Nuclear dumping in north calls for posthumous trials
A used nuclear fuel is seen in a storage pool.
The recent media exposé on the nuclear waste disposal in northern Kenya has once again revived the ghosts of the Daniel arap Moi regime.
It is a grim reminder that the spectres of history continue to haunt the present and future of this nation, demanding attention, acknowledgment and action by the current government.
Nuclear waste is dangerous for human beings due to its radioactive properties, which can cause serious health effects such as cancer, genetic damage and acute radiation sickness upon exposure. The President William Ruto-led government should investigate the issue and bring the culprits—foreign companies and their local accomplices— to justice.
It should go further and initiate posthumous trials of the deceased individuals found to be culpable in the crime against the people of northern Kenya.
Just last month, the people of northern Kenya marked the 40th anniversary of the Wagalla massacre—another dark chapter in Kenya’s history, where hundreds of men and boys were rounded up and killed in Wajir in the guise of a security operation. That and the nuclear waste dumping are part of the systematic abuse of power and disregard for human life and dignity by the scandalous Moi regime.
In fact, the nuclear waste disposal issue not only highlights an environmental injustice but also the long-term health ramifications on the affected communities. These incidents are not merely historical events but are emblematic of systemic failures that allowed such atrocities to occur unchecked.
Investigating and, ultimately, punishing these human rights violations and bringing the perpetrators to book is paramount.
A matter of justice
First, it is a matter of justice. The victims, and their families, deserve recognition of their suffering and a formal acknowledgment of the wrongs perpetrated against them.
The pursuit of justice, albeit delayed, sends a powerful message that such acts will not be swept under the carpet and those responsible, directly or indirectly, will be held to account.
Secondly, it is a crucial step towards national healing and reconciliation. Unresolved grievances and unacknowledged atrocities can aggravate the situation, leading to cycles of resentment and violence, especially with northern Kenya facing the Al-Shabaab, a group that rides on historical injustices to lure and recruit the youth.
Kenya must confront these painful dark chapters of its history and embark on a path of justice, reconciliation and, ultimately, unity.
Besides, investigating and punishing these violations will serve as a deterrent for anyone thinking of committing such heinous crimes. It reinforces the principle that nobody is above the law and acts of gross human rights violations will not be tolerated, regardless of one’s position or the passage of time.
The idea of a posthumous trial is contentious and taboo in the African context and is inter-twined with legal and ethical dilemmas. But the objective of such proceedings would not be punitive but symbolic and restorative; an acknowledgment of the victims’ suffering and a formal denouncement of the actions and policies that led to the atrocities.
Political will
However, first, there must be political will and commitment at the highest levels of government to support and facilitate the process. Secondly, an independent commission or international body with a mandate to investigate the violations should be established, ensuring impartiality and credibility.
Thirdly, comprehensive legal frameworks need to be put in place to address the complexities of posthumous trials and their potential implications for the families and associates of the accused.
Moreover, there should be concerted efforts to engage with and support the victims and their families throughout the process, ensuring that their voices are heard and needs adequately addressed.
Mr Sheikh, a media and communication expert, former head of BBC Somali Service and director at Brightview (BV) International, is a board director at Amnesty International (TI) Kenya.
