Cabinet ministers appeared to pull away from their collective decision last Thursday placing reconciliation before justice in post-poll offences and renewed calls for the International Criminal Court to intervene if the Government dithers on punishing the perpetrators.Lands minister James Orengo (pictured) one of Railas closest political allies said masterminds of post-election violence will not evade the ICC following formation of Truth, Justice and Reconciliation Commission (TJRC).
“Prominent individuals with greatest responsibility of the post elections violence will not evade facing the law. They must be punished,” said Orengo.
Forestry and Wildlife minister Dr Noah Wekesa and his Planning counterpart Wycliffe Oparanya echoed these sentiments, saying ICC at The Hague would ultimately try the masterminds of the mayhem, which lead to the death of over 1,300 people.
“We are not going to forgive murderers. In many instances, there is strong evidence by victims on those who killed their relatives,” argued Wekesa, the Kwanza MP.
“Failure to set up a local tribunal does no mean suspects of last years violence will go scot-free,” said Oparanya.
Orengo, who was also a member of the Serena team that negotiated the Grand Coalition deal and who will be in the Government delegation visiting the chief ICC prosecutor Luis Moreno-Ocampo at the end of this month, said a Truth, Justice and Reconciliation Commission does not have prosecution powers thereby giving room to The Hague to pursue financiers of the violence.
Speaking after touring the Kisumu regional ASK Show on Saturday, Orengo said the Cabinet decision to adopt TJRC option was being misunderstood.
“ICC has the right to domesticate its court to expedite prosecution of key suspects in crimes against humanity,” said the Ugenya MP.
“The Cabinets decision does not mean we promote impunity. Some suspected masterminds should stop celebrating because they cannot run away from Hague,” said Orengo.
Spirited campaign
And with only 30 days before a Government delegation appears before the Chief Prosecutor of the International Criminal Court Luis Moreno-Ocampo to report on progress towards bringing to justice suspects of the post-election violence, Prime Minister Raila Odinga led the Cabinet to launch a spirited campaign to popularise the decision that was made by Governments top decision organ on Thursday.
The decision to emphasise healing and reconciliation over prosecutions came as a surprise to many since President Kibaki and Raila had previously promised to rally their party MPs to support the proposal to set up a local special tribunal according to recommendations by the Justice Philip Waki commission.
The decision seems to have the potential of putting the fragile Grand Coalition Government to its severest test ever since its formation 18 months ago.
In a carefully worded statement to the Press, the President said Cabinet opted for “national healing and reconciliation as a priority to guard against a repeat of the events of last years post-election violence”.
The President said: “Cabinet was concerned that while it will not stand for impunity in the pursuit of justice, the country should equally pursue national healing and reconciliation. This does not in any way reduce its desire to punish impunity”.
Co-operatives Minister Joseph Nyaga said in Meru at the fundraiser attended by the PM: “The primary responsibility of the Government is to bring Kenyans together, not to drive them apart. We want Kenyans to reconcile and come together. If you wronged anyone, this is the time to say sorry and seek forgiveness. If by doing that we did not meet the standards of The Hague, then that is now up to Ocampo. If he is not satisfied with what we did, he should feel free to do his work; we cannot stop him. If Ocampo wants me, then in accordance with international law I cannot stop him,” he said.
Undermine stability
Human rights groups asked US Secretary of State Hillary Clinton to pile pressure on Government to punish perpetrators of violence.
“Kenyans are losing faith in their politicians,” said Georgette Gagnon, Africa director at Human Rights Watch. “The Governments failure to ensure justice for the victims of the post-election violence threatens to undermine Kenyas stability and impede its economic development.” (see separate story).
On Friday, The National Council of Churches of Kenya criticised the Cabinet decision, and called for the dissolution of the Government.
On Sunday, the Anglican Church termed TJRC inappropriate in dealing with post-poll offences.
No faith
Speaking at the All Saints Cathedral in Nairobi on Sunday, the church Provost Rev Julius Wanyoike said they would rally the faithful to reject the TJRC.
“The TJRC option will not heal the wounds. Our local judges may be qualified but the system is always affected negatively and it will not produce the best justice,” he said.
Wanyoike said the Church has no faith in the decisions made by the Cabinet to try victims of the post-election violence on reconciliatory mission.
“How can we be sure that the Attorney Generals office will not terminate the cases?” Wanyoike posed, alluding to the principle of nolle prosequi that Wako was criticised for using to dispense off with cases prematurely.
Additional reporting by Mosota Mangoa and Fatuma Fugicha
The Standard
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