26 October 2008
Nairobi — The Government was on the spot on Sunday from its own ministers and church leaders for wavering on implementation of the Waki report.
Anglican Church of Kenya Archbishop Benjamin Nzimbi called on the Government to "swiftly and decisively" implement the Waki report as Justice minister Martha Karua said the Government should honour its pledge "and implement the report.
However, key leaders remained sharply split over Mr Waki's recommendation that those linked to the post-election violence be prosecuted.
Set up tribunal
Prime Minister Raila Odinga said it was time the Government set up a special tribunal to try the perpetrators and financiers of the violence during which 1,333 people were killed while hundreds of thousands were uprooted from their homes.
However, other leaders, including Cabinet ministers, have opposed the recommendations of the Waki Report. The ministers opposed the implementation have argued that such a move would hurt Kenyans even more.
Among those in this group are Mr William Ruto, Mr William ole Ntimama, Ms Beth Mugo, Mr Fred Gumo, Dr Paul Otuoma, Mr Henry Kosgei, Dr Sally Kosgey and Mr Kiraitu Murungi.
Those who have spoken out in support of the report include Deputy Prime minister Musalia Mudavadi, and ministers James Orengo, George Saitoti, Esther Murugi and Naomi Shabaan.
While backing the Waki report, Mr Odinga said the formation of the tribunal would end speculation over the identity of the people listed by the commission as having financed and planned the violence.
A secret list of those linked to the mayhem was handed over to former UN secretary-general Kofi Annan about two weeks ago by Mr Justice Philip Waki.
According to the Waki report, those in the list will be automatically handed over to the International Criminal Court if Kenya fails to set up a tribunal to try them locally by February 28.
On Sunday, Ms Martha Karua challenged the Government to keep its word and implement the report as the first step towards ending impunity.
Speaking at the Tom Mboya Labour College in Kisumu, Ms Karua said: "Impunity has thrived in this country for long and it is only through implementing the Waki report that we can begin fighting the vice." She spoke during a Narc Kenya leaders meeting.
And Archbishop Nzimbi, called for "swift and decisive" implementation of the report to end anxiety among Kenyans and the international community.
Describing the Waki and Kriegler reports as "well researched and written", the Archbishop said the wishes of the people must prevail.
"If you commit a wrong, you have to pay for it. Forgiveness does not mean that you do not face the consequences," he said.
And in Homa Bay, Mr Odinga said: "The option right now is to discuss that report in the Cabinet and thereafter the tribunal is set up so that the truth is known." He urged the public not to panic but support the setting up of the tribunal.
Last week, Mr Gumo said that if the report was implemented in full, the country should be prepared to face the consequences.
And Mr Kosgei said the report had deficiencies and was likely to create animosity rather than heal the country. He pushed for forgiveness of those implicated in the violence, saying some of the accusations could seriously affect ODM.
Mrs Mugo, who is also opposed to the implementation of the report, said the proposed trial of suspected architects of the mayhem could prove counterproductive to efforts of uniting the country.
"You don't create more problems in the name of prescribing solutions," she said.
And in Eldoret, Mr Ruto said the tribunal would not only waste time "but defeat the whole purpose of unity."
He said: "It has been laced with a threat that if we don't abide by the recommendations, the individuals named in the envelope will be taken to The Hague... To create a tribunal that is not recognised in the Constitution is dangerous."
And Mr Ntimama criticised the report, saying it targeted members of some communities in Rift Valley. "We must expunge rumour and hearsay from this report before it is implemented," he said.
However, Internal Security minister George Saitoti said everything must be done to ensure what was witnessed early this year does not happen again.
"No one has a right to kill or destroy property. People are tired of tribalism and violence and all must comply with the law," he said.
But his Fisheries Development counterpart, Dr Paul Otuoma, said he was against the tendency of people narrowing the Waki commission report to just a few individual names.
On Sunday, Ms Karua said the Waki commission was formed because there had been a breakdown of law and order.
"The tribunal that will be formed will tell us whether the Waki report has enough basis for prosecution," she said.
And in Kisii, Lands minister Orengo said leaders calling for forgiveness of those implicated in the report are trying to carry other people's crosses. He said the perpetrators of the violence must never be pardoned but must pay for their sins.
Reported by Abioud Ochieng, Benson Nyagesiba, Bornice Biomndo, Oliver Mathenge, Michael Mugwanga and Lucas Barasa.
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