deservedly
written by truthsseeker , November 24, 2008

Now if only we had not started on the witch-hunt, if only we had gone for and insisted on a thorough and just investigation of all the culprits, then we would have a better chance.

A report that insists that there was a meeting in state house in August to discuss Naivasha violence at the end of January, but still finds it proper to ignore the several criminal statements made by the Lang'ata MP is seeking the trash bin. Good riddance.

Now can we have a good and decent report.

...
written by Daktari , November 24, 2008

Very well put Gathara and the motivation behind the new cross party unity needs to be exposed. The Hague option remains open. Indeed, if the proposed local tribunal fails to meet the demands of justice, it shall be interpreted that Kenya is unable or unwilling to prosecute international crimes. This would inturn revert the matter back to the jurisdiction of the ICC.

hullo
written by truthsseeker , November 24, 2008

Ruto has not changed his mind, this is not even the first time he has said he is ready to go to the Hague or to a local tribunal, the Moi boys are ODMing him through the Standard. He had told the same thing to Kathleen Openda on KTN last week.

Ruto's position is exactly analogous to Uhuru's. They know or have been told that Waki's job is dooodoo, and have now seen that they can cleanse themselves through tribunals, and come out as heroes on the other side of time, much in the same way as Kabuge in the Rwanda versus France contest. Trials like these can be turned into spectacles for political advancement you notice, and to even further undermine our already pathetic justice system.

Not wholly unexpectedly, the poor job Waki did has worked to deny Kenyans justice.

That Waki did a poor job ,is something we need to honestly admit
written by ndiangui , November 24, 2008

I went through the report and my opinion is that it was a bad job done. However we still need to do some work on the post-election violence that will deal with the perpetrators without leaving out the principle organisers or instigitors. A report that leaves out the MP for langata and the likes of Anyang Nyong and Balala who were the most vocal proponents of the famous 'Lesotho' republic speak , really doesnt help much.

...
written by manta ray , November 26, 2008

Pg 473(5) of the Waki report says:

"If either an agreement for the establishment of the Special Tribunal is not signed, or the Statute for the Special Tribunal fails to be enacted, or the Special Tribunal fails to commence functioning as contemplated above, or having commenced operating its purposes are subverted, a list containing names of and relevant information on those suspected to bear the greatest
responsibility for crimes falling within the jurisdiction of the proposed Special Tribunal shall be forwarded to the Special Prosecutor of the International Criminal Court. The Special Prosecutor shall be requested to analyze the seriousness of the information received with a view to proceeding with an investigation and prosecuting such suspected persons."

The key phrases here are "fails to commence functioning as contemplated above" and "having commenced operating its purposes are subverted". This is the stage where the politicians are headed, towards subverting the process. They just don't get it. This matter regardless of what Waki did or did not do, is really out of the control of the politicians as they keep lying to themselves. Another investigation by the ICC followed by arrest or prosecution of even additional perps is in the works and the politicians are foolishly helping it along, blissfully cheating themselves that they can get away with it. Fasten your seat belts, folks, we are in for a hell of a ride.

Tricky, very tricky!
written by Mr. Vikii , November 27, 2008

The problem with the discussion on matters Waki is that 'you are damned if you do and damned if you don't'.

For starters, Mr. Waki did a trash job. I respect the judge for his demonstrated independence, but when you look at this matter before us and how he handled it, you will find many questions for which there asre no answers;

The violence we witnessed was apparently triggered by election theft or so we are told. What that means is that the first entity to recommend for prosecution should be the body that is charged with overseeing elections. The ECK should be on spot 1 in the dossier. The second person should be the candidate in whose favour the election was called (Yes, I am talking about the President). And the third person should be the man who lost elections and decided he was more important than the will of the Kenyan people--Raila Odinga. He is the one who called for "mass action" which probably in the minds of his moronic supporters means locking innocent children up in a church and setting them on fire. AS if that was not enough, Mr. Raila defended these dickheads on International Television as the modern day custodians of democracy.

The reason I bring these people up is because in the event we set out to implement Mr. Waki's recomendations, we will be limited by his scope. A trial that excludes the prime masterminds of the chaos is not worth conducting. It raises questions about the very real possibility of Jusctice Waki having been compromised by politicians who aspire to higher offices to tarnish the names of those likely to compete against them. I dont care a hoot whether William Ruto or Hon. Uhuru are thrown into the deepest of hells, but if in that journey they leave behind crooks worse than them and with bigger roles to play in the saga, then we may as well forget about anybody being tried. If we conduct an all inclusive trial that is truly objective, geared at seeking genuine justice for those on whom terror was unleashed while punishing (brutally) ALL the ringleaders, then that trial deserves the support of all of us. If it is about some little political games, then to hell with it. I mean, justice should not only be done, but it must be seen to be done.