THE WAKI COMMISSION’S REPORT: THE MILLION DOLLAR QUESTION. DO WE TAMPER JUSTICE WITH FORGIVENESS OR DO WE IMPLEMENT IT. By Mungai.

According to the Sunday nation’s political columnist, Mutahi Ngunyi while writing and commenting about the just released report, by the Waki commission, he wrote that the Waki report is cold blooded, surgical and bold. And this is good and bad.

            The communist further argues that the judge Waki’s boldness is bad because according to him, it gives him the same nervousness as watching a baby hold a hammer. If the baby is the country, you can never tell where the hammer will land.

            Also, commenting on the same issue, President Mwai Kibaki, while addressing the nation during Kenyatta day celebration, lamented that justice must be tempered with forgiveness for reconciliation to take root.

As per expectation, the waki commission, which was headed by the high Court, judge, Philip Waki, released its report with a wide ranging of recommendations. The commission was appointed and mandated with the task of unraveling the mysterious circumstances under which the country delved into the orgy violence, which was characterized by heinous murders, wanton destruction of property and displacement of people. They were also mandated to unfold who were the real perpetrators and the masterminds of the violence.

The commissions report was bold, true to the point, as it analyzed the major stumbling blocks that facilitated the violence. And, without patting an eyelid, they didn’t sweep anything under the carpet; instead they exposed them in the public opinion and courts. They went to the rock bottom of everything and unearthed the stones that were not turned.

But the commission came up with two reports, where in the main report the main perpetrators who had their names been adversely mentioned, were expunged and sealed in the secret envelop which was handed over to the team of eminent persons, which was led by the chief mediator. Dr Koffi Annan.

Just like the ranging storm which affects every neighborhood, this report has touched all and sundry, which have left the country in a catch 22 situation.

The whole country is puzzled, and we are in a place where we are between the deep sea and the devil.

But, just like the other reports, the commission had its own scapegoat which it was ready to sacrifice at the alter of the public.

The commissioner’s verdict squarely blamed and accused the police force. The police force. The police force was highly accused because of its laxity ill preparedness to handle the violence, brutal and excessive use of force, its biasness, extrajudicial killings, collapse of the chain of command and failure to react after receiving security briefings over planned attacks.

But, do we have to blame the police force for their role in containing the violence, without tossing the other side of the coin?

Given and according to the volatile situation which was on the ground according to the commission, we can only equate the police force to the helplessly firefighters, who were called in to contain a fierce fire that had engulfed some residential houses.

The helpless firefighters had to contend with the fact that the accessibility to those houses there are gas cylinders, highly inflammable fuels, and because most people don’t posses good intentions, there are some who have explosives.

So, can you imagine the magnitude and intensity of the fire? And to the utter dismay of the firefighters, who are ill-equipped, such kind of fire they note is beyond them, so they can’t contain it. They can only watch the fire consumes the house or them struggles to contain the fire which they can’t.

That is how we subjected our police force to. They magnitude of the mayhem was way beyond their reach and that’s why they were overwhelmed subject to the tempted by ill motives and they were bound to be divided along the tribal lines.

But, the million dollar question still lingers and is, will the Government implement the recommendations without threatening the weakly coalition Government? Will the government heed the call for fully implementation and bite the bullet without causing alarming repercussions?

We are in a very delicate situation where we are still recovering from the wounds of post election violence and dragging the main culprits to The Hague, as recommended in the report might arouse the tribal repercussions .and, this is where the question lies, because I think we don’t have enough shock absorbs to neutralize the after effects.

As columnist Ngugi argued, that taking people to hague without correcting the source of the hate is futile to the extreme. He says that he supports restoration as opposed to protracted punishment.


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