Violence: Debate rages on Kibaki amnesty hint

Top Grand Coalition leaders were on Tuesday divided as debate on whether to charge those behind post-election violence raged on.

While some called for full implementation of the Waki report, others trashed it.

Members of the Cabinet also appeared to be split on what exactly should be done, with some backing the proposal to temper justice with forgiveness and others saying that those named in the secret list handed over to Peace Mediator Kofi Annan should face the law.

Deputy Prime Minister Musalia Mudavadi and Cabinet ministers Martha Karua and Mutula Kilonzo cautioned that the decision to inject bits of forgiveness in the implementation should be handled with a lot of care because it could encourage impunity.

Meanwhile, panic among bigwigs in ODM and PNU is reported to be behind the apparent change of heart by President Kibaki and Prime Minister Raila Odinga over the full implementation of the Waki and Kriegler reports.

Reality on the seriousness of the issue began to dawn on the politicians after Appeal Court Judge Philip Waki presented his report, which proposed that those behind the post-election violence were either to be tried before a local tribunal or at the International Criminal Court.

The report, it is understood, brought to the fore evidence, which some PNU and ODM leaders realised could easily go beyond the jurisdiction of Police Commissioner Hussein Ali and Kenyan courts, and land key politicians into the hands of the International Criminal Court prosecutors at The Hague in The Netherlands.

The findings of Mr Justice Waki’s team, it is said, brought up evidence against leaders in both Grand Coalition partners.

It is significant to note that once a politician is accused of committing crimes against humanity, the issue of pardon or forgiveness does not arise, since International Law does not provide for amnesty in such matters.

This is why politicians are said to have approached the principals with pleas to temper justice with forgiveness.

For instance, sources said, President Kibaki was approached by a number of politicians during last weekend’s peace rally in Nakuru, where they prevailed upon him not to expose some leaders to the international experts at the Hague.

Rule of law

On Tuesday, the Law Society of Kenya chairman Okong’o O’Mogeni, Kenyan National Commission on Human Rights boss Florence Jaoko and former nominated MP Njoki Ndung’u, said that tempering justice with mercy will erode the rule of law.

Ms Ndung’u said ministers who were on the Waki list must step aside to allow for its implementation and if they are found innocent, they should be reinstated to the Cabinet.

However, Cabinet ministers Kiraitu Murungi, Najib Balala, Soita Shitanda, Fred Gumo and Paul Otuoma said although justice should be pursued to some extent, it was important to forgive for the sake of reconciliation in the country.