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.

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

UK and Kenya- More thoughts on impunity

When I started this blog three months ago, my first post asked people what they thought about the defeat in the Kenyan Parliament of legislation enabling the creation of an independent Special Tribunal to investigate and prosecute crimes committed in the post-election violence.   There was a mixed response, with some people frustrated and others thinking that the defeat of that bill would accelerate the involvement of the International Criminal Court in The Hague.  

Now here we are, with still no movement towards a tribunal, and Kofi Annan last week stressing the urgency of meeting his August deadline.    I must admit I'm surprised that so many MPs I speak to seem relaxed about rejecting the recommendation of the Waki Commission, which is supported by most legal experts, the whole international community, and the ICC itself (they have said a local tribunal should be set up).  It's effectively turning round to the Kenyan people and saying "we know that we've been asked to set up this tribunal in order to seek justice for the victims of the violence, and deter people from doing the same things again.   But actually we'd rather not".    I certainly don't agree with those who have been quoted saying that "Kenyans have forgiven" and it's time to move on - that's not what people tell me when I visit the affected areas.

I know that some people argue that they don't support a local tribunal because they want the ICC to be involved.  But it's not 'either/or'.   Even if the ICC starts investigations into certain crimes, there is an overwhelming case for a credible, independent special tribunal sitting locally, to investigate all the crimes that the ICC won't be able to.   

If the ICC gets involved, we'll support it strongly, as we always do.   But we'll carry on arguing that if the government and parliament between them shouldn't give up on this key part of the National Accord.   Sure, we'll be criticised by some for arguing this way.  But that won't put us off:  preventing a return to out-of-control violence is too important to Kenya, to the region and to the world - the international community has a legitimate stake in these issues.   Just as we won't stop calling for action on other aspects of official impunity, such as prosecution of the perpetrators of Anglo-Leasing and other grand corruption scandals.  Both are faces of the same curse: impunity.  And people in the UK continue to care about these issues: see a recent debate in the upper house of our Parliament

So three months on from when I first asked the question, what do Kenyans think now about this issue?   

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ROB MACAIRE

Posted at 15:51 16 June 2009 by Rob Macaire  |  Comments[6]