THE HAGUE WAY OPTION:IT’S UNPRECEDENTED THAT THE KENYA’S SECRET ENVELOPE MIGHT LAND THERE: By Mungai

Now it’s unprecedented that the Kenya’s file might land at the International Criminal Courts, Chief prosecutor, Mr. Moreno O’campo office. This file will be calling for Mr. .Moreno’s attention. The secret and sealed envelope containing the names of the main perpetrators of post election violence’s which is in custody of Dr. Koffi Annan and his team of eminent persons might be headed to the Hague.

This came along following the defeat of the constitutional amendment bill that would have entrenched a local tribunal to try post election violence masterminds, in our constitution .This was one of the main recommendation that was recommended by Justice Phillip Waki’s commission which investigated the post election violence’s.

Failure by the parliament to legislate the necessary laws that would have guided and enacted that tribunal speaks volumes, as it portrays a sinister underhand moves. And, according to their arguments they were skeptical of a local tribunal because it would have turned out to be a subject of manipulation by the political elites.

The defeat was as a result of high handedness by the executive who declined to listen to the civil society and so called rebel M.Ps, some of whom have presented crucial amendments to the bill that would have made it immune to manipulation which was the fear of all Kenyans.

The Waki’s commission had allocated the Government ample time frame to adopt it’s recommendations, constitute and lay down the necessary structures for the tribunal. Its recommendation had zero rated any diversion options for he had provided for either a local tribunal or the Hague, as the only options. The main perpetrators of the violence were not going to get off the hook.

The defeat of the Government sponsored constitutional bill in parliament by the opposed proponent’s raises much eye brows. The failure by the two principals to rally marshal their foot soldiers to support the bill unfolds the bigger picture of the reluctancy of political will.

But, the waki’s recommendations have ignited hullaboos from several quarters and salvos have been thrown towards it. Some leaders have argued that those recommendations are not cast in stone. And, here begs the question: why have a commission if you won’t follow its recommendation?

According to most M.Ps who were opposed to the local tribunal, they insisted that the local tribunal would have been a subject of manipulation by the political elite hence their stubborn stance.

But the whole thing had been infiltrated by politics, where blackmail, capitalization of the matter, undermining, where some favoured the local tribunal, others the Hague way came into foreplay. And, at the end of the day the politics had come to scuttle the whole process.

Now the leaders have retreated to their tribunal cocoons for protection .Its said that “only the guilty are afraid,” that’s why those who are guilty are now crying loudly to be joined by the riggers of the election in their inevitable journey to Hague. Equating theft of an election to murder and genocide as much as both are to be abhorred, is applying selective wisdom.

As Sunday Nations political columnist, Mutahi Mugnai, has been commenting each and every Sunday that those who paid the youths to kill ,rape and uproot had better get ready to board I.C.C prosecutor , Mr. Moreno O’campo’s plane.

Those alleging that there will be delayed justice at I.C.C might want to flex its muscle and demonstrate to the whole world that its teeth can bite by fast tracking justice to the Hague-bound suspects.

Hopefully by so doing those hell-bent on unleashing mayhem and terror on innocent Kenyan in 2012 and in subsequent elections will not even dream of it. And that’s the only way to end impunity.

But the defeat of the constitutional Amendment Bill to set up special tribunal, and, according to the recent opinion poll which showed that Kenyans favours The Hague, are the clearest indications that Kenyans have lost faith in the injustice system. And, its high time the government goes back to the drawing board in an effort to restore the lost confidence.


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