Alex Ndegwa

Civilised societies become so because they are governed by clear rules. Both rulers and subjects stick by the law. The rules stipulate the rights and obligations of both parties. The people contribute to sustaining the State that in turn looks after their welfare. Through an agreed system, for instance, periodic elections, they confer on their chosen representatives the power to preside over administration of the affairs of the State.

The representatives become custodians of the power of the people. That power, exercised in the public interest, is not however heaped on individuals per se. It is vested in established institutions that people have faith in because they are impartial and diligent. The people have recourse at elections should the representatives abuse their trust. In short, the strict respect of the rule of law ensures affairs are conducted in an orderly, fair and beneficial manner. This promotes the values of the society. In the absence of this there is a total breakdown of order. The rule of the jungle reigns supreme where not even the sanctity of life is respected. A failed state ensues.

Early this year Kenya was in chaos because the rule of law was thrown out of the window. This didn’t begin with last year’s elections. One can trace it to successive regimes since Independence. The political class has whipped up ethnic hatred for selfish means over the years and gotten away with it. The simmering discontent boiled over early this year.

This brings us to the Waki report released on Tuesday that I believe present an opportunity to save the country from future turmoil.

Just like the Independent Review Commission that declined to state the winner of last year’s presidential poll, the Commission Investigating Post Election Violence (CiPEV) sidestepped its minefield. Chairman Justice Phillip Waki said the names of perpetrators and financiers of post-poll mayhem will remain under wraps, at least until a Special Tribunal to prosecute them is established.

But Waki was emphatic that everyone must carry their own cross. There must be no sacred cows if the culture of impunity is to be vanquished. Waki team underscored this stating should establishment of the Tribunal be subverted, the list of suspects would be forwarded to the Special Prosecutor at The Hague.

Prominent politicians are among those reportedly on the list of shame. They are likely to fight back to protect their political careers. They will plead witch-hunt and drag their communities into the matter to muddy waters. But it will be unfortunate if the country loses the opportunity to exorcise the ghost of impunity. Reading through the 500-page plus report reveals chilling accounts of victims of the horrendous, barbaric and sordid attacks. The commission heard testimony from a 70 year-old man who watched the slaughter of seven members of his family. He identified 14 of the attackers in a gang of about 40.

His prayer is that perpetrators of these heinous crimes are brought to book. And he is right.

Ndegwa is a senior political writer, The Standard

alexndegwa@eastandard.net