AG offers a lifeline for suspects in Waki list


Published on 25/10/2008

By Standard Team

Names of prominent personalities in the Waki envelope may have a lifeline after all.

On Friday, Attorney-General Amos Wako clarified the perpetrators of post-election violence would be investigated afresh and won’t be rushed before a tribunal the moment it is set up.

Speaking at the closing ceremony of the International Conference of National Human Rights Institutions at Nairobi’s Hilton Hotel, the AG said: "The debate on the Waki Report is taking the form that as soon as the tribunal is constituted, the persons mentioned will immediately be arraigned before the tribunal, charged and prosecuted."

Wako resoundingly said: "This is not correct."

And he went ahead to quote page 17 of the Waki Report that says the Commission itself had not found sufficient evidence to try the suspects locally and internationally.

The report reads: "The evidence is not, in our assessment, sufficient to meet the threshold of proof required for criminal matters: That it be beyond reasonable doubt."

It adds: "It may even fall short of the proof required for international crimes against humanity. We, however, believe that the commission’s evidence forms a firm basis for further investigation of alleged perpetrators."

Speaking to reporters after the function, Wako said he preferred a local solution to the post-election chaos to the International Criminal Court.

"We should address these issues here. I think Kenyans are capable of doing that if we address our minds to it."

He added: "At governmental level and for the good of Kenya, we must have the political will to solve the problem nationally, let us not allow ourselves to go to the international level."

He said the Government, human rights groups and civil society could find the best solution to post-election woes.

Since the Waki Report was released more than a week ago, panic has spread among the political class. And the recommendation that those named should be suspended from public office must be what is sending jitters among politicians.

In his speech at the conference, Waki said the Cabinet would discuss the report and appropriate decisions would be made on the implementation of the report.

The Waki Report has received support from the public, but it has also been condemned in equal measure.

Agriculture Minister William Ruto has dismissed the report, terming it shoddy and a cover-up.

"I think the Waki Commission has done a shoddy job…. What we needed was a quick way to resolve post-election violence because this was no violence of ordinary manner. We wanted to know the exact role of the police. Unfortunately, they have run away from the job," Ruto said earlier in the week.

Falsehood

He added: "Reducing the whole post-election violence to an envelope of ten or so names is missing the point by a very big margin. I don’t think we are on the way to solving the post election violence in this way."

National Heritage Minister William ole Ntimam also told The Standard on Saturday that the report was "full of rumours and falsehoods".

Industrialisation Minister Henry Kosgey also rubbished the report, saying no one should face the tribunal unless sufficient evidence had been adduced.

Government Spokesman Alfred Mutua also cast aspersions on the report, reading foul play in the way President Kibaki and State |House had been painted in bad light.

"How can a meeting have been held in State House before the General Election, say in September, October, have planned for revenge attacks that had not yet occurred and which were to occur in January 2008."

He added: "The President has never at any time held meetings with any person, to plan violence, at State house or anywhere else."

Meanwhile, PNU wants the Waki Report implemented "responsibly" and has asked those who it may have indicted not to panic.

At a meeting attended by Cabinet Ministers Kiraitu Murungi, Noah Wekesa and Yusuf Haji at the party headquarters on Thursday night, President Kibaki’s party warned that the report should not be implemented maliciously and only credible evidence should be accepted.

PNU stand

PNU spokesman and Nominated MP George Nyamweya and Kinangop MP David Ngugi also attended the meeting.

Speaking on Friday, Mr Ngugi, who is the PNU coordinator for Central Province, said the party had resolved that the report be implemented "cautiously".

"We agreed that the Waki Report be implemented but responsibly. The judicial process should be allowed to take its course. It should be implemented without malice," said Ngugi.

He said the party position was that no guilty person should be let off the hook and that the culture of impunity should not be allowed to take root.

Elsewhere, Naivasha MP John Mututho has denied claims in the Waki Report that post-election violence in his constituency was planned at State House.

"I was the area MP at the time and I am not aware of any meeting involving local leaders to plan the violence at State House," he said.

 

 

 

 

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