ODM rejects MPs’ move against Waki

THE Orange Democratic Movement on Monday backtracked on its anti-Waki stance and agreed instead to look afresh at the judge’s report.

The party’s decision possibly to reverse the decision by its own MPs is likely to put party leaders at loggerheads once again.

ODM leader Raila Odinga who only recently faced a rebellion by MPs allied to Eldoret North’s William Ruto over his support for implementing the report into post- election violence attended a National Executive Council meeting in which his MPs’ recommendations to block the report were deferred.

Runs the party

The executive council is the group that runs the party.

ODM MPs recently rejected the report, saying they would resist attempts to charge any of the suspects named in a secret list handed by Mr Justice Waki to former UN secretary-general Kofi Annan.

Several Cabinet ministers also criticised Mr Odinga for insisting the report must be implemented in full.

But on Monday, ODM secretary-general Anyang’ Nyong’o said the executive committee was more authoritative than the MPs’ Parliamentary Group, saying: “NEC speaks on behalf of the party. The PG concerns and ideas have been discussed by NEC and party position recommended. Members are, however, free to discuss; we have not gagged anybody.”

Prof Nyong’o named a new eight-member committee that will liaise with the party’s Strategic and Legal Affairs committee and arrive at new stand on the report within 10 days.

The committee members are Prof Tony Wambua, Ms Mumbi Ng’aru, Mr Sam Wa Njuguna, Mr Ali Dida, Mr Joseph Kiangoi, Mr Ochillo Ayacko, Mr Martin Shikuku and Mr Julius Kemboi.

Asked by journalists why it had taken so long for the party to give its position, Prof Nyong’o said ODM had taken the decision to form a committee to study the Waki report.

Only 35 days remain of the 60-day deadline for ODM and PNU to sign an agreement for setting up a tribunal to investigate those suspected of carrying out or aiding and abetting the violence.

After the 60 days have passed, if the process of implementing the report has not begun, the list of suspects will be sent to the International Criminal Court at The Hague.

Acted naïvely

Sources within the ODM executive meeting said there was a unanimous decision that the report be implemented and that the PG had acted naïvely by rejecting it.

It is understood that Mr Odinga told the meeting that he stood by his earlier decision that the report be implemented, because he believed Kenya should have a “homegrown solution” to deal with the issue and manage it here or else the ICC could take over the issue and complicate matters.

Mr Odinga also said the party needed to be united on the issue and the sooner the better, or else “we will be hanged separately”.

Others who spoke during the meeting included Public Service minister Dalmas Otieno, Defence assistant minister Joseph Nkaissery and his Trade counterpart Omingo Magara, Mr Shikuku, Mrs Ng’aru, Mr Ayacko and Mr Andrew Ligale.

It was only Mr Otieno who expressed caution in implementing the report, saying it could cause friction in the party. He said ODM was the aggrieved party in the last General Election and warned that PNU suspects on the secret list could be granted amnesty by the President, leaving only the ODM suspects to face justice.

However, other members warned that if a tribunal were not formed, ODM suspects on the list would be left at the mercy of the ICC.

Gen Nkaiserry, sources added, said it was useless for the MPs to say they protect ODM suspects from being taken to the ICC, when the ICC prosecutor can arrest them anywhere.

Mr Magara, who said a middle ground should be adopted, asked Mr Odinga to consult members often to ensure the party was united. They said the PG was making the party unpopular among the people, with Mr Ligale saying ODM was now “looking like a party of murderers”.

Sources said ODM had found itself between the rock and hard place with fears that it will split if the report is implemented. Some party members also risk being tried by the ICC.

As a result, some party top officials are said to have joined hands with those from PNU in advocating a local trial of the suspects in the hope that they might all escape the law.

A team of lawyers contracted by ODM had punched holes in the report and rejected it before their position was adopted by the PG. ODM coalition partner PNU has since resolved to support the implementation of Mr Justice Waki’s findings but some of its key leaders are seeking a local trial.

The party including Vice-President Kalonzo Musyoka had earlier rejected full implementation of the report before the stance was rescinded.

Were absent

On Monday, Prof Nyong’o was accompanied by Mr Odinga, party treasurer Magara, chairman Henry Kosgey, executive officer Janet Ongera and Mr Otieno among others. Mr Ruto and some of his key allies were absent but were said to be attending an agriculture conference at Nairobi’s Safari Park Hotel.

Prof Nyong’o said ODM underscored the importance of the Waki report and wanted the new committee and its strategic and legal affairs team to study it “and advise the party accordingly.”

Yesterday, the executive also rescheduled the party’s elections from November 22 to between December 6 and 10.

It also asked branch officials to continue running the elections until they are dissolved, adding that the party’s National Delegates Conference — its top decision making group — will be on December 18.