5 November 2009
editorial
Nairobi — The International Criminal Court Prosecutor Luis Moreno-Ocampo finally came and met President Kibaki and Prime Minister Odinga on Thursday. At the centre of their discussion was how to deal with suspected perpetrators of last year's chaos.
In a sense it seemed like an anti-climax. Mr Ocampo presented his case and left the rest to the government. The ICC will intercede by instituting investigations and possibly trial for the masterminds. But the burden of dealing with all others rests squarely with the Kenyan leadership.
For their part, the principals gave a broad assurance that the government would cooperate with the ICC. But going by the past experience, there is doubt that the government means what it says. Political will to nail down the problem is sorely lacking.
Influential people have continuously sabotaged efforts to bring the suspects to account. At any rate, the two principals are clearly aware of the dangerous fallout that is likely to ensue in their respective camps if they stubbornly followed a hard-line path.
Three options were available -- local tribunal, the truth and justice commission, and The Hague -- but none looked pleasant. First, Parliament soundly rejected the local tribunal. Second, the Cabinet opposed use of the truth and justice commission.
This left The Hague as the only option. Even then, the Hague option was seen as a safer route as some thought it would take longer to pull through.
In recent times, the accent has changed, with politicians calling for healing and reconciliation, arguing it is futile to pursue and punish the violence suspects.
All these are escapists and underline one thing: lack of courage and determination to confront an ugly reality. We must punish crime and end impunity. After Ocampo, we must decide how to punish all those who commit heinous offences and electoral malpractices. Or else, we risk a perilous future.
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