Tuesday 11 February 2014

Uhuru Kenyatta, William Ruto were not in Waki envelope

Kenya: Nandi Senator Stephen Sang
has said Jubilee will use parliamentary
procedures and process to reveal the
contents of the Waki envelope for
possible prosecution by the Director of
Public Prosecutions.
Senator sang said they will push for
prosecution of the persons mentioned
in the Philip Waki envelope at the
Special International Crimes High
Court Division upon its establishment.
The legislator disclosed that they will
also seek to establish how the former
prosecutor Luis Moreno Ocampo
narrowed down to the six names.
The lawyer added that their action was
necessitated by the premise of the
possibility that neither Uhuru nor Ruto
were mentioned in the letter given
that the entire process was politically
motivated to manipulate Kenyans to
certain premeditated outcomes.
“But I am excited that Kenyans were
alive to this and were not misguided.
It is very easy to know the culprits
behind the orchestrations given the
remarks by certain diplomats that
were cautioning Kenyans that choices
had consequences months to the
elections,” offered Sang.
Sang was optimistic that the cases will
crumble within the first half of 2014
given that the defense would pick up
the revelation as part of their evidence.
“They have confirmed the reason why
we passed motions withdrawing from
the Rome Statute because we had
carefully analysed that their operations
were politically motivated thus
withholding justice.”
He affirmed that the recent revelation
did not just confirm their fears but
was also testimony to the fact that the
case’s major driving force was to block
Uhuru, Ruto presidency based on
drummed up charges and vendetta.
However, senate majority leader
Kithure Kindiki differs fundamentally
with the approach picked by his
colleagues because it can only act to
further balkanize and frustrate the
reconciliatory efforts realised so far
realized.
“I think the discussion should be
currently centered around how we
can bring closure to what happened
in 2007/8 but not through criticism,
settling political scores but through
judicial redress, accountability and
social restoration process,” he stated
Kindiki observes that this would have
been best realised through a credible
truth justice and reconciliation process
but regrets that the Truth Justice and
Reconciliation Commission’s Process
was squandered by political intrigues.
“It is devastating to know that Ocampo
created a lot of false hope for the
2007/8 pose election violence victims,
which is so sad. It is now clear that he
will not deliver justice even to the
victims, a situation that takes us back
to the drawing board,” he moaned.
He raised concern that a court of such
stature would stoop so low and act
under pressure from third parties and
conduct proceeding based on
extraneous factors other than justice.
“Some of us who were part of the
defense had raised these concerns at
the very early stages of the case that it
was based on rumors and secondary
information while largely relying on
third parties like NGOs that luck
investigatory powers.
They had also complained that the
case was politicised but wondered
how all the six Kenyans dragged in the
very expensive process and whose
names were tarnished would be
compensated.
“Under the national legal system there
is suing for malicious prosecution. I
doubt the ICC has such,” he
questioned.

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