Benjamin Muindi
2 July 2009
Nairobi — Sharp divisions have emerged in the Kenya government on whether to set up a local tribunal to try architects of the post-election violence.
Coming a day after a three-man delegation left for Geneva, Switzerland to seek an extension of the deadline for setting up of the tribunal, government officials clashed Thursday on the matter.
Former Justice minister Martha Karua was on Thursday talking tough saying Mr Kofi Annan would be doing the country "a disservice if he extended the deadline for the formation of a local tribunal."
Ms Karua, who tabled the Special Tribunal Bill in Parliament early this year accused the two principals of the grand coalition of lacking commitment in bringing justice to the victims of the post-election violence.
"President Kibaki and Prime Minister Raila Odinga have not been trying to address the issue properly."
Ms Karua asked Mr Annan not to extend the August deadline.
Her sentiments were echoed by Mutito MP Kiema Kilonzo who said the three-man delegation to Geneva was only joy-riding.
"There is nothing that will make Parliament change its mind," he said.
"What have they gone to do there? We have no faith in a local tribunal where there will be manipulation by the accused," he added.
Mr Kilonzo said MPs who voted against the Bill for the setting up of a local tribunal were afraid that powerful individuals would arm-twist the process and get away with it.
"People will also try to fix each other," he said.
Mr Kilonzo therefore asked chief mediator Annan to hand over the envelope containing names of the layers of the violence to the International Criminal Court in the Hague.
They both spoke on the sidelines of the celebrations of the 233rd anniversary of the independence of the US.
The celebrations had been attended by the cream of the society-with nearly 20 Cabinet ministers, ambassadors, business executives, the clergy and other officials of government parastatals.
However, the Speaker of the National Assembly differed with the two and expressed confidence in a local tribunal.
Speaking at the same function, Mr Kenneth Marende the local tribunal was the way to go.
"We have faith in the courts," said Mr Marende who refused to comment further on the issue.
He noted that the country was not yet out of the woods and that concerted efforts were needed to restore it.
"The coal still burns in the smoke... We still have issues as tribalism, corruption and other vices that need immediate attention."
American envoy to Kenya, Mr Michael Ranneberger called for a local solution to solve the matter.
"It is the responsibility of Kenyans to solve their problems in their own way, but they need and deserve the support of their friends."
He added: "The process of building a democracy is never easy. It is difficult, sometimes painfully slow and occasional bloody."
Mr Ranneberger said America will support the country in different ways to get back to its feet. "We care deeply about Kenya. The future of our bi-lateral relationship is linked to the progress of the reforms and democracy."
Former president Daniel Moi and former vice president Moody Awori attended the celebrations.
Cabinet ministers Prof Anyang' Nyong'o, Mr Joseph Nkaissery, Mr William Ole Ntimama, Mr Mohamed Elmi, Mr Yusuf Hajji and Mr Chirau Ali Mwakwere also attended.
Others were: Mr Joseph Nyagah, Prof Hellen Sambili, Mr Dalmas Otieno, Mr Kilemi Mwiria, Mr Lewis Nguyai, Ms Wavinya Ndeti and Kabando wa Kabando.
Several other MPs were also present.
Meanwhile, the International Centre for Policy and Conflict has said the government is not willing or is unable to bring justice to perpetrators of the post-election violence.
"The government has waited until the last minute to seek extension of time allocated to enact the tribunal," said Mr Ndungu Wainaina, head of the lobby group.
Mr Ndungu urged Mr Annan and the International Criminal Court to send a strong message to the government that impunity will be unacceptable and will not be tolerated, in order to act without further delay.
"If the government was serious on these prosecutions, it would have by now mobilised all resources at its disposal, to have perpetrators effectively and expeditiously prosecuted," he added.
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Mr. William Ruto, Soon and very soon you will be held to account. It does not matter about the dance you perform and no matter who you try to intimidate and spin your warped sense of right and wrong, you will account for your sins. You are the stumbling block to justice in Kenya and your actions are the ones causing tension in Kenya. Precisely, Mr. Ruto what are you hiding and do you think you are fooling anybody.
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