Ruto: Waki commission failed in its mandate

A key member of the National Dialogue and Reconciliation Committee has trashed the Waki Report saying the commission failed in its mandate and could not help solve problems facing the country.

The report has caused mystery and confusion in the country, trivialised the investigations and amounted to guess work, Agriculture Minister William Ruto who is in the team headed by former UN chief Kofi Annan which formed the Commission said.

“The report did not get to the bottom of the matter and fell far short of expectations of Kenyans,” Mr Ruto told journalists at Jomo Kenyatta International Airport on arrival from an official visit to Netherlands.

He said the Commission was supposed to conduct independent and speedy investigations on causes and perpetrators of post election violence but failed.

Instead, Mr Ruto said the Commission of Inquiry into Post Election Violence gave “general” recommendations including the formation of a tribunal that could take much longer to try perpetrators of the violence.

“The Commission was meant to expeditiously look into the issue of Post Election Violence.....not normal thuggery, hooliganism or violence.

There has been violence every election year since re-introduction of multi-partism, it became necessary to form the commission for the country to get out of this circus,” Mr Ruto said.

He said the Commission was given a three months mandate because of the urgency of issue it was to investigate.

“It was supposed to conduct thorough independent investigations. The Waki team did not however meet any of its mandate. The report gives general statements on police involvement, meetings in State House and that the violence might have been organised. There’s nothing substantive,” Mr Ruto said.

The Eldoret North MP whose Uasin Gishu home district was seriously affected by the chaos said the formation of tribunal defeats reason why the Waki team was formed.

Mr Ruto dismissed Mr Justice Philip Waki who headed the commission assertion that it did not complete its investigations to enable suspected perpetrators and financiers of the violence to face charges immediately because of lack enough time.

The Minister said just like the Kriegler and Cockar commissions whose term were extended a number of times, the Waki team should have sought extension to do a thorough job.

The MP said formation of a tribunal was a long process and that it required change of section of constitution that states that one is innocent until proved guilty.

He regretted that the Waki Report as it is, has already ruled that a number of people were guilty “until they are acquitted through a tribunal.”

“The Waki commission ran away from its responsibility. It did not live up to its mandate,” Mr Ruto said.

The Minister said the Waki Report had caused more mystery and confusion in the country by putting the names of people suspected to have been involved in the post-election chaos in an envelope and indicating that it had no sufficient evidence against them.

The move, he said, trivialised the investigations.

The minister said the commission’s findings that violence in Rift Valley could have been planned was out of guess work and that it did not conduct its investigations professionally.

He added, “everybody” knew there was a meeting at State House, outlawed Mungiki sect were “everywhere” and that the commissioner of police acted arrogantly.

He however urged Kenyans to debate the Waki report and come up with way forward.

He said the solution to the chaos should not only help create national unity but end impunity.

He said: “We must face the facts so that violence does not recur every election year.”

The minister however warned that not much will be achieved if constitution was not changed to enable youth get employment, end poverty and hunger.

He regretted that many Kenyans were getting poorer.

He said the constitution should further be changed to make leaders more accountable.