future of top government big shots slapped with a warrant of arrest means bad tidings for Kenya.

It’s not going to be easy for Kenya when the content of the envelope becomes public. The power struggle and cat- calling that has taken the better part of the once acclaimed, but now failing, grand coalition will take even a more twisted shape.

The two ‘equal parties’, Orange Democratic Movement (ODM) and Party of National Unity (PNU), are poised to have ripples in their individual camps when the list is released.

The Sunday Nation published on July 12, under a headline “Dilemma in ODM as The Hague beckons” talks about the fear wreaking the camp. This will most likely catalyze even more instability. Should there be only one side of the camp in the envelope, things are likely to fall apart.

Already politicians are divided on Annan’s sudden move. This is likely to take center stage, pushing aside the agenda of development.

James Orengo, a prominent lawyer and Minister for Lands has already faulted handing over of the secret envelope saying that Justice Johann Kriegler report should have been passed to Koffi Annan. Johann is the South African judge who headed the Kriegler commission that investigated post election violence.

“There is one envelope missing which should have come from Justice Johann Kriegler,” Orengo said.

His sentiments were supported by Ruto over the weekend. Ruto said, “Those who caused the chaos are guilty, and those who rigged the elections are equally guilty, and when the time comes, all should go.”

Ruto added that those that bungled the 2007 polls should be the first to face the ICC.

Meanwhile Kenya’s Prime Minister Raila Odinga and President Kibaki summoned a cabinet meeting on Monday, a move, The East African online reports that appears to be “a last ditch effort to salvage plans for home-based trials for post-election violence suspects.”

Clearly there is an image problem and although there is beehive of activity at the two centers of power, Prime Minister’s office and Statehouse, the bigger picture shows a tattered Kenya. ODM appears to suspect the Philip Waki list and wonders why it is missing. The PNU holds the Kriegler report suspect and that could be the reason why “it is missing”.

Ruto insinuates that it is time wasting to keep the debate on whether to go to the Hague alive while the report has been handed over to Ocampo. He thinks that the country should move forward and fulfill the wishes of the Kenyan people.

Either way, it appears that soon daggers will be drawn and it will take the political will of the country’s President and its Premier to lead the way before the republic goes to the dogs.

Related Posts