Central MPs split over Imanyara Bill

By Gakuu Mathenge and Patrick Mathangani

The Imanyara Bill is brewing a storm in the political ranks.

The Bill has split both PNU and ODM top ranks down the middle and threatens to cause more discomfort among those opposed to it as the date for its debate and voting approaches.

The Bill published on Friday seeks to change the Constitution to allow the establishment of a parallel judicial process to try suspected masterminds of the post-election violence through a special tribunal.

There has been a change of attitude, especially among some MPs from PNU and Central Province, who have been mute.

The reason for silence is twofold:
First, a Cabinet meeting chaired by President Kibaki on July 30 announced the Government had opted to forego a tribunal in favour of the Truth, Justice, and Reconciliation Commission.

The PNU MPs fear contradicting or being seen to oppose or criticise the President.

Second, pursuing justice for post-election violence victims, and punishment for masterminds would upset subterranean efforts to forge 2012 political alliances between the Kikuyus and Kalenjins. Even as ODM leader and PM Raila Odinga endorsed the Bill last week, his deputy leader William Ruto, is the most vocal opponent.

He has told off church leaders for persisting on their calls for a judicial tribunal.

In a manner not witnessed since Kibaki became President in 2003, the Church, through the Ufungamano Joint Forum of religious leaders, has said nothing short of a special tribunal will be the acceptable method of dealing with post-election violence suspects.

They say pursuing peace and reconciliation, minus justice for victims and punishment for masterminds, smacks of embracing impunity.

The latest convert to the tribunal’s support, is Party of National Unity (PNU) convener of small parties David Ngugi, who is also the Kinangop MP.

During an interview, he challenged those opposed to the Bill to show credible alternatives for ending impunity.

Small parties forum

"This is the only weapon we have. Those opposed to it should give us a credible alternative," Ngugi said. He claimed 38 members of the small parties forum in PNU will endorse the Bill.

When asked to comment on top PNU coalition leadership opposing the Bill in the name of shoring up peace and reconciliation in the Rift Valley, Ngugi said: "Failure to punish masterminds of ethnic violence in 1992 did not stop clashes in 1997 from happening. Kalenjin and Kikuyu communities should refuse to be recruited into a coalition of impunity tainted with the blood of the innocent. This is not about individuals but about ending impunity. I did not go to Parliament to protect individuals but the people of Kinangop and Kenyans."

On fears of upsetting 2012 succession designs being reason PNU leadership is mute on the Bill, he said:

"Those opposed to the tribunal or mute about it with an eye on 2012 presidential elections should be told be that leaders are known in times of crisis when they stand to be counted. Leadership is about taking sides when it is necessary, not playing survival politics," he added.

Ngugi said MPs supporting the Bill were seeking Speaker Kenneth Marende’s support, to allow for a Kamukunji, to build consensus.

But not all the MPs are comfortable with the Bill. Government Chief Whip George Thuo said he opposes it as it has "ulterior motives," although he admitted he had not read it.

Kanu deputy Secretary-General Maoka Maore wondered why some were worried about President Kibaki’s immunity, while he had not complained he needed protection or had anything to fear.

"As DP chairman, President Kibaki used to lead us to Maela, Olmoran, Sipili and Molo, condemning impunity in ethnic violence hot spots. The country is watching him to show leadership on efforts to end impunity," Maore said.

President Kibaki has not directly been linked to the violence, save for a meeting cited in the Waki Report in which key Government operatives allegedly met at State House, Nairobi, to plot the mayhem.

Community kingpins

Ol Kalou MP Erastus Mureithi calls for caution.

"If we take some people who are deemed community kingpins to a local court, we might have a more dangerous scenario than post-election violence. A whole community might rise in defence of their people," said Mureithi. Mureithi and Thuo likened the Bill to the earlier version presented to Parliament by then Justice Minister Martha Karua. However, the first one did not seek to strip the President off immunity.

Supporting the Bill, Tetu MP Francis Nyammo called for trial of all people mentioned in the Waki list. Nyammo said the President should also face trial if he is mentioned.

"The post-election violence was a result of various forms of impunity that we have been sweeping below the carpet. Let everybody who was involved face justice," said Nyammo.

Safina Chairman Paul Muite said President Kibaki should support the Bill that seeks to address impunity, as Prime Minister Raila Odinga had done.

"I cannot foresee any legitimate reason anyone would want to oppose the Bill, besides politics. There is no presidential immunity under the Rome Statute. A tribunal has to meet the ICC standards to be acceptable" Muite said.

Additional reporting by Job Weru and Boniface Gikandi