David Mugonyi And Bernard Namunane
23 October 2008
Nairobi — ODM has asked its lawyers to study the recommendations of the Waki Report after its top leaders failed to agree over how it should be implemented.
Sources said the ODM meeting that was called to take a common stand on the report degenerated into a row between those who support the full implementation of the report and those opposed to it.
Although the meeting was meant to be attended by all the 21 ODM ministers, only 11 attended. Some were said to have had engagements elsewhere.
Different scripts
It is understood that Mr Odinga was concerned that key people in the party and the Government appeared to be reading from different scripts as debate raged on whether the report should be implemented or not.
Those who attended the Wednesday night meeting at the PM's Treasury office were Mr Odinga, Deputy Prime Minister Musalia Mudavadi, Cabinet ministers Henry Kosgey, William Ruto, Najib Balala and Charity Ngilu. Others were James Orengo, Paul Otuoma, Hellen Sambili, Chris Obure and Ibrahim Elmi.
On Thursday, Parliament passed the Truth, Justice and Reconciliation Commission Bill, in a move that marks the beginning journey to end impunity.
It is now left to President Kibaki to sign the Bill into law. Once the law comes into effect, a nine-member Truth, Justice and Reconciliation Commission will be set up, with powers to investigate and recommend appropriate actions on various human rights abuses committed between December 12, 1963, and February 28, 2008.
Meanwhile, Government spokesman Alfred Mutua has discredited yet again the Waki report insisting that no meeting took place at State House after elections.
He described some of the findings in the report as "logically untenable and ridiculous." And Metropolitan Development minister Mutula Kilonzo asked attorney-general Amos Wako to interpret the report and give direction.
Agriculture minister Samuel Ruto and his Heritage counterpart, Mr William ole Ntimama have criticised the report saying it is riddled with "rumours and hearsay" and thus should not be implemented.
Mr Odinga, Mr Mudavadi and Mr Orengo have called for the full implementation of the proposals that could see those named in a secret list of perpetrators charged before a special tribunal as recommended by Mr Justice Philip Waki, who led a commission of inquiry into the post-election violence.
The representatives of ODM and PNU in the National Accord and Reconciliation now have 53 days to sign an agreement establishing the special tribunal.
Failure to start the process of forming a tribunal means the 10 people named in the secret list will stand trial at the International Criminal Court.
A 60-day deadline in which Kenya has to set up a tribunal ends at midnight of February 28, after which the ICC will take over cases of those named in Waki's report, include six Cabinet ministers.
Parliament is expected to change the Constitution to pave way for creation of the special tribunal to investigate and prosecute those implicated. The Constitution can only be amended by 145 MPs.
During the ODM meeting, Mr Odinga, Mr Mudavadi and Mr Orengo were said to have held that the report should be implemented, while the rest said it should not because of what they described as "defective evidence". Mrs Ngilu did not speak.
They cautioned that because of the manner in which the Waki Commission crafted the recommendations, it would not be easy to wriggle out saying it would be better to handle the matter locally than subjecting the suspects to a trial by the ICC in The Hague.
Mr Kosgey, it is understood, backed Mr Ruto and Mr Ntimama, saying the report had deficiencies and it was likely to create animosity rather than heal the country.
Mr Odinga, Mr Mudavadi and Mr Orengo also cited the public mood saying Kenyans were demanding the implementation of the report to ensure that the perpetrators of post-election violence were brought to justice.
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