Hand over Waki list to police, says Marende

The Speaker of the National Assembly wants names of poll chaos suspects cited by the Waki report to be handed over to police for investigation.

Mr Kenneth Marende said he was optimistic the report’s findings would be implemented fully.

“We should carry its findings further to a logical conclusion. We should hand over to police aspects of the report that require further investigation with a view to bringing to justice persons that may have been named,” he said.

Speaking at a Nairobi hotel yesterday, the speaker said the country was using the report as one of the ways of achieving national healing and reconciliation. He said the report does not condemn anyone and that the law should take its course.

The rule of law

“No one can be condemned until tried by a lawfully constituted court of law. We are a law-abiding country and so we expect the rule of law to be upheld,” he said.

Imenti Central MP Gitobu Imanyara said there was still enough time for Kenya to constitute a tribunal that will try the named suspects locally.

He said Parliament will have to wait until the Cabinet discussed the report.

“The report is currently the property of the Executive. As it is now, the hands of Parliament are tied and MPs can only debate the report outside the House as is happening now,” he said.

“It is the business of Government to bring the legislative agenda to the House. Parliament will have to wait until the President gives the Executive the go-ahead to bring the report to the House,” he added.

Elsewhere, Vice-President Kalonzo Musyoka ruled out the possibility of taking people suspected of sponsoring the post-election violence to the International Criminal Court (ICC) in The Hague, Netherlands.

“Kenya is not a failed state. We adhere to the rule of law,” said the VP, who was answering questions from journalists at Kasarani AIC church.

Mr Musyoka, who was among PNU MPs who recently called for full implementation of the Waki report during a parliamentary group meeting, said: “We should not expose ourselves to the international community by taking our people to The Hague. We have ... people who are capable of spearheading national dialogue and reconciliation.”

Written on stone

The Waki Commission, which was investigating post-election violence, gave the Government up to March 1 to set up a tribunal.

If this was not done, names of the suspects, which are contained in an envelope that was given to chief mediator Kofi Annan, should be handed over to the ICC, said the commission.

The Vice-President also dismissed the time limit the Waki Commission gave the Government to start implementing recommendations of the report.

Said Mr Musyoka: “The Waki report is not written on stone. I know President Kibaki can decide to set up a local tribunal any time he wants.”

He had gone to the church to preside over a ground-breaking service and to officiate at a fund-raising function.