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Tume ya Waki yatingisha Muungano wa ODM/PNU

Discussion in 'International Forum' started by Ab-Titchaz, Oct 22, 2008.

  1. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    Coalition falling out over Waki Report​


    Updated 12 hr(s) 9 min(s) ago

    By Standard Team

    A falling out appeared imminent in the Grand Coalition Government over the implementation of the Waki Commission's report.

    Prime Minister Raila Odinga sharply differed with Agriculture Minister William Ruto when he said post-election violence suspects must face the Special Tribunal for Kenya, or answer for their alleged crimes at the International Criminal Court in The Hague.

    Mr Ruto, on his part, dismissed the Waki Report on post-election violence as "shoddy" and "missing the point by a very big margin". It came a day after President Kibaki, in a Kenyatta Day address, seemed to hint at amnesty by saying "justice must be tempered with forgiveness".

    The President said the findings will be used to build a stable, cohesive and integrated society whose institutions protect freedom and liberty of every citizen wherever they chose to work.

    But speaking to the BBC, Chief Mediator Kofi Annan said forgiveness would entrench impunity.

    "It is important that the Government acts on it. The victims demand justice too," he said.

    Speaking in Narok, Raila declared: "The law should take its course on the perpetrators and organisers of post-election violence. This is the only way Kenyans will see justice done."

    The PM said both the Waki and Kriegler (on last year's discredited General Election) reports should be fully implemented to end the culture of impunity, intolerance and cycle of violence.

    "The verdict is now out. The truth has been said and it is now time to face it by implementing the report," Raila said.

    But Ruto's take was different: "I think the Waki Commission has done a shoddy job… What we needed was a quick expedient way to resolve post-election violence because this was no violence of ordinary manner".

    He said the country wanted to know the exact role of the police in the violence, but unfortunately the commission ran away from the job and came up with general statements.

    "And worse, they have come up with some envelope which they have already discounted by saying those named may not be necessarily guilty… this will put this country into more anxiety," said the Eldoret North MP.

    Saying the Commission should have asked for more time to do a thorough report if that was a problem, Ruto said recommending a tribunal which requires people named to be held as guilty until proven otherwise would require a change of the Constitution.

    "Sadly, though we are not even sure whether those named in the envelope are guilty or not… is this not guess work by the Waki Commission?" wondered Ruto.

    Finally, the Agriculture minister suggested that the Cabinet and Parliament convene to discuss the report and determine the way forward.

    South Rift MPs Magerer Lang'at and Benjamin Lang'at said MPs and other political leaders from the Rift Valley - one of the regions affected by the post-poll chaos - would convene soon to discuss the report, where they will seek a common stand.

    "We had planned to meet sooner, but the meeting was postponed because some leaders were abroad," said Magerer.

    Yet Raila's and Ruto's were not the only differing voices.

    Nambale MP Chris Okemo seemed to favour an approach along the lines of the spirit of forgiveness that was the core of the National Accord.

    "It is, therefore, wrong for persons to hide behind their tribes to push for personal and communal vendetta," he said, adding that the accused must be given a fair chance to justice so that the country can reconcile and not split in the quest for retribution.

    Deputy Prime Minister Musalia Mudavadi echoed the PM's sentiments, saying: "We are between the hard place and a rock as far as the Waki report is concerned and we must act now, not later."

    Mr Mudavadi said any attempt to ignore the Waki recommendations would be going against the National Accord signed early this year.

    The Sabatia MP expressed caution: "We must tread carefully on this issue. If we don't act as recommended, then those implicated will easily be arrested at international airports and taken in. When that happens, that matter will be beyond the Government's jurisdiction. Those arrested will have to rely on lawyers to argue their cases," he warned.

    Justice Minister Martha Karua said "both principals have committed to the implementation of the Waki Report. I am sure it will be implemented'' and declined to comment further.

    Lands Minister James Orengo, who was one of the negotiators at Kofi Annan mediation talks at the beginning of the year, said those mentioned in the Waki Report should not be tried by the International Criminal Court (ICC) but under the country's laws.

    "It is better for us to deal with this issue as Kenyans, instead of our leaders being taken to The Hague," he said, adding it would be a shame.

    The list of suspects, which Justice Philip Waki gave former United Nations Secretary-General Annan is said to include prominent Cabinet ministers and businessmen.

    Ikolomani MP Bonny Khalwale termed the report fair, but faulted the recommendation for a Special Tribunal to sit in Kenya, saying it would be open to manipulation by "powerful persons behind the chaos".

    He, instead, said all the names should have been handed over to the ICC, saying ODM had earlier in the year written to The Hague over the chaos.

    Nominated MP and Ford-Kenya Chairman Musikari Kombo warned that President Kibaki and Raila would ignore the Waki Report at their own peril.

    "If the principals bury their heads in the sand and fail to fully implement the report, the country will slide back to chaos and this time, it will be difficult to contain the mayhem," he said.

    He added: "Reconciliation without the truth is meaningless because it entrenches the culture of impunity which we have been fighting against. The report is based on investigation and whether someone thinks of it as fair or not, it is our only saviour from our violent political culture."

    He said forgiveness should only come after a tribunal has been set up to investigate the culprits.

    Reported by Joseph Murimi, Abiya Ochola, David Ohito, George Olwenya, Kipchumba Kemei, Beauttah Omanga and Maseme Machuka

    The Standard | Online Edition :: Coalition falling out over Waki Report
  2. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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  3. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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  4. m

    macinkus JF-Expert Member

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    je tunaweza kujadili ni kina nani wapo kwenye ile bahasha aliyopewa kofi annan? kwa kujua kenya vizuri, nadhani wana jf wanaweza kubashiri ni kina nani

  5. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

    Oct 22, 2008
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    Majina yanayojulikana kwamba yamo katika listi ni kama
    Uhuru Kenyatta (mwanae Jomo Kenyatta,1st President wa Kenya),
    Kabando wa Kabando, Njenga Karume, William Ruto,
    Simeon Nyachae na wengineo.

    La kushangaza ni kwamba Rais Kibaki na Former President Moi
    walikataa kutoa ushahidi wao even though walitajwa na witnesses kama high
    level suspects.Mfano ni ile story ya Mungiki kufanya mkutano Statehouse to
    plan on the Naivasha killings.

    Naivasha killings planned in State House, says report

    The Commission received credible evidence to the effect that the violence in Naivasha between January 27 -30, 2008 was pre-planned and executed by Mungiki members who received the support of Naivasha political and business leaders.

    The Commission has also evidence that government and political leaders in Nairobi, including key office holders at the highest level of government may have directly participated in the preparation of the attacks.

    Central to that planning were two meetings held in State House and Nairobi Safari Club in the run up to the election with the involvement senior members of the Government and other prominent Kikuyu personalities.

    Evidence produced by NSIS suggests that this agency was collecting information on the planning of violence in Naivasha by Mungiki members and politicians, at both local and national level.

    As early as January 3, 2008, NSIS had information that two former MPs of the Kikuyu community were “said to be negotiating with the outlawed Mungiki with a view to have sect members assist the community to counter their attackers” and that Mungiki members were meeting “in an undisclosed location in Nairobi with a view to carrying revenge attacks on Luos/Kalenjins travelling along Nairobi-Naivasha highway on undisclosed date.”

    On January 15, NSIS was informed that Mungiki members were planning to discredit the Government by instigating chaos in Nairobi and Nakuru “while others would raid Kamiti and Naivasha Prisons to rescue their colleagues held there among them (Maina) Njenga.”

    This supported information presented to us in camera by a senior police officer in Naivasha who had learned on January 9 that “there was a likelihood of the so-called Mungiki making way into prison with the intention of whisking away the chairman (Mr Maina Njenga) who is currently held in that particular prison.”

    Following up on this information, the Naivasha District Security and Intelligence Committee (DSIC), chaired by the district commissioner, decided on January 9, 2008 to increase patrols within the town and additional officers were sought from the Naivasha Prisons to assist the police.

    The Naivasha Prisons commandant, Duncan Ogore, confirmed having received such request for assistance and having furnished some prison warders to the OCPD Naivasha to help in patrolling the town up to January 27, 2008.

    On January 21, NSIS received precise information on part of the planned operation of violence in Naivasha, to the effect that Kikuyu youth in Naivasha “plan to block Nakuru-Naivasha and Gilgil-Mai Mahiu roads, to block/intercept vehicles from Western and Nyanza regions to fish out the targeted communities,” which is exactly what happened on January 27.

    According to evidence presented by the KNCHR, local politicians received support from Kikuyu elite from outside Naivasha to mobilise local jobless youth who were bolstered by Mungiki followers from Nairobi and Central Province.

    KNCHR had evidence of two planning meetings held on January 23 and 26 that a local hotel where influential Naivasha business people plotted the violence and paid between Sh100 and Sh200 to the youth, who would participate in the attacks targeting mainly members of the Luo community.

    Political activist

    Information of these planning meetings and participants was corroborated by individual witnesses, including two Naivasha social workers and activists.

    According to witnesses, evidence that Mungiki were involved in violence in Naivasha includes a high level of coordination of the attackers, many of whom were not Naivasha residents, as well as inside intelligence obtained from Mungiki members involved in the violence.

    A Kikuyu political activist who testified in camera told us that she learned from an aide to Ndura Waruinge, Mungiki national coordinator, that Mungiki was not responsible for all the violence in Naivasha, and that one “could differentiate the Mungiki from the locals, because where Mungiki went, they were not looting, they were just destroying properties. But with the locals, they were looting.”

    She further testified that the attacks happened at the same time, around 9am, in the estates of Kayole, Kabati, Kihooto and Karagita, and so she thought the attackers “were dropped at those areas and they had orders (to) start at 9am”, which she characterised “as having the Mungiki type of organisation.”

    A former MP

    Acting either on NSIS or on its own intelligence, the Naivasha DSIC gathered similar information with regard to a number of politicians and businessmen whom it suspected of financing and organising the gangs they believed to be Mungiki, which were responsible for the Naivasha violence. ... MAELEZO ZAIDI
  6. Invisible

    Invisible Admin Staff Member

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    Kenya's parliament has approved a Truth, Justice and Reconciliation Commission (TJRC) to probe human rights abuses since independence in 1963.

    Those found guilty of genocide and other human rights violations will not be eligible for amnesty.

    The move comes amidst debate on how to deal with those implicated in the violence that broke out after the disputed elections in December 2007.

    An international tribunal has been urged to try those behind the clashes.

    More than 1,500 people were killed and some 300,000 more fled their homes in the unrest.

    President Mwai Kibaki and Orange Democratic Movement leader Raila Odinga, now prime minister, signed a power-sharing deal in February to bring an end to the crisis and formed a coalition government.

    Culture of impunity

    The setting up the TJRC was recommended by the National Dialogue and Reconciliation Committee which was formed to deliberate on the root causes of the post-election violence.

    The clashes were blamed on unresolved historical injustices such as distribution of land and state resources, and alleged human rights violations by previous governments and political leaders.

    The TJRC will investigate crimes committed since the country's independence in 1963 to February 2008.

    It will have nine commissioners - six Kenyans and three foreigners.

    The foreign commissioners will be appointed by the team of African Eminent Personalities which mediated the power-sharing deal along with former UN Secretary-General Kofi Annan.

    Correspondents say the TJRC is separate from the international tribunal, which was the recommendation of a separate commission of inquiry set up after the violence, headed by Justice Phillip Waki.

    It found that politicians and businessmen on all sides had stirred up violence after the polls.

    Last week, Mr Waki handed over a sealed list of suspects to Mr Annan, the chief mediator of the power-sharing agreement.

    It was agreed that if an international tribunal was not set up within 60 days, Mr Annan would hand over the names to the International Criminal Court (ICC) in The Hague.

    'Political mischief'

    Politicians have clashed over the Waki report's recommendations, with some calling for unconditional amnesty for those implicated.

    Others insist that those involved should be prosecuted as amnesty would encourage impunity.

    President Kibaki's Party of National Unity (PNU) says that the report should be implemented fully within the framework of a new constitution.

    Mr Annan urged the Kenyan government to set up the tribunal, saying the long culture of impunity must end.

    Human rights activists say they fear the TJRC will duplicate some of the work to be undertaken by the Waki tribunal.

    "Considering the political realities in Kenya, I will not be surprised that there will be political actors who will want to slow down on the implementation of the Waki recommendations," human rights lawyer Harun Ndubi told the BBC's Focus on Africa programme.

    Mr Ndubi said he read political mischief in the duplication of roles between the TJRC and the proposed tribunal.

    "They are hoping that they will cover their tracks because they will have an opportunity to negotiate for amnesty... It is possible that the politicians are using this TJRC as an avenue for self interest," said Mr Ndubi.

    The attorney general is to study the bill before presenting it to President Kibaki for assent into law

    Story from BBC NEWS
  7. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    Tell you what, this thing is not going to work as it's suppossed to.

    How many commissions has Kenya had to check into the post election violence?...What has been done to any of the findings therein?...Kisha they are trying to say that this commission is meant to look at the ills committed in Kenya since Independence.

    Why waste taxpayers money when that fact is already known?

    Kenya's biggest problem(or source of problems) was non other than Jomo Kenyatta himself aka Mwizi wa Mashamba.Its a sad fact to accept but the so called founding father of Kenya takes the blame squarely on his shoulders for the tribalistic tendencies of Kenyans...laiti angalijua, angemsikiza Nyerere kwanza kabla kuanzisha sera ambazo kwamba zingehakikisha kua jamaa zake(soma familia) wamefaidi mashamba yalokua yanawachwa na wakoloni wakielekea kwao.

    First forward to the present scenario...Kibaki takes 100% blame for the post election violence and the deaths ensuing.
  8. Kevo

    Kevo JF-Expert Member

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    I doubt if that commission is going to do anything coz it may end up colliding wiht powerfully politicians who in one way or the other are very much responsible for the Kenyans suffering,anguish and agony.
    No wonder the report by Judge Wacky about the establishment of an Independent Tribunal to try and prosecute the mentioned suspects into the killings of the Kenyans after the elections has come under too much scrutiny and criticism by the Kenyan politicians who do not want to establish the Tribunal!
    In Kenya Its Much Easier Said Than Done!
  9. S

    Son of Alaska JF-Expert Member

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    the kenyans should let sleeping ghosts lay down,these truth commisions will unveil too much worms under the woodwork,these commisions will bring back to life the likes of MBOYA,J J KARIUKI and enflame ethinic hatred
  10. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    Son Of Alaska,

    I beg to differ 100%...that thing of letting sleeping ghosts lay is what has cultivated a culture of impunity among African leaders.

    Best example, after Kibaki stole the election and arm twisted ODM in sharing the spoils in the name of a coalition Govt, Mugabe saw that he could do the same thing...Guess what?..he went ahead and did it and right now as we speak Zimbabwe's situation is hanging on a balance.

    Kisha jiulize, why set up these commissions and waste taxpayers money only to "let the ghosts lay" as you put it?This was Moi's trend and Kibaki is picking up on it.So the culture has to be stopped and it has to be done now regardless.

    Bring the reflection closer to home....itakuaje hapo 2010 CCM wakipigwa chini kisha waibe kura na kuwaambia upinzani wafanye coalition?Usione kana kwamba haiwezekani maana mwenzio akinyolewa nawe kitie kichwa chako maji.
  11. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    to say the least, there is no need for a tribunal maana all that needs to be known is in the Waki report...names and incidents. So the ball is in the court of those mentioned and they should clear their names one way or another.The more they dilly dally with it the more people will call for the
    Hague to act.Kumbuka Waki gave Annan the complete report and Kibaki got another copy.

    Zamani, they would have given the damn thing to the President then ask him to give it to Annan.

    Acha nikupe data za huyu Jaji Waki.When Kibaki came into power he hounded a bunch of Judges from office siting corruption as an excuse.Ukweli ni kwamba he wanted to replace them with his own kinfolk.Waki however stood his ground na akataka wafanye kesi mahakamani. At the end of the day he was cleared of any wrong doing and was given his job back.

    Fast forward to today kisha jamaa akapewa hii kazi...naturally alikua na usongo na Kibaki and that is why he laid it out bare like that. Wanasema wenyewe wazungu, Karma can be a mother*%#!

    Meanwhile the main reason Kibaki si calling for amnesty ni kwa sababu Mkewe Kibaki(nyumba ndogo) ametajwa humo ndani vibaya kweli. A'fu pia kuna yule mtoto wa Kenyatta kwa jina Uhuru.If these names were not there, believe me Kibaki would have sacrificed everybody else so as to get back at ODM for killing Kikuyus during the post election violence.

    Naomba kuwasilisha.
  12. Kevo

    Kevo JF-Expert Member

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    Well then every dog has its day!
    kibaki should pave way for justice to be administered.The eras when we used to say that law is there to serve the interests of ther rullers are over.If any of his beloved ones are mentioned in the report they should come out and clear their names and not to remain under the carpet!But I hope as well Waki did not include his emotions in the report since you suggest that alikuwa na usongo na kibaki coz any involvement of his emotions to get it back at him may tarnish the good thing the commission has done!
  13. M

    Masatu JF-Expert Member

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    Mr Kiviutu these guys are closing in now...
  14. S

    Son of Alaska JF-Expert Member

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    these truth commisions hardly work,say for the expectations of hoodwinking the toilling masses that justice has been seen to be done.the politico-econo climate of most african countries is just not condusive to these public tax wastage good for nothing commisions.In kenya's case,a truth commision going back to the 60's will set this country alight,because what happened after and during the elections is choir stuff compared to them yesteryears wherby politcal opponents were being assasinated
  15. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    Central MPs turn their guns on Waki

    Updated 3 hr(s) 22 min(s) ago

    By Standard Team

    It started with a trickle, now the floodgates are open.

    On Wednesday, MPs of the 10th Parliament were near unanimous that the Waki Report was too "flawed to be acted upon".

    Only a handful of 56 MPs who went into a flurry of regional meetings over the report — that recommends a Special Tribunal for Kenya, or a date with the International Criminal Court in The Hague for post-election violence suspects — appeared ambivalent.

    They cut across the country and the political divide — from Central Kenya to Eastern and Nyanza, and political parties PNU, ODM and ODM-Kenya.

    But even as the MPs closed ranks, the United States was sending a clear message that the world was watching.

    "There must be accountability over post-election violence. It is not for the US to dictate how Kenya will bring people to justice. We will offer our support," said United States Under-Secretary for African Affairs Dr Jendayi Frazer in Nairobi on Wednesday.

    Once Waki timelines expire, she added, the US will "take a decision in consultation with (former United Nations Secretary-General Dr Kofi) Annan and other international actors after listening to the Kenyan Government".

    She hinted that the US expected a local solution. And if some recommendations are not implemented, it would, with other partners, seek to understand the reasoning behind the non-implementation.

    Taking a position on Wednesday were some 20 Central Kenya MPs, who dismissed the Waki Report as "too shallow to be acted upon".

    Hosting the 20 MPs from Central Province on Wednesday were Deputy Prime Minister Uhuru Kenyatta and Cabinet colleague Mr Kiraitu Murungi.

    The MPs — under the umbrella of the Central Kenya Parliamentary Group — scoffed at the Waki Commission for "leaving out those who incited violence by calling for mass action".

    These people, they said, were on record, and included those who asked people to reject the presidential election result.

    Mathira MP Ephraim Maina, who chairs the group, said the victims of the violence "who rose to defend themselves" are now the ones being targeted by the report.

    He said President Kibaki was fully briefed on the position they were taking.

    "It has become very necessary to hold a consultative meeting to discuss the way forward on various issues touching on our community, e.g. the Waki and Kriegler reports and a new Constitution," read the invitation text message sent to MPs by Maina.

    "Please avail yourself (sic)… it is important to attend in the interest of our community…"

    Maina said Justice Philip Waki was playing a political game with the report and did not do thorough investigations.

    Kalonzo’s party

    "Waki did not do a thorough job. He has left out people who incited Kenyans to violence and included those who defended themselves. Even the Bible allows self-defence when one is attacked,’’ said Maina.

    And in ODM-Kenya, six MPs rejected the implementation of the report, terming it "divisive".

    The MPs, of the Vice-President Kalonzo Musyoka-led party, are said to have been holding meetings over the past three days at Kangundo MP Johnstone Muthama’s office.

    The flurry of meetings came ahead of today’s ODM Parliamentary Group meeting, and tomorrow’s special retreat of Cabinet ministers, Assistant ministers and Accounting Officers.

    The reactions from the MPs was a powerful pointer to the hard choices that President Kibaki and the Prime Minister will have to make to appease their supporters.

    The lawmakers appeared to read from the same script as Agriculture minister William Ruto, who earlier dismissed the report as a shoddy work that fell way off the mark.

    The Prime Minister his deputy, Mr Musalia Mudavadi, have been consistent and called for the "full" implementation of the report. The two, however, are facing internal dissent.

    On Wednesday, the Regional Development Minister Fred Gumo and a member of ODM said the implementation of the report would "plunge the country into chaos."

    "When President Kibaki and Prime Minister Raila Odinga signed the peace deal, they decided to bury the hatchet and reconcile the country," Gumo said at his office on Wednesday.

    He, however, acknowledged that Kibaki and Raila had called for the formation of the commission and could not now turn around to refuse to implement the report.

    Nyanza MPs

    Fresh pressure was coming from Nyanza ODM MPs, who tasked Olago Aluoch (Kisumu Town West) and Otieno Ogindo (Rangwe) to meet the PM over his utterances on the report that they felt could jeopardise the party.

    About 14 MPs were last evening meeting at the Jaramogi Oginga Odinga Foundation offices at Upper Hill, Nairobi for feedback. The PM joined them at 7pm.

    At Central Kenya Parliamentary Group meeting, Uhuru told journalists: "I will comment at the appropriate time… God bless you".

    Mathira MP Maina, who spoke for the Central Kenya MPs, called for fresh investigations into all those responsible for the post-election violence in spite of their station in life or community.

    He said Central Kenya MPs were opposed to trying Kenyans in a "strange foreign" land and would instead want a tribunal set up in Kenya and manned by Kenyans.

    Another cause of concern for the MPs was the fact that Waki did not give President Kibaki the secret envelope, despite his being the appointing authority.

    Maina said Waki had undermined the authority of the President and Kenya’s sovereignty.

    The MPs present included Assistant ministers Mr Lee Kinyanjui (Nakuru Town), Mr Kareke Mbiuki (Nithi), Mr Mwangi Kiunjuri (Laikipia West), Mr David Njuguna (Lari), Mr Dick Wathika (Makadara) and Mr Njeru Githae (Ndia).

    Others were Mr Nemesyus Warugongo (Kieni), Mr Ferdinard Waititu (Embakasi), Mr Elias Mbau (Maragwa), Mr Simon Mbugua (Kamukunji) and Mr John Muthutho (Naivasha).

    Also present were Mr Joseph Kiuna (Molo), Mr Jamleck Kamau (Kigumo), Mr Moses Mwathi (Limuru), Mr F T Nyammo (Tetu) and Mr Kihara Mwangi (Kiharu).

    Another CKPG meeting is slated for this morning.

    The Standard | Online Edition :: Central MPs turn their guns on Waki
  16. Nyaralego

    Nyaralego JF-Expert Member

    Oct 30, 2008
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    Here is the list of shame toka wanainchi forum...these perpetrators and inciters have to be charged with murder they committed/facilitated...if not it will set a precedent for other countries and also for the next round of elections 2012

    they should be tried...coz maybe ...just maybe it might deter anyone with similar thoughts OR the next round of post election violence.

    Shocking List of Perpetrators - WANANANCHI FORUMS
    Last edited: Oct 30, 2008
  17. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    Cabinet keeps off the Waki Report

    Published on 13/11/2008

    By David Ohito and Joseph Murimi

    International pressure on the Kenya Government to implement the Waki Report went a notch higher, even as the Cabinet skipped discussing the issue on Thursday. It was too hot to handle.

    Twenty-five diplomatic missions in Nairobi, including the US, Canada and the European Union countries, piled pressure for the implementation of the report whose key recommendation was the setting up of a special tribunal to try the financiers, perpetrators and instigators of the violence that rocked the country at the beginning of this year.

    President Kibaki chaired Thursday's Cabinet meeting at State House, Nairobi, but the director of Presidential Press Service (PPS) Isaiya Kabira confirmed that the report was not part of the agenda.

    "The Waki Report was not on the agenda of the Cabinet meeting," Kabira said in statement emailed to newsroom shortly after the meeting.

    In a related development, legal experts warned that the perpetrators of the violence, in which 1,300 people were killed and more than 350,000 displaced could be destined for International Criminal Court (ICC) at The Hague, Netherlands, because it is becoming increasingly unlikely that Parliament would be able to legislate a framework for a local tribunal within the stipulated deadline.

    Time frame

    The Justice Philip Waki-led Commission set a 60-day window during which a tribunal would be established locally. The report was categorical that if plans to set up the tribunal were sabotaged, suspects of the violence would be tried at The Hague. They also handed over to the chief mediator of the election dispute Dr Kofi Annan a secret list of suspects that would be investigated for their role in the violence.

    Sources told The Standard a draft Bill establishing a tribunal was ready for adoption and presentation before Parliament.

    But in Nairobi, the 25 foreign missions said implementation of the Waki Report was essential to ensure democratic stability.

    Germany Ambassador to Kenya Walter Lindner said the Waki Report had to be implemented.

    "It is not a matter of whether we like the report or not, it must be implemented," the envoy said.

    He said it was up to politicians to decide whether to form a Truth and Justice Commission or use The Hague as a solution to try post-election violence perpetrators.

    In a joint statement the missions said: "Alongside Kenyans, we look to Kenya's leaders to implement the Commission's recommendations and ensure that those responsible for the violence are held to account."

    "We welcome the stated commitment of the President and Prime Minister to implement the recommendations," the envoys added.

    The message was endorsed by Canada, Japan, Norway, Switzerland, the United States and all European diplomatic missions accredited in the Kenya.

    These includes Austria, Belgium, Cyprus, Czech Republic, Denmark, European Commission delegation, Finland, France as EU Presidency, Germany, Greece, Hungary, Italy, Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden, United Kingdom.

    In pushing for the perpetrators of post-election violence, and endorsing the Waki Report as transparent, objective and thorough, the envoys were sending a strong message about their stand about institutional reforms as specified under the National Accord and Reconciliation Agreement.

    The statement further enhances the prospects that the suspects at the ICC should Kenya fail to establish a local tribunal.

    As the clock ticks away towards the February 28, 2009 deadline within which to form a local tribunal, Parliament is running out of time to legislate the requisite legislation that would pave way for the tribunal.


    However, lobbying among MPs to endorse the Bill when it comes before House is at advanced stages and there are plans to rush it through the process.

    "We are running short of time. Parliament is about to go on recess. Essentially we have less than 10 days of sitting," said ODM Chief Whip Jakoyo Midiwo.

    This period has reduced further following Parliament's weeklong adjournment last evening.

    PNU spokesman and nominated MP George Nyamweya said they were encouraged to hear that the foreign missions were calling for the full implementation of the report.

    He said PNU has been clear that the report should be implemented and are now urging the Government to move expeditiously and deal with it.

    Details of the Cabinet paper on the Waki Report and the Draft Bill remained scanty but a team of experts is reportedly putting their final touches to it.

    Sources said the Waki Report debate was skipped at the State House meeting to guard against its leakage and any plans to sabotage it from the floor of the House.

    A section of MPs in both ODM and PNU previously rubbished the Waki Report, claiming it could not be implemented.

    Speaking at a public forum on effective campaign against impunity, Centre For Social Justice and Peace and Release Political Prisoners activist, Dr Wanyama Eusebio, said the political class are misled in thinking that they are squandering the time to set up a tribunal with only 34 days left to the 60 days mark.

    Wanyama said Parliament has passed the International Crimes Bill that will give way for the setting up of a tribunal to prosecute violence perpetrators.

    "The House has no capacity now to beat the deadline nor the time to set up the tribunal. The only option left is to be tried at The Hague," he said.

    In denial

    Release Political Prisoners Trust (RPP) Executive Director Mr Stephen Musau said Kenya was living in denial adding that until truth and justice for the victims of post poll violence is found then lasting peace will be a mirage.

    Nairobi lawyer and former defense attorney at the United Nations International Criminal Tribunal for Rwanda (UN-ICTR) Mr Duncan Mwanyumba: "My experience in Arusha during the UN-ICTR trials was heart-rending. It will not be easy for us. How I wish that they were to be tried here at home."

    The Standard | Online Edition :: Cabinet keeps off the Waki Report