Is a local Tribunal safe in Kenya?

By ISAAC NEWTON KINITY
Published September 18, 2009

Kenya’s history is replete with instances of insecurity all over the nation, whenever pressure builds up for change. The purpose of such insecurity has been to dilute the pressure, and hopefully divert attention.

A commission of Inquiry into the mysterious death of the former Minister For Foreign Affairs Dr Robert John Ouko was set up and was disbanded by the then President of Kenya Mr Daniel Toroitich Arap Moi within a year, without giving any reasons. Before the commission was disbanded, the then Chairman of the Commission and current Chief Justice, Mr Evans Gicheru, complained of insecurity. He said he feared for his life, and revealed that his phones were tapped.

One year after the commission was disbanded, some Kenyans who testified at the commission died under mysterious circumstances. The victims included police officers attached to the commission and former workers of the late minister.

It will also be remembered that Superintendent John Troon of Scotland Yard, also investigated the mysterious murder of Dr Ouko. However, when he left,=2 0ostensibly to attend to his sick mother; he expressed insecurity concerns and did not return.

After the Waki Commission released its findings and recommendations, high level insecurity loomed everywhere in Kenya. The situation slightly eased after Members of Parliament softened their rigid stand against the formation of a tribunal, to prosecute the perpetrators of the post -election violence.

The perpetrators of the post-election violence, most of whom may be senior Kenya politicians, may politicize, and even polarize the proceedings of any tribunal. In order to disrupt the efficiency of a local tribunal, the security of the judges and other officers could be threatened. There is no way any tribunal will successfully prosecute the perpetrators of the post -election violence while operating in Kenya.

The success of the Rwanda Tribunal on the perpetrators of the 1994 genocide was partially attributed to the location of its main offices in Tanzania. The International Criminal Court (ICC), is the ideal place for the prosecution of the perpetrators of the post -2007 election violence. Nevertheless, the Kenyan Parliament is likely to consider a local tribunal. But for justice to be served, the prosecutor at the ICC, Chairman of the African Union, and Secretary General of the United Nations Organization, should recommend relocation of the tribunal offices to another country, once it is approved by Parliament.

Only then can the tribunal judges and ot her workers be assured of protection and security. Considering what happened to Somalia and Rwanda, if proper measures are not taken, Kenyans and the whole world will achieve regrettable results.

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