KRIEGLER TEAM IS A NOBLE IDEA, BUT IT LACKS INITIAL

KRIEGLER TEAM IS A NOBLE IDEA, BUT IT LACKS INITIAL
INDEPENDENCE AND AN ULTIMATE PURPOSE
The Kriegler Commission which was formed to investigate the alleged irregularities that marred last year General Elections looks so flourishing at the face value. It ekes hopes and lots of faith in Kenyans heart; that the truth will finally come out and Kenyans may be able to know who really won the December polls.
But with all due respect we need to read suspect in this Commission. While it looks like and indeed should be a noble idea, the commission first and foremost is not independent as it has been regularly referred to. It is not independent in both the way it is constituted and mandated. Apart from the chairman of this commission, other members were nominated by and drawn from the two wrangling parties; ODM and PNU. This makes it lacks independency in the sense that these are people with key and specific interests to achieve and positions to defend. Besides the commission chairperson, did make it clear at the beginning of their task that their mandate does not include determining who exactly won the election and if they were to do so then it means they would be acting ultra vires.
The commission is time barred -by the fact that a coalition government has been formed and put in place following the mediated talks, agreement and signing up of the National Reconciliation Accord by the two principals and passing it into law. This serves as self evidence that the principals have gone beyond the poll wrangles and now would wish to move forward by sharing power and governance. The grand coalition is on its feet and both the president and the prime minister are showing immense commitment to make it remain united.
Kriegler Commission may therefore turn out to be another public relation exercise after all. But worse still, if its report was to be made public and be reflective of what exactly happened, then it may act as the departing and crumbling point of the grand coalition government. This is a road that may take this nation several steps backward contrary to our desire to move forward.
The Electoral irregularities that were witnessed in the December Polls were so obvious and all its cause pointers are titled towards the direction of Electoral Commission of Kenya as an institution in terms of the strength of its structure, financing, composition control and degree of its independency. Thus, as much as the Kriegler commission may be operating on the right mission, it is racing on the wrong track. ECK as institution should be the issue and not who was declared winner or rather who won and who never won the December polls.
Once the two Principals chose to sacrifice the truth about the polls and the people’s democratic decision at the altar of saving this nation, it is assumed that the issue of winner and loser was forgotten, nullified and buried to rest. Kenyans should be well informed that their expectations are too high for nothing and that what they expect out of Kriegler Commission may totally be different from what the political class are intending to achieve out of this conspicuous commission.
As a matter of fact the commission may not be able to be of any good for Kenyans. For instance, its first seating was marred with abuses, counter accusations and wrangles by both its own members, legislators and members of public, changing bitter words and acclaiming blames against one another on who won or stole the elections. Thus the genuine commission report and actions, may as well derail the spirit of reconciliation since it may act as a permanent reminder to Kenyans of an ugly and emotional past; enabling us to continue fueling the poll debate in a negative way and tattooing one another with negative adjectives like “thieves of election.”
As long as this commission lacks a clear mandate, this country may find itself divided further worse than it was in January. But this will collaterally and heavily depend on the hidden intention that the political class may harbor beyond their smiles, hopes and expectation on the commission that they have generally displayed before the beaming Media cameras and Newspapers.
Appearing in this commission is therefore a waste of time and legitimizing of irregularities committed by our political class against the spirit, purpose and composition in forming of any commission that is intended to reflect the people’s will, desires and aspiration for a forward moving nation.
It is at this point where our nation needs true leadership, patriotism and honesty. We need to hear the voice and the position of the civil society and other defenders of this country’s democratic gains on this hot debate about the Kriegler Commission.
The media has played a pivotal role to inform, update and educate the mass on the hurdles that are likely to face this commission. This can act as a turning point, platform and form the basis in which this nation may find space to pause and pay some attention and constructive conscience questions on this commission.
Unlike other former commissions, whose reports and findings has never seen the light of the day and instead gathers dust in safe locks, Kriegler Commission is like a volcano, which may trigger political turmoil at any slightest and careless comments or utterances by our political class.
The likelihood that the report may not be made public is so high and as such it poses a threat of being used as a political and hidden tool for breaking the grand coalition or dividing this nation in the middle again along tribal lines for political gain or loss before or by 2012. Under the circumstances and environment in which this commission is founded, it paints a picture of postponement of the root cause of a crisis and a deliberate construction a political landmine that may bring down the tower of our hope as a nation.
As for now, all what the Kenyans can read from the face and the packet of Kriegler commission is “good and timely intention.” But aware of the strides that we have taken to make or fake the return of the state of normalcy to this nation after 2 months or so of street battles, displacements of people, destructions of properties, devastation of the economy, mass killings and tribal cleansing one another, following the disputed December General Elections, time is the only measure that will tell whether the commission will have been outstanding, different or of meaning to this nation and its citizens. But before that, all may look good for now but might the final situation may turn out to be neither the gold nor the goldmine.

Yours faithfully

Signed

OULU GPO
P.O Box 4598-00200
Nairobi.