Politicians cross swords over

implementation of Waki Report

By Standard Team

The question of whether or not to implement the Waki Report in full drew more fire on Wednesday, even as the international community sent a warning shot: “We are watching you.”

Politicians continued holding closed-door meetings over the report, which has the potential to rip apart the Grand Coalition Government and upset fragile peace.

Prime Minister Raila Odinga with Constitutional Affairs Minister Martha Karua during the International Conference of National Human Rights Institutions at the Hilton Hotel, Nairobi, on Wednesday.[PHOTO: MOSES OMUSULA/standard]

And outside, it was a Tower of Babel as politicians supported or trashed the report. Yet other leaders continued to amend their positions on the matter, as the full import sank in.

Last evening, Prime Minister Raila Odinga, who is also the leader of ODM, a party that could bear the brunt of a possible fallout, summoned the party top brass to a closed-door consultative meeting.

It came a day after the PM crossed swords with Agriculture Minister William Ruto, who dismissed the Waki Report as “shoddy” and having “missed the point by a wide margin”.

Present at meeting

In last night’s meeting at the PM’s office was Deputy Prime Minister Musalia Mudavadi, Mr Ruto and fellow Cabinet Ministers Henry Kosgey, James Orengo, Najib Balala, Charity Ngilu and Sally Kosgei.

Earlier yesterday at the 9th International Conference of National Human Rights Institutions in Nairobi, the Prime Minister had again called for the “full” implementation of the report, but also spoke about the need to come up with homegrown solutions for the way forward on the Waki Report.

Said Raila: “Leave retribution to the Lord. We do not want to revenge against anybody, we want to build and construct our society.

“We want to have a wide discussion. It is not a prescription we are just offering an option out of. But ultimately, Kenyans will collectively decide”.

He spoke as outraged ODM MPs from Rift Valley criticised Raila’s stand, saying it appeared the PM and Deputy PM Mudavadi — who has also spoken strongly on the report’s full implementation — were settling scores with “likely political competitors”.

What’s going on

“We know what is going on and those shouting loudest for the implementation of the report think their competitors have been incriminated,” said Eldama Ravine MP Moses Lessonet.

He said Kenyans fought because of the presidency, which Raila was contesting last year, and “it was wrong for him to sacrifice his foot soldiers after attaining a portion of power”.

“It is sad that Raila is spitting at the people who thrust him where he is now,” he said.

“All the claims bandied around are meant to discredit leaders from the Rift Valley and we are surprised that Raila is supporting it passionately,” said Chepalungu MP Isaac Ruto.

Also speaking out as the Rift Valley MPs retreated into a closed-door meeting last night was Rongai MP Luka Kigen, who said it was ironical that Raila and Mudavadi were turning against the people who heeded their calls for mass action the presidential poll results were “stolen”.

Protests

“The protests were called by the two top ODM leaders and must be held responsible. The comments they are making are irresponsible and we believe they are personal,” he said.

Others were Kipkelion’s Dr Magerer Langat, Mr Joshua Kutuny (Cherang’any) and Mr Benjamin Lang’at (Ainamoi).

“We are supporting President Kibaki on his calls for amnesty. We cannot tolerate more attempts to divide a country that is already fragile. On this matter, Raila and Mudavadi are wrong and we support Kibaki, who we will seek audience with,” said Kutuny.

Yesterday, the Prime Minister was emphatic that justice must be done to the victims of the January violence. He, however, appeared to be considering alternatives, including considering a Truth, Justice and Reconciliation model along the lines of South Africa and borrowing lessons from others, including Rwanda.

And Justice and Constitutional Affairs Minister Martha Karua threw her hat in the ring, saying the President and Prime Minister were committed to the report’s implementation.

Kenya’s debate

“The debate that Kenya is engaging in is about restorative justice rather than retributive justice, where we should balance between the issue of national healing and the need to punish offenders”.

She added: “For there to restorative justice and forgiveness, there has to be an acknowledgement that wrong-doing did occur and if it occurred in any other circumstances, then we would be condoning violation of human rights.”

She said brushing aside violations and without forgiveness of offenders by the victims would see another cycle of violence.

Internal Security Assistant Minister Orwa Ojode termed the report “too sensitive to be implemented as it is”.

He said MPs would block any attempts to pass a law that would lead to the establishment of a tribunal.

“We cannot pass a law on the basis of an envelope whose contents we do not know. What if your name is there?’’ asked Mr Ojode.

He, instead, called for a Truth, Justice and Reconciliation Commission that would be a better avenue for healing the nation.

Implement report

But Medical Assistant Minister Danson Mungatana said the report should be implemented to the letter.

Mr Mungatana said Cabinet ministers and Assistant ministers mentioned should resign.

“President Kibaki and the PM should not fear replacing those adversely mentioned,” he said.

The Waki Report on post-election violence that led to the deaths of more than 1,000 people has sent panic across the political divide after it recommended that those mentioned be tried in a yet to be created Special Tribunal for Kenya, or in the absence of this at The Hague.

Justice Philip Waki, who chaired the commission, has since handed over an envelope containing the names of suspects to former UN Secretary-General Kofi Annan, who led a mediation team that pulled Kenya from the jaws of civil strife.

The international community chimed in. “We believe implementation of the report is for the good of this country,” said Swedish Ambassador Ann Brandt. Canadian Ambassador Ross Hynes welcomed the PM’s proposal for a Kenyan solution, but said the move must be immediate.

What next

“I do agree with the PM that it is Kenyans to determine the next course of action. However, the sooner they do that the better — before the international community becomes impatient,” warned Hynes.

FAO Country Director Castro Camarada and Chairperson of the Kenya National Human Rights Commission Florence Jaoko said the report should be implemented to end the culture of impunity.

Cabinet Minister Joseph Nyagah described the matter as a big challenge for ODM.

Mr Nyagah, however, said the party was not responsible for statements made by individuals, and supported calls for a party approach.

He told party MPs to stop using the report to create acrimony and tension in the party.

“We need to pull together. I know that no one is targeting anyone, no ODM leader wrote that report, all of us — Ruto, Raila, Musalia, Balala, Ministers and MPs — must work together as a party”.

It also emerged that Raila and Mudavadi’s unilateral stand on the Waki Report has caused panic among MPs from Nyanza and Western provinces.

Shocked

“We are shocked at the position Raila and Mudavadi have taken on this matter. They have put the life of our party on the line,” an MP from Nyanza who declined to be named said.”Everyone is shocked that Raila can root for the adoption of a report whose contents are flawed in one way or the other. We agree that certain sections are worth adopting, but there are parts which should not even be mentioned,” said the MP.

Last night, the PM’s office issued a statement denying reports that Raila had had had an “apparent change of heart”, and restated his commitment to the implementation of the Waki Report.

“Mr Odinga is committed to the full implementation of Waki and Kriegler reports, and he said as much in an official Kenyatta Day statement issued to all media organisations on October 20.”

Separately, Vice-President Kalonzo Musyoka echoed Raila’s remarks, saying the Government would give priority to the establishment of TJRC.

Plea to AG

Nairobi Metropolitan Minister Mutula Kilonzo, a member of the Serena talks that hammered out the coalition deal, said AG Amos Wako, the State’s legal adviser, had the obligation to advise the Government on the way forward to stop speculation.

He hit out at Ruto, accusing him of “barking the wrong tree” following his criticism of the report.

“I am not sure why Ruto reacted the way he did as he was a member of the committee that came up with the Commission. It is a misunderstanding of this committee,” he added.

Kaddu Chairman Cyrus Jirongo and Budalang’i MP Ababu Namwamba backed the shelving of the Waki recommendations to enhance harmony and reconciliation.

“Suspects of the post election violence were fighting for the interests of President Kibaki and Prime minister Raila Odinga. We cannot punish the offenders and spare the two,” said Namwamba.

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API/Source.standard.ke