Kenya's Chief Justice Dr. Willy Mutunga visited his arch foe former president Daniel arap Moi recently. This drew a lot of ire and tirade that Mutunga was doing a very nasty thing. Some of Kenya's bills have the image of Moi. Can Mutunga's accusers boycott these bills simply because they have Moi's face? If you think you don't need Moi's face, go to the parliament and vote against using these bills.
Sadly though, people whose cases against Moi are before the court rushed out accusing Mutunga of compromising justice. They wrongly think Mutunga is betraying them. How if he is not the only one to look into the matter? Does this hold water legally?
Mutunga has said categorically that he is the CJ of all Kenyans. Moi is a Kenyan senior citizen who needs to be taught what justice is and how it works. Even if his legacy and past deeds are tainted and stinking, still Moi has the right just like any Kenyan to meet his Chief Justice. Mutunga and other activists were jailed, tortured and exiled by Moi's regime. How do we erase this? Should we embark on retributive justice or reconciliation and starting afresh?
Mutunga's visit to Moi, apart from being a lesson to Moi and others alike, is a blow to injustice and power winos. Those interested in Transitional Justice, will agree that Kenya needs healing. Healing cannot be attained by vengeance and fear of each other but by taking such bold steps. You must encounter or face your enemy and tell him that what he did is wrong, forgive or prosecute him. Dr. Mutunga's meeting with Moi is a first step to reconciliation and healing for the nation and individuals.
First of all, Moi, just like any Kenyan citizen, has the right to have audience with his CJ to air his views. This if anything is a challenge to Mutunga, Moi and Kenyans so to speak. How do we reconcile the country without finding the middle ground?
The big lesson this take has is the fact that power belongs to the people; not rulers. Mutunga who used to be a fugitive is now honourable person Moi can entertain and talk to. What a precedent!
Again, Moi did not rule Kenya alone. Even those in power today were with him at one time. PM Raila Odinga was once jailed by Moi. But again, he teamed up with him to topple his regime democratically. Kaunda says: ‘talk to your enemy to know how he regards you.’
By introducing a new constitution, Kenyans aimed at forging ahead. How will they do so if Kenyans do not have equal rights? I think if it convinces Kenyans, they should prosecute Moi for atrocities committed under his watch or forgive him. Moi too needs to be congratulated for humility and taking a bold step to accept defeat.
When Nelson Mandela met with Fredrick De Klerk (former Head of Apartheid South Africa) those who did not get it had their tongues wagging. Futuristic leaders see things others do not see.
Who knows? Mutunga's mission can be studying what Moi thinks of a new judiciary especially if there are plans to bring him or his accomplices to justice. Bravo Dr. Mutunga for taking such unique and bold step to reconcile Kenyans.
Source: The African Executive Magazine October 5, 2011.
No comments:
Post a Comment