Dave Opiyo
3 April 2008
Nairobi — Court of Appeal judge, Justice Philip Waki, will chair the mini commission to investigate the post-election violence, it was announced on Wednesday.
The appointment follows weeks of consultations by members of the National Dialogue and Reconciliation team seeking ways of resolving the current political impasse facing the country.
The respected judge will now lead the judicial mini commission, whose two other members are yet to be appointed.
The two commissioners, all of whom will be foreign experts, will be appointed by the Panel of Eminent African Personalities led by former UN secretary-general Mr Kofi Annan.
Other members of the panel include former Tanzanian President Mr Benjamin Mkapa, former South African First Lady Graca Machel and co-chair of the talks Nigerian diplomat Prof Oluyemi Adeniji.
Members of the negotiating teams, which resumed talks on Wednesday, said Justice Waki had agreed to preside over the mini commission.
Said Sabatia MP Musalia Mudavadi: "We have already communicated to him, and he has expressed his desire to chair the mini commission to investigate the post-election violence."
Mr Mudavadi further revealed that the names of the three commissioners to probe the post-election violence are expected to be gazetted on Friday.
"It is after their names have been gazetted and the commissioners sworn in that they will be expected to draw up their work plan and rules of procedure," he said.
The commission is expected to table its recommendations within six months.
Justice Waki was amongst several High Court judges and those from the Court of Appeal who faced tribunals to defend themselves against charges of corruption and abuse of office.
The Judicial officials, most of whom were suspended from duty, were named by the Ringera Committee, which investigated graft in the Judiciary.
They faced a wide range of accusations, including demanding and receiving multi-million-shilling bribes.
Other accusations include lack of integrity, unethical conduct and judicial misbehaviour.
According to the Ringera Report, corruption included demanding and accepting bribes, sexual favours, free transport, hospitality and gifts in return for partisan judgments.
However, Justice Waki's suspension was later lifted after he was acquitted of any wrongdoing by the tribunal investigating his conduct.
Pending issues
Mr Mudavadi said the negotiators agreed during an informal consultative meeting on Wednesday morning that they would speed up discussing all the other pending issues.
The negotiators are yet to discuss the resettlement of more than 350,000 uprooted people, ensuring sustainable peace, security and justice and the comprehensive review of the Constitution.
The team is also yet to address historical injustices including unequal distribution of resources.
Said Mr Mudavadi: "This is necessary because the negotiators want to finalise on some of these issues before Parliament reconvenes so that they can be debated upon," said Mr Mudavadi.
Also present during Wednesday's session were MPs James Orengo (Ugenya), Sally Kosgei (Aldai) from ODM and ministers Martha Karua, Sam Ongeri and Moses Wetangula. The other one was Mbooni MP Mutula Kilonzo.
Eldoret North MP Mr William Ruto was absent.
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