NAIROBI, Nov. 3 (Xinhua) -- Former UN chief Kofi Annan has cautioned Kenyan
lawmakers to stop trashing a report on the country's post election violence,
saying it will not be easy to shelve the report.
Annan who helped restore peace in the country early this year has
reportedly expressed his concern in telephone contacts with members of the
mediation team that it will not be easy for the post election suspects to easily
escape the hands of justice.
"He (Annan) has quietly expressed his concerns about those who are trying
to throw out the Waki report. He says that it will not be easy for those who are
mentioned in the sealed envelope to escape," the Daily Nation reported on
Monday, citing sources.
According to the newspaper, Annan, who is holding the secret envelope with
a list of prominent people who are suspected to have planned and financed the
chaos in which more than 1,133 people were killed, is concerned at the spirited
crusade by MPs from PNU and ODM to either reject or manipulate the findings of
the report.
The Waki Commission is among bodies that were created by the mediation team
as it worked on the National Accord to secure a stable Kenya. Others include the
Commission on the disputed Presidential Election Results and the yet to be
constituted Truth, Justice and Reconciliation Commission.
Out of eight members of the mediation team, it is only Agriculture Minister
William Ruto who has come out strongly in opposition of the report, saying the
Waki team did not satisfy its mandate. He has also dismissed the report as full
of "rumors, innuendo and hearsay."
Last week, ODM lawmakers whose party formed a coalition government with
President Mwai Kibaki's Party of National Unity (PNU) unanimously agreed to
reject the report in toto, arguing that it contained "incurable errors". They
also said it contradicted the Constitution.
This was after a spirited effort by the party leader, Prime Minister Raila
Odinga to have it be implemented, even partially, was shot down.
Justice Minister Karua and her Nairobi Metropolitan counterpart, Mutula
Kilonzo (from PNU) have warned that failure to form a tribunal as envisaged in
the recommendations to try the suspects in the envelope locally will leave them
at the mercy of International Criminal Court.
Some PNU members have also opposed the full implementation of the report
saying that it was flawed. However, a formal party stand will be known on
Tuesday.
Even though, they are demanding that the secret list containing the names
of the perpetrators of the violence, be presented to Parliament with evidence
alongside the report, failure to which they will reject it.
Meanwhile, the International Commission of Jurists, Kenyan Chapter (ICJ),
has called on the African Union and UN to exert pressure on the coalition
government to implement the report.
The ICJ calling for full implementation of the findings, and wants the two
institutions to ensure the report was not trashed.
"We call on the UN, African Union and the Panel of Eminent Persons to
sustain pressure on the Kenyan government to ensure that the report is fully
implemented," said ICJ acting Executive Director Priscilla Nyokabi.
The Commission wants Parliament to speed up the formation of a legal
framework to pave way for a special tribunal to prosecute the perpetrators of
violence.
"This will eradicate the culture of impunity that has become characteristic
of our socio-political fabric," said Nyokabi.
ICJ also asked Parliament to give priority to the International Crimes Bill
that would establish the tribunal. "Previous investigations have failed to bring
perpetrators to account and justice for victims. The special tribunal will also
herald a democratic era, and will uphold and promote the rule of law," Nyokabi
said.
Apart from the list containing the perpetrators of the violence, the report
severely implicated the police department for numerous commissions and
omissions, including the killing of some 400 people who were shot by officers.
It is also accused of having failed to document rape cases committed during the
post election violence, including those committed by the police themselves.
It called for radical changes in the top leadership of the regular and
administration police which it said failed to show proper guidance before,
during and after the 2007 general elections.