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More thoughts on the Waki Commission

I have been following a couple of discussions on mailings about how civil society / concerned citizens should proceed in the aftermath of the Waki report. There is general agreement that this is a good opportunity to address the culture of impunity (especially among Kenyan politicians), and there is little faith that the politicians will do little more than let the recommendations fade into distant memory…probably by tying the recommendations to a new constitution, which will supposedly address the issues raised comprehensively blah blah BUT not before 2012.

Beyond that it has been hard to find any imaginative thinking about how we outside the political circles should at least do our part to keep the pressure on for some kind of action…I mean is a press conference really the best civil society can come up with (and I care because if the post-election crisis doesn’t get us to change things fundamentally I shudder to think just how far we need to sink as a country the next time around). So despite the fact that I have 99 other problems to think about (channeling Jay-Z), I’ve found myself slowly dragging my lawyer hat out of the closet and dusting it off…what options are out there, assuming that the politicians will be politicians?

I’ll start with some reality checks…

First, it is important to remember that the recommendations are just that – recommendations. The coalition government can ignore them.

Second, even if the government succumbs to pressure and goes the tribunal way, there is no immediate indictment of the named individuals as the trusty-always-there-to-help-clean-up-government-shit A-G Amos Wako reminds us. Beyond that expect lots of razzle dazzle distractions, court cases challenging the constitutionality of any such tribunal, and a process that would be like the Goldenberg Commission on steroids with the requisite hook-ups for lawyers.

Third, everyone assumes that the ICC will be an automatic storo if the local tribunal fails to take off. I think the prosecutor is unlikely to pick up the case mainly for political reasons than anything else. Notice how EVERYONE is insisting that any follow-up be local, the government and those who fear indictment are already building a PR case around no outside interference etc. Expect the clarion of voices challenging any ICC process to build up among the trusty impotent AU and others, and unlike the mediation process where the EU, UK, US were worried enough about the spillover effects of the violence in the region to dip their hands into our mess…Kofi Anaan will be a lonely figure this time around. Given the heat the ICC has been catching about the Bashir indictment and the fact that all their indictments so far have been of African leaders, they might not want to touch Kenya any time soon even with a strong case.

Next post…what options are swirling in my mind.

Zuku broadband review

I know Wananchi folks read KP, anyone care to respond to this scathing review (esp on customer service).

Waki…a Commission we can believe in?

So a lot of ink has been spilled over the last few days over the Waki report. The general consensus, even among the typically skeptical echelons of civil society, is the report is well done. The Commission actually has a pretty decent website, but the report – of all things – is not available there. You can get the full version here.

There are now rumblings of an imminent split in the coalition government over how to handle the report (I highly doubt this will split the government…too many vested interests and no one is interested in REALLY rocking the boat). And of course their is the usual competition among the politicians to make the dumbest pronouncements about the whole thing (Ruto, the guilty are not afraid).

Sidebar: I’m wondering if Raila is hoping that this will finally give him the opportunity to nip the “Ruto problem” in the bud…it’s only a matter of time before ODM becomes too small for both of them.

The best assessment of the way forward, in my view, comes from Musikari Kombo, who said, “Reconciliation without the truth is meaningless because it entrenches the culture of impunity which we have been fighting against. The report is based on investigation and whether someone thinks of it as fair or not, it is our only saviour from our violent political culture.” There might be strong arguments for amnesty, or a local tribunal, or the Hague etc., but what really concerns me is that we should not try and “move forward” as a country without addressing what has really become a culture of impunity in Kenya – be it among the politicians who hurtled us towards the violence; the security forces who abdicated their duties; the ECK (the less said about them the better); or the ordinary mwananchi who took the law into his or her own hands during that time. If we do not draw a line now, we will be sending a message that anything goes.

Sidebar 2: Must read on using the Waki report to absolve ourselves as a nation – Gukira. (Gukira, BTW I do think the naming and prosecution of the politicians involved is just as important as self-examination, to the extent that we are still by and large a country of followers of bozo politicians, don’t underestimate the powerful effect of seeing them being held accountable or being brought down to size).

How do I feel about the fact that no one has been named? I kind of agree with Waki’s logic that it would have been more damaging to name people of nothing will be done…of course, this argument only works if a tribunal of some sort comes in to place (and lets face it, in between all the reports that have come out, we kind of know who the usual suspects are). I am secretly hoping for someone to leak the names on Wikileaks though :-)

Back to my bunker…

KELELE – it’s a conference

It will be a couple of years after the brouhaha surrounding the first African bloggers conference in Grahamstown SA and its supposed lack of diversity, but it’s finally good to see the announcement about an African bloggers conference in Nairobi. Hopefully those of you who felt that Grahamstown could have “looked” better will take this opportunity to help shape Kelele into what you’d like it to be as far as representing the African blogosphere (yes, no bitching after the fact is what I’m saying!).

Amnesia: an art installation

APPEAL FOR AN ART INSTALLATION (by Prina Shah)
My name is Prina Shah and I am a Visual Artist in Kenya. Currently, I am working on an Art Installation (art that is created for a specific site/venue, often incorporating materials or physical features of the site), for an exhibition project called AMNESIA, taking place this Nov in Nairobi.
Amnesia was started and directed by the Kenyan Multi Media artist Jimmy Ogonga and Nairobi Arts Trust/ Centre for the contemporary Art for East Africa. The project aims at the advanced contemporary art and thematically at the critical scrutiny of colonialism and the question of African cultural identities.

My installation is based on the ‘Post Election Violence’, verbal and physical. In some form of way, ‘Like or dislike” all of us in this nation were involved either as VICTIMS or PERPETRATORS.
I want all of you to be a part of this installation, as we all have, been a part together in the making of the ‘Post Election Violence’. All I ask of you, is to share your experience. Whether in writing, drawing, a photo… Anything…It doesn’t matter whether you want to indicate your name or particulars, the importance of what you want to share, is up to you.

All materials that you send will be dealt with the up-most confidentiality and respect.
* Email me your experience on kilolodesigns@gmail.com
* If you have a photo/drawing, either scan and send on email or on the following Postal Address- P.O. Box 38932-00623, Nairobi, Kenya
* Submit all material by 28th of October 2008.
I take this opportunity to thank you all in advance for your support and being a part of this nation’s Mourning, Grieving, Forgiveness, Cohesion and Healing. Close to the date of the exhibition, you will all receive my personal invite.

Kwani Litfest on Africa Journal

For those you missed the Litfest, catch a glimpse of the goings on via this report.

And speaking of a reading culture in Kenya, I’d be curious to see your thoughts on this post about promoting reading in Kenya (hat tip Dipesh!).

African Cities Reader

The African Cities Reader seeks submissions for its launch issue (2008/9) organised around the theme: “Pan-African Practices”. The Reader is open to writing and art in multiple genres (literature, philosophy, faction, reportage, ethnographic narrative, etc) and forms of representation (text, image, sound and possibly performance) by practitioners, academics, activists and artists from diverse fields across Africa in all of her expansiveness.

All published work will be remunerated @ $500. Deadline Friday 31st October 2008. More details here.

24 Nairobi

I’m loving this! It’s all about something I’m passionate about…creating our own content, telling our own stories, and reflecting the diversity of Africa. Kudos to the folks behind it (and doesn’t Nairobi look HOT!!! Hat tip Juergen!

24 Nairobi “is intended as a showcase of a modern African city through the eyes of its own photographers. A lot of times cities in Africa are viewed through the narrow lenses and stories of missionaries, career war photographers and aid workers. 24 Nairobi brings together local, regional and international creative professionals to evolve powerful and realistic images and narratives that would reflect the working-life diversity, cultures, energy and dimensions of cities in Africa. This is an alternative, innovative, realistic and professional African perspective. All the photographers reside in Nairobi and grew up or now call Nairobi “home”. This aesthetic has now been captured.”