The Waki Recommendations Furore

Good people,

There is no single thing that has caused as much consternation in recent days as the recommendations by the Waki Commission...essentially that for Kenya to end impunity, we must establish a tribunal to investigate and try those that are responsible for the chaos witnessed earlier this year in Kenya.

After the much publicised distorted, empty and dishonest charade by politicians led by Ruto, the Agriculture Minister, there seemed to be a rebate when the same people sought to shift positions and declare willingness to submit themselves to the tribunal if there were implicated.

But, and this comes at a time when i attended and listened to deliberations on the same at a forum convened by Dunia Moja, we may be in for the greatest deception of our times. One panelist, Ababu Namwamba, reiterated what he has said before: that Waki's way was not the only way. And on being asked about the much touted bill on the local tribunal, he said that since it was not published, it was pointless to discuss it. Legal smart...

And so, we should ask ourselves the following questions:

1. Has parliament ever published a bill that we have found not to have flaws? No. And since they are pressed for time (oh misery!), they will do a TJRC on it (they passed the tjrc bill in one afternoon and its the worst in recent times) Then they will shout from the roof tops that they were progressive. Meaning? We will have a tribunal law so flawed that the AG, Smily Wako, will enter nolle proseque every so often, take over the cases and terminate them. It will be a roller coaster charade choreographed by his eminence the President.

2. Is there any noted reformer who has the resources to ensure that the bill and tribunal is protected? No. Meaning, presidential clemency may be used for the, well, convicted people and the constitution ammended to ensure these people can hold public office.

3. Is the president and the prime minister ready for a collapse of the coalition government? No. Meaning? They will do all they can to ensure that we have impunity ingrained in the discourse of political hegemony to protect their interests and those of their people.

4. Will we have a new constitution within the 12 months after the National Accord? No. Why? we are six months away and the bill passed by parliament has not been signed into law since section 47 must be repealed first. Meaning? We are in for another round of promises, and several other rounds because REALLY a new constitution will mean that we go to the elections...an none of the aforementioned leaders, complete with the non-tax paying MPs is ready to go seek fresh amndate.

FACTS

1. The Waki report has far reaching recommendations on institutional reforms and is not about an envelope.
2. Like has happened elsewhere, the ICC may refuse to take over the process even when a local tribunal fails
3. The Kenyan political class will endeavour to create a fatally flawed law establishing the local tribunal
4. The Kenyan political class is afraid of the Hague option
5. The local tribunal as envisaged by Waki, for it to be effective, much entrenched in the constitution, its supremacy over the AG an any other court established, its independence guaranteed, and its resources secured.
6. Vigilance is the only weapon the Kenyan people have.
7. The Unga revolution is here!