The ICC Prosecutor
President of Kenya
AU
UNO

RE; WILL KENYA POST ELECTION VIOLENCE CONCERNS STAND THE 2012 ELECTION FEVER?

The Kenya 2012 general election is around the corner. A decision on where to try the perpetrators of the Post Election violence has not been reached. By September 2010, the 2012 election fever will have began. One big question is whether any debate on the violence will have any room after that. It is now one year and seven months since the violence erupted in Kenya and about one year since the Waki commission released its findings and recommendations on the violence.

The recommendations were very clear on the deadline for the formation of a Tribunal in Kenya, with specifications of the option just in case a Tribunal failed to take off. The former UNO Secretary Mr. Koffi Annan extended the deadline 3 times while the ICC prosecutor Mr, Ocampo has extended it for the fourth time. The Waki Commission investigations and hence recommendations were timely. As time goes by, it will be extremely hard to implement the Waki recommendations once the election fever usurps the stage. The best time to place the Waki Recommendations in motion, is between now and April 2010.

Kenyans and the World should by now have known the intentions of some senior individuals in governance. The formation of the TJRC to replace the ICC and/or Tribunal to try the Perpetrators of the Violence, is a direct abuse of Justice in Kenya. On July 24th. this year, two Kenyans were sentenced to death for stealing 40 shillings. The fact that Justice in Kenya is being bent to favor the senior politicians who sponsored and financed the killings of innocent women and children, means that Justice is far from resurrection. That is why it has been extremely important to have a proper constitution ready before the 2012 general elections, with good remedial structures to check and balance governance.

The period slightly before the next elections may be very testing for Kenya especially now that the perpetrators of the Post Election Violence want to evade justice. Justice delayed, Justice denied. The sponsors and financiers of the Post Election Violence would do anything to stop prosecution. A Tribunal or a TJRC will not justify the curiosity of the Kenyan people to see the perpetrators of the violence pay their prize for the January 2008 killings. The history of the DRC, Somalia, Sudan and Burundi where war still ranges despite the presence of the UN peace keepers, should be an eye opener for all Kenyans and the entire world to support the prosecution of the perpetrators of the Post Election Violence at the Hague Netherlands with immediate effect and without any further delay. Immediate action will prevent a scenario where it may be impossible to contain and/or control a worse occurrence in Kenya. The Kenyans Eyes From the Diaspora urges for haste in both the prosecution of the perpetrators of the Post Election Violence and the setting up of a conducive and competitiveConstitution. Failure to act soon will lead to an uncontrollable situation like in Somalia, Burundi, DRC or Sudan. The Kenyans Eyes from the Diaspora also wants to remind Kenyans that it has a draft Constitution with structures that can necessitate comfortable governance for more than 400 years.

Isaac Newton Kinity
Former Secretary General
Kenya Civil Servants Union and
Executive Director of the
Kenyans Eyes From the Diaspora
Tel: 1 203 675 9354.
Email:
[email][email protected]

Gachahi Kimani
Former Health Officer [Kenya] and
Secretary/Co ordinator of the
Kenyans eyes from the Diaspora
Tel: 1 774 253 8405
Email: [email][email protected]

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