Legal Commentary

Update 3 from Geneva Conference

By Ory Okolloh

[Back home in Joburg, and playing catch-up]

Orengo speaks:

People must remember that the accord was a ceasefire document.
- At the time the State and its organs were unable to control the situation and were also engaged in the violence. The lack of confidence in the judiciary also eliminated it was an option.
- The problem has always been the State and its nature and this still remains the same.
- They tackled the composition of Cabinet but not of government and this is problematic.
- Issue of corruption / impunity the biggest challenge
- The principles are too far removed from the process
- He urged the media to take advantage of a more open parliament to really highlight the performance/non-performance of MPs

Sally Kosgei made a brief / interesting comment on how they - a group of 6 individuals including head of National Intelligence, Army Chief - managed the transition in 2002. Apparently they had been working on Moi to prepare him psychologically to hand over power since October. In her view Kibaki/PNU were never prepared to leave no matter what the results were and the “kitchen” Cabinet reinforced this.

Full post as published by Kenyan Pundit on April 02, 2009 (boomark / email).