Ainabkoi Member of the National Assembly Samuel Chepkong’a has lodged a notice of motion in the National Assembly to have a select committee established for purposes of investigating the Waki Commission.
The motion, titled “Establishment of a Select Committee to Inquire Into Allegations of Compromised and Skewed Investigations by Various State and Non-State Agencies on the Matter of the 2007 Post Election Violence” states that the allegations of possible compromise and biased investigations have been of concern to the people of Kenya. It cites the authority granted by Article 95 of the constitution to Parliament to deliberate upon and resolve issues of concern to the people.
The motion proposes that Parliament to establish the select committee to submit its report to the House within 90 days, and to inform debate on the subsequent motion for noting the contents of the Waki Report. Which was tabled in Parliament on 4th December, 2008.
Chepkong’a has proposed that the following members be appointed to the select committee:-
1. Hon Florence Kajuju,
2. Hon. Moses Cheboi
3. Hon. KimaniIchung’wa
4. Hon. Alice Ng’ang’a
5. Hon. David Ochieng
6. Hon. Tom J Kajwang
7. Hon. BonfaceOtsyula
8. Hon. Samuel Chepkong’a
9. Hon. MatiMunuve
10. Hon. David Gikaria
11. Hon. Jimmy Ang’wenyi
12. Hon. Abdulaziz Farah
13. Hon. MishiMboko
14. Hon. Katoo ole Metito
15. Hon Wilbur Otichillo
Chepkong’a, a lawyer by training, has proposed six lawyers to be in his Select committee. This is a possible indicator that Parliament intends to go through every forensic facet of the Waki Report with a tooth comb.
Chepkong’a’s proposal has effectively re-opened inquiry into the controversial Waki Report, which has been the authoritative basis for the ICC investigations and prosecution of several Kenyans. For long there have been complaints about various irregularities, cover-ups, bias and witchunting conducted in the guise of the Commission of Inquiry. A key consequence of the motion is to directly challenge the legitimacy of the ICC cases, and the prospects of justice from the Hague-based institution. Indeed, even the determined and abandoned cases will come into question insofar as their evidentiary foundations are controversial at best.
For Philip Waki, the chicken have come to roost as he confronts the possibility of a second integrity challenge should his commission be found to have violated its terms of reference or committed gross injustice. Waki survived suspension during the infamours Radical Surgery over bribery allegations by producing an alibi, being records from Nyali Golf Club and challenging his accuser’s sanity. He presently serves on international war crimes tribunals, having risen on the crest of his commission’s international notoriety.
Judge Chile Eboue of the ICC has severally observed that Kenyan politicians pose a threat to the ICC cases, and sought to rein in their utterances. The Chepkong’a motion suggests that legislators are not about to stop discussing the ICC cases and even questioning their legitimacy.