THE CABINET RESOLUTION: A SLAP ON THE FACE TO THE KENYANWHICH AMOUNTS TO MISCARRIAGE OF JUSTICE AND HOW IT WASTHROWN OUT OF THE WINDOW. By Mungai

Buoyed down by the pressures that were exerted from all quarters the cabinet under the stewardship of the president, was on it’s final sitting to deliver a decisive verdict concerning –The establishment of a local tribunal. The Kenyan people were closing their tabs closely and as per their arguments justice must be meted out at all costs. The international community was also monitoring the on goings in the cabinet.

Prior to that meeting there were other meetings which all failed to take a common stand. According to one school of thought it that this is called Coalition Government creature is weak for it lacks on effective centre of power. The cabinet meetings are supposed to harmonise divergent views on Government issues among the cabinet ministers so that they can reach a conclusive conclusion and then take a stand as a Government.

But, ours is divided to the core, and, prior to that cabinet meeting, the cabinet was so sharply divided to an extent that they were pulling into different directions. Three camps emerged from the cabinet, with each camp insisting on its option. One Camp supports the Hague option; the other one supported a Local tribunal, while the other preferred the Truth Justice and Reconciliation as the best option.

Thus the justice minister, Mutula Kilonzo, was a mandated by the cabinet to redraft the two crucial bills that were rejected and fine tune it putting into consideration these divergent views whereas towing in line with the Rome statute.

The president and prime minister have all along been united in the conviction that those who planned, financed, directed mass murder, arson, rape, evictions and other serious crimes in the wake of disputed elections must face justice under a special local tribunal.

So on Thursday July 30th, after emerging from the cabinet meeting the cabinet held a pres conference, where the president and prime minister, addressed the Nation on what they had deliberated. They said that the cabinet had resolved to settle for a Truth Justice and Reconciliation commission, because, the country needs more of reconciliation. The president said that the Government will undertake accelerated and far reaching reforms in the judiciary police and investigative arm of the government to enable them investigate, prosecute and try perpetrators of post election violence locally.

But, in matter of retrospective, what amounted and transpired in the cabinet to hand over the trials of the mastermind of 2007/8 post election mayhem and murder to the Truth Justice and Reconciliation Commission? And, how does one explain the travesty witnessed over that verdict over the issue of post election violence masterminds?

According to most political pundits the cabinet’s decision amounts to total miscarriage of justice, a slap on the face to the Kenyan and a show casement of how justice was thrown out of the Window as we embraced impunity. To our utter dismay the political elite buccaneers are the ones who are having the last laugh at the end.

The cabinet settled for a compromise option that would please all the competing political elite interests in the cabinet. Failure by the cabinet to settle for a more pro-active measure and their failure to take a decisive action amounts to giving itself a red card as they had gone against the wishes of the people.

And, in the public opinion courts, the cabinet decision is suspect, and it doesn’t hold any water because right from the beginning, there were clear political signals that the Coalition government was not committed to forming a local tribunal. The cabinet is taking Kenyans fir a ride, and, as any keen watcher of this country knew that the Coalition government could not form a tribunal to try itself, they threw out the proposal that would make those responsible to answer for their crimes.

The decision to endorse T.J.R.C to deal with the perpetrators of the Post Election was ill timed, as it will perpetuate and acknowledge impunity. To claim that what Kenya needs is healing through forgiveness is an assumption that has no basis. This dragon of Impunity which can kill a whole nation, unless we slay it with two swords.

So we must rise up in one voice and tell the cabinet their decision is yet another attempt to entrench impunity. We must tell them that they should stop treating us to mind games aimed at hoodwinking that impunity is being fought, in a nutshell, let these politicians know that even if it takes ganzillian years they will be tried posthumosously.

That cabinet resolution will haunt them forever because instead of going with the people who supported the popular and widely accepted Local tribunal, they decided to have their way and this will definitely trigger a new wave of political bickering and intrigues. Infact it reveals the desire to retract its adoption of the Waki report.

As the international Community says, of which was best captured by the U.S.A President, Barack Obama, In Accra, Ghana, On July 11, he said that America has “a responsibility to support those who act responsibly and isolate those who don’t.” And it seems as if we might tilt to an island of isolation


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