For the last time, we are not all guilty!

By BETTY WAITHERERO

In Summary

• Kenya should have taken the processes of Truth, Justice and Reconciliation much more seriously.
• We are not all perpetrators. Some of us are survivors or victims of the post-election violence.
• Most importantly, if these politicians and the crafters of their political rhetoric truly feel guilty and remorseful, they should apologise to the nation for failing Kenyans during the post –election violence

At a public debate hosted by Change Associates Trust on  17 October 2014, a motley crew of politicians and political aspirants, lawyers, and one (yes, just one!) journalist assembled to chew out the essence of this motion: “Is Kenya (now) on trial at the ICC?”

I am quite sure that Change Associates Trust, led by Mr Ngunjiri Wambugu, had every aspiration that this particular public debate would at least result in some boisterous banter between peers knowledgeable about the legal intrigues of the International Criminal Court.

But, lo and behold, the seven non-journalists on the panel proceeded to spew common propaganda and extremely vile, cheap rhetoric, characterised by statements such as “We are all guilty”, which depict the level of impunity politicians are willing to preach.

This is the strategy they have adopted; to convince you that you share in their guilt, and thus also in their impunity.

Kenya should have taken the processes of Truth, Justice and Reconciliation much more seriously. They should also have taken the presence of considerable residual hostility between communities far more seriously.

NO KNOWN PERPETRATORS

To declare, in a mocking sense, that we are all guilty as a nation for the events of 2007 is to attempt to spread the mantle of guilt around, and to diminish the weight of responsibility borne by the guilty parties.

More interesting is how the statement “we are all guilty” was used to support the flimsy argument that there are no known perpetrators who are guilty of crimes committed during the post-election violence of 2008, and that the violence was spontaneous.

READ: Kenyans 'guilty' of post poll violence

READ: Mudavadi and Ruto differ on Waki report

READ: Ocampo Six ordered to appear at Hague

This is certainly not new. The protestations by suspects accused at the ICC have been going on ever since they were named, but ascribing the guilt of what happened to the entire country is certainly a novel way of escaping reality.

According to this new philosophy, all 40 million Kenyans, and all Africans, to boot, are on trial at the ICC.

The first time I was compelled to point out that Kenya and Africa are not on trial was back in 2012.

To find myself at this same point a mere two years later indicates to me that a false sense of brotherhood inspired by certain political rhetoric may actually have taken root in ordinary citizens.

INGRAINED IMPUNITY

It is at this point that certain facts need to be repeated.

We are not all perpetrators. Some of us are survivors or victims of the post-election violence.

Only a handful of Kenyans are guilty of PEV-related crimes.The rest of us are innocent citizens.

We are not all accused. The failure by our Parliament and Executive to appoint a tribunal to deal with all PEV-related cases is testimony to the ingrained nature of impunity in this land.

We are not all on trial. That’s right, there are now only three accused – down from six suspects – who are currently awaiting justice at the International Criminal Court.

Only William Ruto and Joshua Sang are on trial at the moment. All the accused are presumed innocent unless proven otherwise.

LET THEM APOLOGISE

We are not all guilty. In Kenya’s tenth parliament 222 members of Parliament came to the collective decision that a local trial would not suit them. Rather they decided “Don’t be vague, let’s go to The Hague.”

We can’t all possibly be guilty for the actions of a handful of people keen on running away from justice. It is an affront to any rational mind to appropriate blame for heinous events to even the victims and survivors of those very events.

Most importantly, if these politicians and the crafters of their political rhetoric truly feel guilty and remorseful, they should apologise to the nation for failing Kenyans during the post –election violence. After all, empathic people apologise when they feel true guilt.

 It’s been seven years since the 2007 elections, yet with claims of “collective guilt” and no apology forthcoming, it is doubtful that these politicians really feel what they say.

Twitter: @bettywaitherero