STATEMENT BY RIFT VALLEY LEADERS ON TRANSITIONAL JUSTICE, INTERNATIONAL CRIMINAL COURT JUSTICE AND GENERAL ELECTIONS

Today Rift Valley is living in one of the most challenging times of its history necessitating that we come together, as we have, to share personal experiences, appreciate and help each other, recognize special opportunities, bear witness and seek to be understood. This way we get to confront our challenges, seek opportunities and chart devises for solutions for the region and the country at large. We do this with the sharp conscientiousness that Rift Valley is richer than most parts of the country from the wealth of its diverse people and cultures.

This meeting was convened by our leaders in various fields namely political, commercial and social spheres. It has the good foundation in the words of our Nation’s Constitution which provides that we be “proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation.”

Rift Valley like other parts of our country faces a myriad of issues that necessitate consultations. Today we have discussed three issues touching on transitional justice, international criminal court process and the next general elections.

1. The Truth Justice and Reconciliation Commission (TJRC)

The Rift Valley has suffered immense historical injustices significant of which relate to land. The community also suffered immense loss of lives and property as a result of successive violence including the Post elections violence of 2007/2008.

As the Rift Valley we are very concerned about the ongoing process at TJRC because of lack of representation of the interests of Rift Valley region and the community at large. Both the Constitution of Kenya and the TJRC Act emphasises the need for regional balance in the composition of the Commission. We are perturbed by the manner in which the TJRC Commissioners have orchestrated the exclusion of Ambassador Bethuel Kiplagat from the process and the report writing thus denying the people of Rift Valley a voice and representation in the commission. Indeed, by posing as though they are the appointing authority, the commission and commissioners have abrogated themselves powers only preserved for Parliament and the Executive, and even in disregard of court’s unequivocal observations.

Going by the manner in which Amb. Kiplagat is treated, the Rift Valley has been placed in a situation of justified fear that the commission does not mean well for its people. Many of the persons summoned are from the Kalenjin community yet adequate time was not allocated to hearing their complains.

We in Rift Valley maintain a demand that Amb. Kiplagat be reinstated unconditionally to any outstanding proceedings and be involved in the process of writing the Commission’s report.

2. International Criminal Court’s Process and the Cases against William Ruto and Joshua Arap Sang as members of Rift Valley Community.

(i) As a community we would like to reiterate our firm support for any process that is geared towards justice and truth. We genuinely believe that an International Criminal Court’s (ICC) process conducted in good faith in accordance with the Rome Statute would achieve the ends of justice.

(ii) Rift Valley remains disappointed that the proceedings conducted at ICC so far have culminated in a decision to confirm charges against persons from the Kalenjin community in the Rift Valley, despite strong evidence otherwise. It is noted from ICC public documents especially the document containing charges see paragraphs 24,pqge 8,paragraph 25,page 8,paragraph 44,page 13,paragraph 56,page 15,paragraph 96,page 24,paragraph 105 and 106 ,page 26 and 27 and paragraph 123, page 32, the ruling giving permission to Prosecutor to investigate Kenya see paragraph 87,page 48,paragraph 16,page 9,paragaraph 32,page 17,paragraph 40,page 22,parargraph 42,pag 23,paragraph 43 and 44 page 25,paragraph 46,page 25-26,and paragraph 47,48 and 49 ,page 26, the ruling summoning Kenyans to ICC, the ruling confirming charges against Kenyans see paragraph 120,121,122 and 128 pages 44,45,46 and 69 paragraph 184,page 70 and paragraph 33 page 124 to 125, and all other documents from the court itself and from the prosecution, that the counts, charges and particulars are all formatted to hold out the position that Kalenjins are by nature pre-disposed to war, and that all and every Kalenjin elder and youth, athletes and business people, its cultural ,political and religious leaders, its traditions, customs and structures are condemned as being criminal. We are also surprised that its honoured members who testified were treated with intense suspicion.

(iii) Many people remain persuaded that the ICC case was framed .Rift Valley is very concerned that there is an attempt within and outside Kenya to use the Hague proceedings to criminalize some communities one being Kalenjin. The Community feels maligned considering that Kalenjin Professionals, Kalenjin athletes, Kalenjin elders have been deemed murderers, and prosecutors, within Kalenjin religious leaders being treated as having presided over oathing ceremonies, administering dog-blood and other sacrileges to facilitate zeal to violence by community members. The Hague process has been marketed as a fair process yet there is justified fear that it is targeting all structures of governance of the community. Rift Valley supports efforts towards justice but wants to urge that the structures being targeted is an insult. Rift Valley is proud of its elders, athletes, business people, professionals and religious, cultural and political leaders. Rift Valley condemns any effort to try and malign them.

(iv) We remain interests in justice and pray that the judges and even the prosecutor will see the truth and justice in the whole case.

(v) The people of Rift Valley will do all it can to support any process that honestly craves for justice including supplying oral and documentary evidence.

(vi) In the meantime, and given that attempts have been made in some quarters within and outside Kenya to use the ICC process to define Kenyan politics, we in Rift Valley hereby resolve to instruct our members of Parliament as our representatives to move a motion in Parliament, and to lobby and mobilise Kenyans towards a resolve by the legislature ,to ask the executive to present Petition to Security Council asking that Kenyan ICC cases be suspended for twelve(12) months so as to allow for free conduct of elections in an environment that is and fair. Considering that the region bore the brand of the 2007/2008 violence the resolve to petition the government of Kenya to apply to the Security Council under Article 16 of the Rome Statute and Chapter VII of the United Nations Charter is understandable.

The Petition will assist extinguish any perception that the ICC process is being used to eliminate or hamper some candidates from participating in the contest of local and national leadership.

3. The Rift Valley Involvement in the next general elections

Clearly the challenges facing the Rift Valley are rooted in political machinations and designs. It is therefore necessary for Rift Valley to endeavour for a political solution. In the last general elections Rift Valley supported a political party which although promised to be in the forefront in fighting communities interest has unfortunately been acting in the complete inverse, and very least on other issues in disregard of its pledges to the people.
As part of Kenyan Community we in Rift Valley wish to be part of progressive and people centered political groupings. We would like to be part of a political movement that has the best interest of the whole nation and the Kenyan people at heart. We would like to take our democratic duties seriously and participate in future leadership instead of sitting back only to complain later. We also claim our unqualified right to freedom of association. We have therefore resolved to unite and support a political party which accommodates all Kenyans regardless of race, ethnic and gender affiliations with a vision for social and economic prosperity for all, including the youth, the old, the women and the disabled. We have decided as Rift Valley to support the United Republican Party (URP) as the best party to address the concerns of all Kenyans and to foster the cause of the party with a view to obtaining a nationwide appeal and support. We also ask our leaders in the URP, under the captainship of Hon. W. Ruto to be available for consultation and to build alliance with other likeminded parties that mean well for Kenyans, and always within the law.