2008 Post-election Violence: All Kenyans are guilty

                    

The trials of the Kenyan suspects opened at the International Criminal Court. Indications are witnesses are growing cold feet. The weight of taking the stage against your President and his Deputy is probably too much for anyone. It is especially so if the witness is a humble peasant.

 

The Kenyan flag: A symbol of state, not national union (Image courtesy of Google Images)

Of course queries will arise over how a simple peasant can have evidence implicating a president. It is likely the case against President Uhuru Kenyatta and Deputy President William Ruto will be constructed by piecing together scraps of evidence from witnesses. It is possible a good measure of the evidence will be based on hearsay.  The ICC effectively exonerated the state machinery of aiding or abetting the atrocities. By dropping charges against the former Police Commissioner and former Head of Public Service, the court cleared government of culpability.

The case now focuses on a journalist and two prominent politicians turned President and Deputy President. The case against journalist Joshua arap Sang is only of passing interest. The meat is on the other two suspects.

Can anyone conversant with the feudal nature of Kenyan society take the stand against the President? Probably yes, but it will take a rare streak of courage to do so. It could also be the act of a mad man or a desperate soul. Without a doubt there will be sanction against anyone taking the witness stand at The Hague. 

In a society where it is routine for whole tribes to pay for the sins or omissions of a few, kin of the witnesses will bear the brunt of their relatives daring. The prosecutor may mask the identity of the witness. The grapevine has ways of digging up the truth on their identities. Something a witness says on cross-examination, places and times she mentions may be enough to give a rough idea who the witness may be. Kenya does not need solid evidence. Mere suspicion is enough to indict and condemn.

It is rumoured the prosecution had difficulty getting local professionals to give expert evidence on the killings and rapes. Perhaps the professionals understand more than anyone else the vindictive nature of our society. The accused need not do anything against the witnesses. Our scorn and violent tendencies are enough to punish them. Anxious relatives may whisper discouragement into the ear of anyone who seeks to take the witness stand. Even if the evidence is not enough to convict, the witnesses will bear the scorn of the country.

Who, then, is guilty of the crimes committed in the aftermath of the 2008 elections? Kenya is guilty. We are too weak to pursue the persons suspected of the crimes. We have not the spine to confront the guilty. We are too afraid of the consequences of opening sore wounds. None of us can look the matter in the eye without blinking. As a country and individuals we lack the hands to scour the pools of blood for truth.

We lost the cause when in typical fashion we apportioned blame on tribes. Instead of picking which among us is guilty, we point fingers at whole tribes. The guilty easily find cover among their tribesmen. They know it is not possible to incarcerate a whole tribe. Their tribesmen; not too keen to bear the pain and discomfort of inquiry, happily acquiesce. 

Jointly and severally, the Kenyan people have given cover to some of the worst crimes ever committed. It is not for the victims and witnesses alone to seek justice in the matter. The death of more than a thousand people, maiming of thousands more, displacement of six hundred thousand others and loss of property running into billions should prick the nation’s conscience. It is not enough for the country to return to normalcy. There should be proportionate punishment for the perpetrators.

Mzee Jomo Kenyatta’s famous call to the country, Tusahau yaliopita tujenge taifa( Let us forget the past and build the nation), helped the nation gloss over colonial sins. It did not help understand the crimes and prevent further injustice. Many believe the 2008 Post-election violence is a consequence of glossing over issues instead of painfully inquiring into the causes. We are repeating the same mistake once again.

Not too far off in the future another breed of political demagogue will latch on to the atrocities of 2008. Putting out the fire and rising from the ashes is not restitution if traces of bitterness linger. We have not even the guts to purge our security system of the failures that led to such a dismal performance in the crisis.

Kenya, postponing surgery by using palliative medicine is not a cure.  The problem persists. If it recurs, it will only do so with more savagery and viciousness. Kenya, find the disguised hyenas among the flock. They will surely devour your sheep when the shepherd looks the other way.