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Kenya: Amnesty Row Rages
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The Nation (Nairobi)
2 June 2008
Posted to the web 2 June 2008
Lucas Barasa
Nairobi
President Kibaki Sunday ruled out any possibility of the Government giving youths involved in post-election violence blanket amnesty.
Speaking for the first time on the issue that has threatened to split the 45-day-old grand coalition Government, President Kibaki said all cases would be investigated and those found guilty punished.
The President's stand attracted diverse views from politicians, some who insisted that the youths should be freed as a way of healing and reconciling the country.
Addressing the Madaraka Day celebrations, to mark 45 years of Kenya's self-rule, the President was clear that perpetrators of post-election violence must face the law, taking the debate over calls for amnesty to another level.
Solve problem
The President spoke minutes after Prime Minister Raila Odinga had given hope that amnesty was being considered and that the matter would be sorted out in due course.
"We will solve the problem of the youths who were arrested," Mr Odinga said.
The President, however, stamped his authority on the matter in his official speech and off the cuff explanations in Kiswahili saying "haitawezakana kuhurumia watu wa fitina na hawataweza kuenda mbali na uchochezi" (there will be no mercy for people thriving on malice and propaganda against fellow Kenyans).
The President said no suspect of the violence, which left more than 1,200 people killed and 350,000 displaced from their homes and work places, would be released.
"No normal person will encourage that," said the Head of State.
The violence was sparked by the announcement of presidential election result on December 30, last year.
President Kibaki said once investigations were completed, those found to be innocent would be released without undue delay.
"But those who committed murder of innocent citizens, engaged in reckless destruction of property or rape, should not expect any mercy," he said.
Complete work
The President told thousands of people who attended the celebrations that the recurrence of politically-instigated violence, before or after general elections "is a situation we must not tolerate in modern Kenya."
"We should not spare them or those who recruit the gangs that cause mayhem," the President said.
His Government, he said, was implementing measures to promote national reconciliation, healing and cohesion.
The findings of the Commission of Inquiry into Post-Election Violence, which is expected to complete its work within three months, together with those from the Commission on the Review of the Electoral Process, would be strengthened by the Truth, Justice, Reconciliation Commission, whose Bill has been published, he said.
"We are going to great lengths to establish these commissions so that, as a Government and as a country, we can deal decisively with the problems posed by ethnicity and impunity. We are determined to restore harmony among our people and create an environment for national cohesion to take root," he said.
He envisaged a nation which reaches out to those who are weak and disadvantaged, and one where all citizens are provided with an enabling environment to realise their full potential.
The President's position is similar to that of Justice, National Cohesion and Constitutional Affairs minister Martha Karua, who is among key government leaders opposed to issuance of blanket amnesty to post-election violence suspects.
Commenting on the amnesty issue after the President's speech Sunday, Deputy Prime Minister, Musalia Mudavadi said: "There's a tough agenda ahead".
Culture and National Heritage minister, William ole Ntimama said thousands of innocent youths were languishing in jails and should be released.
But Energy minister Kiraitu Murungi and Finance's Amos Kimunya said the law must take its course.
"The message is now very clear. Even in cases of war or armed conflict, rape, murder and crimes against humanity are not pardoned," he said.
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Medical Services minister, Anyang' Nyong'o added that what the President had said was what the Cabinet had decided.
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