Mudavadi and Ruto differ on Waki report

Two key members of the National Dialogue and Reconciliation Committee took different positions on the Waki report — one dismissing it and another calling for a local tribunal to avoid embarrassment.

Agriculture minister William Ruto said the commission failed in its mandate.

But Deputy Prime Minister Musalia Mudavadi rooted for “limited amnesty”, saying the Government should act fast to prevent the perpetrators from being taken to the International Criminal Court.

This, he said, was the only way in which Kenyans could have a say in the search for justice. “Our options are limited... the report said as much,” he said.

Mr Mudavadi noted that with a tribunal, Parliament could put “mechanisms for pardon and limited amnesty”.

Mr Ruto, on the other hand, said the report had caused confusion in the country, trivialised the investigations and amounted to guess work.

The two ministers were in the team headed by former UN chief Kofi Annan, which formed the commission.

“The report did not get to the bottom of the matter and fell far short of expectations of Kenyans,” Mr Ruto told journalists at Jomo Kenyatta International Airport on arrival from an official visit to The Netherlands.

Speedy probe

He said the commission was supposed to conduct independent and speedy investigations on causes and perpetrators of post-election violence, but failed.

Instead, Mr Ruto said, the Commission of Inquiry into Post Election Violence gave “general” recommendations including the formation of a tribunal that could take much longer to try perpetrators of the violence.

“The commission was meant to expeditiously look into the issue of post-election violence... not normal thuggery, hooliganism or violence.

“There has been violence every election year since re-introduction of multi-partyism; it became necessary to form the commission for the country to get out of this circus,” Mr Ruto said.

He said the commission was given a three-month mandate because of the urgency of the issue it was to investigate.

“It was supposed to conduct thorough independent investigations. The Waki team did not, however, meet any of its mandate.

“The report gives general statements on police involvement, meetings in State House and that the violence might have been organised. There’s nothing substantive,” Mr Ruto said.

The Eldoret North MP, whose Uasin Gishu home district was seriously affected by the chaos, said that formation of the tribunal defeats reasons for forming the Waki team.

Mr Ruto dismissed Mr Justice Philip Waki who headed the commission on his assertion that his team did not complete its investigations to enable suspected perpetrators and financiers of the violence to face charges immediately because of lack enough time.

Thorough job

The minister said just like the Kriegler and Cockar commissions, whose terms were extended a number of times, the Waki team should have sought extension to do a thorough job.

The MP said formation of a tribunal was a long process that it required a change of section of the Constitution that states one is innocent until proved guilty.

He regretted that the Waki Report as it is, has already ruled that a number of people were guilty “until they are acquitted through a tribunal.”