Opinion
Waki report breaks new ground, but will it be implemented?
Posted Friday, October 17 2008 at 17:15
In Summary
- The document may gather dust at the national archives
In 1812, his fabled army was defeated at the Battle of Waterloo by weak armies, led by Prussia, that had come together in the Seventh Coalition, bringing to and end the Napoleonic empire and dreams. Waterloo has come to symbolise the end of all great empires and ideas.
Thus, although the Waki report may have broken new ground, could it be that it will meet its waterloo? Will Parliament, Mr Odinga, President Kibaki and The Hague’s arresting and trial process sabotage it?
The jury may be out but, I am pessimistic that the report will gather dust at the National Archives.
And what a waste it will be to a commission so honourable!
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Submitted by melkipPosted November 01, 2008 05:18 AM
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Submitted by Hillaryio
is this report posted anywhere on the internet? I would like to read.
Posted October 19, 2008 10:30 AM -
Submitted by jelnam
Agree with Thiankolu - the law already has provisions for these crimes - murder, arson, etc in any case, the Geneva Conventions Act (Chapter 198 laws of Kenya) incorporates some the Geneva Conventions and defines grave breaches to give leeway to common article 3 of these conventions - deal with the crimes perpetrated during non-international armed conflicts. The legal structure is thus in place!
Posted October 19, 2008 09:54 AM -
Submitted by Thiankolu
We do not need constitutional and legal amendments to bring the culprits to justice. First the Constitution of Kenya does not limit criminal offences to those defined in the Penal Code as Kipkorir says (see section 77 (15) of the Constitution). Second, crimes against humanity as defined in the Rome Statute of the ICC is a "catch-all- phrase" which refers to several distinct/separate offences, each of which is distinctly/separately criminal under the law of Kenya, including the Penal Code. If there are any hurdles to bringing the culpable politicians to justice, those hurdles are not legal in character.
Posted October 18, 2008 07:10 PM -
Submitted by jaukakathevillager
Waki is our Daniel.You remember Mene Mene....Our politicians have been put on the weighing scale and they have been found wanting.The writing is on the wall.Someone is just telling our politicians that they don't determine the path taken by the sun.Whether the report gathers dust or not,some of our wicked politicians should know that their days are numbered.
Posted October 18, 2008 01:48 PM
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How can you say that President Kibaki was to blame for the violence because he didn't go by the MOU? How on earth does that warrant the financing of violence? If Kibaki betrayed his colleagues, why should the people have to suffer?