The Principals Must Tell us What They Know

Wait a minute So who is kidding who? “I won fair and square,” said Kibaki in January 2008.Raila on the other hand said he was rigged out by Kibaki. Kriegler on the other hand says that it is not possible to know the winner. Yet because of the impasse, over a thousand Kenyans were dispatched to their maker. Both principals exuded public confidence in their electoral victory. We all know that

Kibaki won fair and square and as a duly elected president found it economical to have a small swearing in ceremony at night in the state house. This way he saved on daylight and unnecessary feeding expenses on the mammoth crowd that would have come to cheer him at Uhuru park!

Raila also won fair and square, beating Kibaki to six out of eight provinces as well as registering an overwhelming parliamentary majority.

For strange reasons Kibaki lost six provinces and parliamentary seats but won the presidential votes. Kalonzo, on the other hand, won nothing but also lost nothing. Suffice to say his miracle came true thus concretizing his claim to prophetic authority.

Fast forward. There is a grand coalition government that was erroneously formed on a lie – that the two principals were both innocent and that the electoral commission was the sole problem. The argument being that the ECK told Kibaki that he had won – or isn’t that what baba Jimmy told us?

Ocampo is breathing fire in the Netherlands waiting to maul the culprits of this historical mishap. Waki on the other hand has presented a “comprehensive” list of suspects believed to be the key plotters of the Poet Election Violence. Details of this report have since faded in my mind but I remember the recommendations to try the perpetrators. This is in line with the accord signed by the two principals and witnessed by the chief mediator, Koffi Anan.

I know that you have all these details. If it is clear in my mind like it was yesterday, i am sure it is even clearer in yours since I am given to omitting details due to my acute memory lapse. Poor me – maybe that is why all the lies I try to tell fail miserably. Anyway, why do I need to remind you of what is obvious to all of you?

It is because an honest recollection of these historical facts will lead the honest truth seekers amongst us into making objective judgments and consequently fight for the truth to prevail in mother Kenya. Now be still and take this repository journey with me as we confront the consequences of these historical details. Let us weigh them against the present and see how best we can redeem the future.

The cabinet meeting convened to agree on the formation of a local tribunal flopped again for a second time in two weeks. The main reason as reported by both the daily nation and East African Standard Newspapers was simple: Cabinet disagreed on whether or not the president and possibly the PM should be tried if found complicit to the crimes in question.

The group proposing the amendment to the document argue that we risked being classified as a failed state with Ali Mwakwere is reported to have said that it amounts to a constitutional coup.

Those opposing the amendment argue that the tribunal must satisfy the Rome Statutes, which in turn sets the standards for the International Criminal Court, as well as those of a reputable local tribunal Kenya is seeking, and that is — no one is insulated.

The Standard reported that “A source said while majority of the ministers were of the view that the President should not be subjected to any prosecution while in office, others said even if the Head of State deserved protection, the new Bill must have that clause so as to meet the international legal thresholds.”

It is further reported that Mutula assured the Cabinet that while including the clause in the proposed Bill, he was acting in good faith to avoid giving the ICC an opportunity to dismiss a local tribunal.

At the end of the day it is reported that it was then agreed that for the sake of the country’s unity, a committee be formed to redraft the Bill after reviewing it to ensure “that leaders who are holding the country together were not subjected to any embarrassment that might trigger turmoil”. Thus in addition to Messers Orengo and Kilonzo, ministers Kajwang, Wetangula and Kiraitu were incorporated into the drafting team with the mandate to rework the stubborn clauses, mainly: the President, who is insulated by law from prosecution while in office, or even the Prime minister, should be opened up for trial.

Now i call for an objective evaluation of this situation. Should the principals be tried or not? Before I even reject this tribunal idea where the culprits determine who makes the trials let me beckon us into summoning an urgent trial of the Principals.

The both claim legitimacy to their thrones. The war that ravaged the country was in fact a political duel between the two. Both said that they are not guilty but we know that they cannot both be right at the same time. There are only two possibilities: Either they are both wrong and consequently guilty and need to pay for it or one of them is wrong and guilty and is in fact illegitimately ruling this country. This is the time for the two to vindicate themselves – both before Kenyans and the world. This is the opportunity for the two to tell us what they know about the election and the consequent violence.

Raila Odinga is in record to have supported draft Bill in its current form before he left the meeting. He has said before, elsewhere that he fears no prosecution, adding that he had faced treason charges and triumphed.

Kibaki is said to have been silent as the cabinet discussed the question of his immunity. It is however reported that the PNU ministers, with the exception of Mutula Kilonzo called for a deletion of the clause barring the president’s immunity.

This is my question. Why should Kibaki fear proving to Kenya and the world that he won fair and square. And even if he may not be able to prove it, hadn’t they paid the Krieglers enough to declare that it is impossible to tell the winner of the disputed election. What does he fear. Well, he was silent but what does his lieutenants know that we don’t know? Why don’t they just allow the trials to go on and Martha Karua should be there to defend the victory of Kibaki as she did at the BBC hard talk. Won’t Kimunya be there too?

That way we can jail Odinga for making us fight by claiming that Kibaki stole his victory. Or if found guilty, Kibaki can explain why and how they hatched the APs rigging plot. Don’t we deserve to know these things, yawa?
Of more interest (out of curiosity) is what was the role played by the international community in the whole electioneering process. The International republican Institute come to mind, among other. Leaders like George bush also come to mind. This is a large webb – let the spider catch its prey and let all Kenyans sit down and watch their TVs as we see the cows return home.

** Local tribunal – What are the advantages and disadvantages apart from the fear of political manipulation as is obviously expected?
** Why is the Hague a preferred option by most Kenyans according to the most recent opinion polls?
** Some people have recommended the Truth and Reconciliation commission. Apart from the fact that it is not supported by the Peace Accord, what are the possible limitations of the commission and what are its possible strengths? – How will it deal with impunity?

The answers to all these questions depends on the objective of the trials. Is it to stump out impunity? Is it for the purpose of revenge? Do we just want to know the truth?

Over to you Kenyans. as for me and the Hague we will claim the boys!