Rob Macaire

UK and Kenya-Response to Dr. Wapili Job

I'd like to respond to the comment posted by Dr Wapili Job.   As I wrote earlier, it's not for us to try to dictate how Kenya pursues justice for the post election violence.  But we do support the findings of the Waki commission (and the government's own repeated statements) that a serious judicial process is needed.  The question seems to be "what constitutes a serious judicial process".  Kenyans I speak to seem divided on this.   But I do think it important that there should be an informed public debate.  I think a lot of people are misled by the phrase "a local tribunal".  What Waki recommended, and we support along with Kofi Annan and others, is the concept of a tribunal based on the international law that governs the ICC, with constitutional protection, and thus insulated from the existing judicial and prosecutorial system.  So it would have international investigators, international prosecutors, and a majority of international judges at both the trial and appeal level.  That is the proposal that Parliament rejected, which is a shame, because whether or not the ICC gets involved, such a tribunal seems to be the best way to attack impunity in the country.  

One thing does seem pretty clear to me though - given the doubts people have about even such a strong tribunal, a weaker one isn't likely to carry credibility with many Kenyans or others.    The idea of a tribunal set up under the existing court system is doing the rounds, but certainly lacks that credibility, which is what I have said to anyone who has raised it with me.  I'm not, of course, going to comment on any specific meetings I've had that were not in the public domain.

Ends

Posted at 11:48 01 July 2009 by Rob Macaire  |  Comments[4]