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Thursday, November 8, 2012

Don’t be vague; go to Hague! - a case of shooting oneself in the foot


In 2009, dishonest politicians unanimously voted in parliament that Uhuru, Ruto et al should go to Hague. Hansard Reports from the Kenya National Assembly on diverse dates between January and December 2009 make for very interesting reading.

At page 4,633 of February 3, part of the contribution by the Minister for Nairobi Metropolitan Development, Mr M Kilonzo, reads, “In fact there is a phrase going on which is called ‘Don’t be vague; go for Hague.' I flip through and come to page 4,636. Here is Mr Cyrus Jirongo saying, “Those who perpetrated violence are in Government… If we are genuine and we want these people to be punished, we should allow them to go to The Hague.” Over page, Mr Jirongo goes on, “I urge the Minister for Justice, and National Cohesion to let those people go to The Hague if her conscience pricks her correctly.”

As I move on, I see page 4,638 where Ms Rachel Shebesh says, “I see no reason why, if people were genuine, you would tell me that going to The Hague can bring peace to this country… I see no way in which you can be sincere.” I am now looking at February 4, 2009, at page 4,723. Here is Mr Lewis Nguyai. He says,I also say there is need to end the culture of impunity… I would propose that we should not be vague. We want the key perpetrators of this particular atrocities (sic) to go to The Hague.” I recall Mr Nguiyai was recently Uhuru Kenyatta’s witness at The Hague. I begin to get it, I think.

Enter Ms Elizabeth Ongoro: “Through setting up a local tribunal, we will be telling our citizens that we are brothers, we have what it takes to solve our problems.” Mr Lucas Chepkitony differs: “Let us try the ICC!” Ms Cecily Mbarire agrees with him: “We have spent too much time on tribunals and commissions. I oppose the Bill [to set up a local tribunal]”. Thomas Mwadeghu: “Ni lazima hao watu waende Hague. Wacha waende wahukumiwe huko (These people must go to The Hague. Let them go and be tried there!)” Mr Johnstone Muthama: “Jaji atakuwa Mkamba, Mkikuyu… ni vyema tugeuze mbinu. Ndege zitakuja, watapelekwa kule na kuiacha nchi yetu na amani (The judge will be Kamba or Kikuyu… we must change tact. Aeroplanes will come; they will go and leave us a peaceful country.)”

Finally, I look at the voting. Among those who voted against a local tribunal are listed as the following: Chepchumba, Cheruiyot, Ethuro, Gaichuchie, Gitau, Jirongo, Kaino, Kaloki, Kamau J.I., Kamau J. M., Kambi, Kapondi, Kariuki, Kathuri, Kigen, Kiilu, Kilonzo J.K., Kilonzo J.M., Kiuna, Kivuti, Koech, Konchela, Dr Kones, Ms Kones, Kuttuny, Lagat, Langat, Lessonet, Letimalo, Linturi, Litole, M’Mithiaru, Machage, Magerer, Mbau, Mbugwa, Mututho, Mung’aro, Munyaka, Muoki I. M., Muoki D. M., Mureithi, Murgor, Musyimi, Mwangi, Mwathi, Mwiru, Nguiyai, Njuguna, Onyancha, Ottichilo, Ruto, Sambu, Sirma, Waibara, Waititu, Wambugu, Washiali, Were and Yakub.

I recall the night President Kibaki, PM Raila and Martha Karua pleaded with MPs for a local tribunal for PEV but to no avail. There is no mention of Raila Odinga on that list.

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