No Mr. President, Let Justice be done on the Waki Report
Oct 25th, 2008 by Mars Group Kenya
Murder must be called by its proper name: Murder is Murder; political or ideological motives do not change its nature…….. The massacre of men and women, whatever their race, age or position, must be called but its proper name. Torture must be called by its proper name; and, with the appropriate qualifications, so must all other forms of oppression and exploitation of man by man, of man by state, of one people by another people — Pope John Paul II – 1980
No Mr. President, Let Justice be done on the Waki Report
With no joy in my heart, I have to respectfully differ with His Excellency the President over his remarks in regard to the implementation of the Waki Commission of Inquiry into the Kenyan Post Election Violence.
The President was reported in the media as having stated that while Kenyans sought Justice for the crimes committed in the aftermath of last years General election, they should keep in mind that Justice must be tempered with forgiveness.
The remarks of the President, and of many who have supported his call, are however ill-timed and misleading both theologically and legally. Though there is a time and place for forgiveness, this is neither the time nor the place.
Since the President is a Roman Catholic, I wish to analysis the issue of Justice and forgiveness in the words of the church and the scriptures.
The doctrine of tempering Justice with forgiveness has been evangelized by many Christian theologians and most notably by the late Pope John Paul II. In his homily during the Pastoral visit in Frosinone on 16th September 2001, the Pope said “Pardon is the Joy of God even before it becomes the Joy of Man.” In the homily, he talks of Dives in Misericordia, or The mercy of God, as our guiding principle.
However, the theology of forgiveness is much more complex than we laymen may interpret it. Indeed, in the various homilies of the late Pope John Paul II, he may be mistaken by we lay people as calling for an end to punishment, and adoption of forgiveness as the mandatory reaction to sin and crime.
In his message entitled “No peace without Justice, No Justice without forgiveness” delivered during the celebration of the World day of peace in 2002, the Pope explained that forgiveness” is not a proposal that can be immediately understand or easily accepted; in many ways, it is a paradoxical message”.
The Pope did not mean to compromise truth and punishment, and he must not be understood that way. The scriptures themselves do not require us as human beings to set free wrong doers. Theologically, there is no contradiction between punishment and forgiveness.
While speaking on a similar occasion in 1980, Pope John Paul II said that “The desire for peace does not cause the man of peace to shut his eyes to the tension, injustice and strife that are part of our world. He looks at them squarely. He calls them by their proper name, out of respect for truth”.
The Pope said “Murder must be called by its proper name: Murder is Murder; political or ideological motives do not change its nature…….. The massacre of men and women, whatever their race, age or position, must be called but its proper name. Torture must be called by its proper name; and, with the appropriate qualifications, so must all other forms of oppression and exploitation of man by man, of man by state, of one people by another people”.
In an Encyclical letter on the value and inviolability of human life issued on 25th March 1995, Pope John Paul II while discussing the murder of Abel by his brother Cain says:
“But God cannot leave the crime unpunished: from the ground on which it is spilt, the blood of the one murdered demands that God should render Justice. From this text the church has taken the name of the “sins which cry to God for Justice”’ and first among them, she has included willful murder”….. Life, especially human life, belongs only to God; for this reason, whoever attacks human life, in some ways attacks God himself”.
Theologically, therefore the President is clearly wrong to use the word forgiveness in respect to implementing the Waki report. He should have been guided to his approach towards this issue by two teachings. The first is in 2 Samuel 12:10-15 where, though David is assured that the Lord has taken away his sin, David is still punished by God. “Out of your household I am going to bring calamity on you”. God forgive him but still punishes him. This shows that punishment and forgiveness can co-exist.
The second teaching is by Pope John Paul II is the 1995 letter when he says:
“The Lord said to Cain: “What have you done? The voice of your brother is blood is crying to me from the Ground”. (Gen 4:10) The voice of the blood shed by men continues to cry out, from generation to generation, in ever new and different ways.”
“The Lord’s question; “What have you done” which Cain cannot escape, is addressed also to the people of today to make them realize the gravity of the attacks against life which continue to marks human history”.
The President must call up on all suspects of the violent murders we have witnessed and ask them, in the name of God, “What have you done?” Otherwise it may be the President who will have to answer that question on the day he goes before God for his final Judgement.
The second perspective to this matter is legal. And in this perspective, the President is similarly wrong. The position of the law in respect to Justice is captured by the Latin phrase “Fiat Justitia ruat caelum” – Let Justice be done, though the heavens fall.
This doctrine was first laid down in 43 B.C. by a Roman statesman and father-in-law to Julius Caesar called Lucius Calpurnius Piso Caesoninus. It has always been used to show that Justice must be pure and free from extraneous considerations.
It matters not therefore whether punishing the murderers is going to cause the collapse of the Grand Coalition. If that happens because justice was upheld, so let it be. Infact, if this Grand Coalition is being held together by the blood of innocent victims, then it is evil and diabolic and deserves to collapse.
That is the kind of justice that the victims of politically motivated ethic violence in Kenya demand from the President. They want the truth, free from political colouring. As the Pope said, they want murder called by its proper name without political or ideological motives.
If there is to be any forgiveness, the victims want to be the ones to forgive. In his 2002 homily, the Pope said that “Forgiveness, as a fully human act, is above all a personal initiative”. It is the prerogative of the victim.
The President has no right to forgive a murderer for the killing of another. Only the Almighty God has that power and prerogative. Indeed, the President is under a solemn divine duty to punish those who have murdered. Firstly because he swore on the Holy Bible before the Nation that he shall uphold and protect the Constitution of Kenya.
Secondly, because the scriptures require him to fight for the oppressed. Psalm 72 prays to God and says:
“Endow the King with your Justice O God…… He will judge your people in righteousness; your afflicted ones with justice. He will defend the afflicted among the people and save the children of the needy; he will crush the oppressor.”
The President is today in the same position as Pontius Pilate when he had to decide the fate of Jesus Christ. And like Pontius Pilate, he was now presented to us the murderer Barabbas and asked us to make a choice.
But this is not a matter for the popular view. The obligation to administer Justice will remain in the President‘s bossom regardless of the popularity of the view to free Barabbas. And as much as it did not absolve Pontius Pilate that the people choose to crucify Jesus Christ and free Barabbas, it will not absolve the President before Almighty God on the day of his Judgment that the people choose to forgive murderers.
The victims of the politically motivated tribal murders since 1992 are looking up to the President for Justice. He can hear their cries and allow their souls to finally rest in peace. Or he can betray his divine duty, forgive the murderers and thereby kill the victims twice.
The choice is exclusively his.
Paul M. Mwangi
Nairobi
[an abridged version of this article first appeared in the Saturday Nation of October 25th 2008]
it is at this time that leaders are quoting the Bible and Jesus or whoever they consider their spiritual leader on “forgiveness as a virtue”. Who were they quoting while perpetrating the violence? While I agree that the country is still seen to be volatile I feel the discussion is very selfish coming from the suspected perpetrators with no voice of the affected. As we discuss forgiveness, thousands of people are in the graves, leaving their families displaced, emotionally torn and materially with nor providers. Thousands of others are still displaced in their country as others have taken refuge in neighbouring countries. Thousands of women and girls are still suffering the consequences of abuse inflicted on them. Many are facing hunger since their means of livelihood have been depleted; so when we talk forgiveness who is forgiving who?
Go!! Marsgroup, l agree wth u totally. lf Nazis r being sort after till today y shud we let the genecides that have jst happened in the 21st century go without justice?? He must b dreaming
Dear Editor,
As i stated many times those who have commit ed crimes are the ones who favor to disregard the negativity all the reports which points a finger at them and Kibaki is no exception, on any count. The way the election was conducted and speed with which swearing in to the OFFICE was done, should ring many bells as to who was behind inciting the bloodbath after the election.
Perhaps the people of Kenya are so ignorant or afraid to voice their concerns that the regimes have, in the past and present, have ruled through intimidation and power.
It does not matter how many such reports are published it will not make any
difference, as no difference was made by numerous reports that have come out on Economic and political crimes by past and present regimes.
It is a total waste of time and tax payers money.
in the bible we are told to forgive one another and a times we are forced to go against the will the law lets all embrace brotherhood
YOU ARE RIGHT MAN JUSTICE TO ALL..ITS NOT ABOUT KIBAKI’S WELL BEING IN STATE HOUSE AND FORGET ABOUT INNOCENT CITIZEN’S BUTCHERED FOR NOTHING. JUSTICE SHOULD PREVAIL!!!!
President Kibaki, the innocent cry out to you
Emilio Mwai Kibaki, the President of the Republic of Kenya, is Catholic. He learned his catechism, as well as basic literacy, at the hands of Consolata Fathers in Central Kenya. His childhood parish in Othaya is dedicated to the Nativity of Our Lady. The church stands on a hill which Kibaki’s ancestors named Karima – perhaps to mock it for failing to attain the majesty of Mount Kenya yonder.
The President, who turns 77 on November 15, has kept his Catholic faith. In fact, his campaign team in last year’s flawed election cleverly played up his Christian identity by using a popular Catholic tune in radio commercials.
So, it must have come as a shock to many Christians this week when the President appeared to corrupt one of Jesus’ key teachings in an attempt to silence the cry of the victims of the post-election violence.
Speaking on Monday at celebrations to mark Kenyatta Day, a national holiday dedicated to our Independence heroes and heroines, President Kibaki acknowledged that many Kenyans desire justice for past injustices.
“But,” he went on, “let us also keep in mind that although the truth will set us free, justice must be tempered with forgiveness for reconciliation to take root. Let us, therefore, prepare as a nation to consider restitution and forgiveness as complementing truth and justice in order to give our nation a fresh start.”
But the Gospel passage implied by the President, John 8: 31-32, is categorical. Jesus tells his followers: “If you remain in my word, you will truly be my disciples, and you will know the truth, and the truth will set you free.” In another place, Jesus declares that he is, in fact, the truth.
Our bleeding and traumatized nation needs the truth to set us free, Your Excellency. Kenyans who lost their loved ones, lost everything they owned and now live as paupers, struggling with physical and emotional wounds, need at the very least to know who was behind it all.
Yes, we need forgiveness, but what does forgiveness mean to those bleeding and destitute? Forgiveness must be based on the truth. Someone must accept responsibility. And then we can try to plead with the victims that forgiving is far better for them and for the nation than merely punishing the perpetrators.
Senior politicians, state officials and the security services have been indicted by the Commission of Inquiry into the Post-Election Violence, the so-called Waki Commission. This is not news. Media reports and investigations by international human rights organizations, and our own public-funded Kenya National Commission on Human Rights, reached the same conclusions months ago.
Failure to hold the powerful to account creates impunity, which is responsible for many of our historical injustices. Impunity has also eroded faith in public institutions, bred ‘mob justice’ and the desire for revenge. Bringing the ‘big fish’ to justice has political consequences. But there is no alternative if we want true national healing.
Mr. President, God does not take lightly the shedding of innocent blood, or the intentional destitution of his children. He has given you the chance to deliver justice to the innocent poor: the widow, the orphan and the dispossessed. You have been a political leader for long. At nearly 80, you now face the ultimate test of the real purpose of politics.
Here’s your opportunity to rise above the expediencies and clever schemes of cutthroat politics to put this nation on the path of true healing. You cannot run away from this. It goes beyond statesmanship. It is about what you will tell God when you shall soon face His judgment. Think about it, carefully. I pray for you, dear Mr. President.
Henry Makori is the editor of CISA.
The first and foremost people to be brought to book should be the President himself, The Chief Justice who rushed to swear the President, ECK Chairman and his Commission, PNU politicians, the VP Mr. Musyoka, the leader of Chinkororo Mr. Simeon Nyachae, and all those who attended the swearing in ceremony of Mr. Kibaki. Were it not for these people Kenya would have been a very peaceful country. We all know what happened and because of impunity, Kenyans decided to topple Kibaki the legal way(Elections). But those who were afraid of prosecutions and who wanted to rule as though the country belongs to non other than them, decided that the winner should and must be who they feel will serve their purpose politically and racially. Were it not for Mr. President(not really) Kenya would have been a country of happiness, peace, love and unity. Blame no other than Mr. President and his PNU thugs who went around beating people during the campaign, sending the APs to the opposition strongholds, dishing out taxpayers money to voters as if the money belonged to them. Today we can see most of the ODM Cabinet Ministers doing their jobs superbly while the PNU ones having happy times in their limos and offices. Mr. Annan act on the President first and the rest will follow.