Dear Mr. Annan:
Once again, Kenya’s leaders have failed to make difficult choices.
The Kenyan media report that Members of Parliament have agreed to institute a local tribunal provided those named by Waki as suspects retain their seats in parliament and in the cabinet.
This agreement violates one of the key recommendations of the Waki Report: “All persons holding public office and public servants charged with criminal offences related to post-election violence be suspended from duty until the matter is fully adjudicated upon” (476).
The government’s conduct in implementing the Waki Report’s recommendations has consistently violated the spirit of those recommendations. Instead of careful deliberations intended to pursue truth and justice, the government has delayed acting, only to “beat” the timelines established by the report.
At every step, government agents have been driven by the urge to protect the political class and have paid scant attention to the needs and desires of ordinary Kenyans.
At this point, we Kenyans wonder who will protect us from the government.
Sir, the Waki Report clearly states the conditions under which the International Criminal Court should be invited to take over investigations and prosecutions:
If either an agreement for the establishment of the Special Tribunal is not signed, or the Statute for the Special Tribunal fails to be enacted, or the Special Tribunal fails to commence functioning as contemplated above, or having commenced operating its purposes are subverted, a list containing names of and relevant information on those suspected to bear the greatest responsibility for crimes falling within the jurisdiction of the proposed Special Tribunal shall be forwarded to the Special Prosecutor of the International Criminal Court. The Special Prosecutor shall be requested to analyze the seriousness of the information received with a view to proceeding with an investigation and prosecuting such suspected persons. (473)
It is clear that the process has been subverted, and that political protectionism has trumped the needs of the Kenyan people and thwarted the obligations of justice.
Kenyans deserve better.
It is not easy to admit that our leaders have failed us. But the regret and shame of that confession is preferable to the sanctioned culture of impunity that destroys our country and imperils our lives.
We need you to act for Kenya, for our citizens, and for our future.