Can Kenya achieve both Justice and Reconciliation via the Hague Route and trial of the alleged perpetrators of 2007 Post-election Violence?
Could localizing the trials of the alleged perpetrators of 2007 Post-election Violence coupled with a Justice and Truth Commission bring better results?
From the KNCHR List of 219 it is evident that were justice blind certain communities would be more impacted by any avenue of justice. Factor in simmering Land Issues then one gets a potent recipe for upheavals whatever the outcome.
And then there is the issue of whether or not certain functionaries within the now disbanded Election Commission Stole the Election for the incumbent, and plunged the country into chaos as a result?
Can real justice be achieved by separating the violence from causes in 1) Stolen Election (leading to largely spontaneous eruption of violence in some parts of Kenya) 2) Simmering Land Disputes, 3) Opportunistic Political schemes by some politicians Against Opponents endemic opponents, and 4) pure Criminal Acts by looters of Property, 5) Security personnel responding to an Order to use Force, 6) Incendiary Political Utterances.
Targeted Justice Equation must balance the Violence with the Cause and Reconciliation: sometimes regionalize the justice and mix it with reconciliation efforts (Rift Valley); other times treat it as a political election offence that must be accompanied by disbarment from any political activity for life (there were people dead even before election day—their deaths have to be resolved and kin assuaged); Security forces have their order and command structures and discipline—let them take their responsibility; Political parties must put their houses in order—it does not serve their purpose that they field historically corrupt criminal elements for contests.
Let the Hague fry the big Fish if they reach there.