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Feb Issue Final PUBLISHED BY MEDIA DEVELOPMENT ASSOCIATION FEBRUARY 2008 NEWSLETTER Your Free Copy Issue NO. 02.08 Truth, Justice and Reconciliation Commission Is it a timely and important intervention for Kenya? SHOULD THE WATCHDOG BITE? Kenya Media on the Line WHICH WAY THE 10TH PARLIAMENT POLITICAL SETTLEMENT MUST GO BEYOND POWER SHARING Konrad Kindly supported by: Adenauer Stiftung ABOUT THE MEDIA DEVELOPMENT ASSOCIATION he Media Development discuss development journalists; Association (MDA) is an issues and their link to Talumnus of graduates of journalism; · Reinforcing the values of University of Nairobi's School peace, democracy and of Journalism. It was formed in · Carrying out research freedom in society 1994 to provide journalists with on issues relevant to through the press; a forum for exchanging ideas on journalism; how best to safeguard the · Upholding the ideals of a integrity of their profession and · Organizing tours and free press. excursions in and to facilitate the training of Activities of MDA include: media practitioners who play an outside Kenya to widen journalists' knowledge · Advocacy and lobbying; increasingly crucial role in of their operating shaping the destiny of the environment; · Promoting journalism country. exchange programmes; · Publishing magazines for The MDA is dedicated to journalists, and any other · Hosting dinner talks; helping communicators come publications that are to terms with the issues that r e l e v a n t t o t h e · Lobbying for support of affect their profession and to promotion of quality journalism training respond to them as a group. The journalism; institutions; members believe in their ability to positively influence the · Encouraging and assist · Initiating the setting up conduct and thinking of their m e m b e r s t o j o i n of a Media Centre which colleagues. journalists' associations will host research and l o c a l l y a n d recreation facilities; The MDA aims at: internationally; · B r i n g i n g t o g e t h e r · Wo r k i n g f o r t h e journalists to entrench · C re a t i n g a fo r u m development of a news friendship and increase through which visiting network; professional cohesion; journalists from other countries can interact · Providing incentives in · Providing a forum with their Kenyan terms of awards to t h r o u g h w h i c h counterparts; outstanding journalists journalists can discuss and journalism students; the problems they face · Helping to promote in their world and find journalism in rural areas · I nv i t i n g re n ow n e d ways of solving them; particularly through the journalists and other training of rural-based speakers to Kenya; · Organising exhibitions correspondents; in journalism-related · Networking and liking a r e a s s u c h a s · Advancing the training of u p w i t h o t h e r photography; journalists in specialised j o u r n a l i s t s ' areas of communication; organisations locally and · Organising seminars, abroad. - workshops, lectures and · Create a resource other activities to centre for use by KatibaNews FEB 2008 This newsletter is meant to: 1 Give critical analysis of democracy and governance issues in Kenya. THIS MONTH FEB 2008 2 Inform and educate readers on the ongoing Constitution Review Process. KatibaNews is published by Media Development Association (MDA). This publication has been made possible with the kind support of the Konrad Adenauer Stiftung (KAS) in Kenya. MDA is not-for-profit organisation registered under the Societies Act. Managing Editor Stephen Ndegwa Associate Editors Susan Kasera Patrick Mwangi Henry Owuor Office Assistant Contents Monica Muthoni 3 Truth, Justice and Reconciliation Commission Photography MDA Library Art Direction & Design Khafre Graphics 6 Should the watchdog bite? KatibaNews is published monthly and is distributed free to all media houses, civil society organisations, and the public. All are welcomed to send their observations 9 The 10th Parliament? on the constitutional review process to be the Editorial Board. Views expressed in this newsletter do not necessarily reflect those of MDA, KAS or partners. Reprinting of materials permitted provided the source is acknowledged. 12 Political settlement All Correspondence to: The Editor Katiba News P.O. Box 64254-00620 Tel. 020 2098548 Cell: 0724 376883 Nairobi, Kenya Email: [email protected] 1 KatibaNews FEB 2008 EDITORIAL OF PLAYING RUSSIAN ROULETTE AND BITING THE BULLET ince the country gained independence from the neighbours. Like the proverbial thorn birds, we have British colonialists 44 years ago, Kenyans have been foolishly tempting fate. Sbeen living a very big lie! But hold on before you accuse me of making a blatant statement. The time for laying down and addressing the socio- economic and political baggage that we have carried as Going by what has happened in this country over the a nation in the last 40 plus years has come. It is going to last two months, you do not need to be a student of be a painful experience for all Kenyans as we search history to know that Kenya will now have to undergo a our souls and try to get back on our feet again. Yes, it is complete paradigm shift as far as democracy and going to be business unusual! governance is concerned. Although those of us who were born after independence are given accounts of In our second edition this year we start with the times in our history when the country nearly went increasing calls for the establishment of a Truth, Justice over the precipice, I believe past events do not come and Reconciliation Commission. That this is an close to what happened after the announcement of undertaking whose time has come needs not be the presidential results towards the tail end of 2007. overemphasised. As they say, those who do not learn from history are bound to repeat it. For years, Kenyans have been in denial about their true identity. Each and every Kenyan has been going on like Secondly, we take a look at the role, if any, the media he or she owns the place, oblivious to the fact that we played in sparking off and escalating the post election all carry ethnic tags in our names, language, culture, violence both just before and after the elections. My education and economic class. Innocently or obviously unpopular view is that the media, both print otherwise, we have for long branded each other with and electronic, have a case to answer to the people of jabs such as thieves, vagabonds, spendthrifts and Kenya. morally decadent depending on which tribe one is In our third analysis we give ask ourselves whether it is describing. going to be business as usual in the yet to be opened th Gradually, we have been sowing the seeds of conflict 10 Parliament or whether we expect a new direction with each other either as groups or individuals. But given our current circumstances. what we did not realise all this time is that we have Lastly, we go beyond the buzz of power sharing as a been dicing with death. And the one shot, the political solution between the PNU/ODM-K deadly ethnic shot, finally got fired on December Government and opposition ODM. Is it all about who 30th last year. will yield the big stick or are our politicians thinking of As we now bite the bullet, we have become a the 33 million inhabitants who walk on this our land nation of bleeding hearts and souls. We have been and nation? Your guess is as good as mine… playing a game whose grave consequences are so Stephen Ndegwa evident in the sorry state of most of our Managing Editor - 2 KatibaNews FEB 2008 Truth, Justice and Reconciliation Commission Is it a timely and important intervention for Kenya? By Antointette Mulama econciliation and Justice are Indeed in 2003, the Government set almost twin notions. It is argued up a Task Force to examine the Rthat the search for peaceful q u e s t i o n a n d m a k e coexistence, trust, empathy and recommendations. The Task Force democratic power sharing demands recommended formation of such a that “justice be done”. Many Commission. However, the Task proponents in the West argue that Force's recommendation to establish “there is no peace and no reconciliation t h e C o m m i s s i o n w a s n o t without punitive justice”. Sceptics, implemented. In the aftermath of the however, have raised four objections to post December 2007 general the use of trials and criminal election violence in which there were prosecutions in dealing with a violent gross human rights violations of the past claiming: rights to life and property, the need to (a) It is affected by the current political establish the Commission has come climate. to the fore. (b) It ignores and sidelines victims. (c) Material obstacles may hinder the T h e e s t a b l i s h m e n t o f t h e delivery of justice. Commission is just one component (d) Trials have the potential to thwart of transitional justice. Transitional the reconciliation process. justice embodies an attempt to build sustainable peace after conflict, mass There have been debates in the past on violence or systemic human rights the need to establish a Truth, Justice and abuse. It involves prosecuting Hon. Martha Karua Reconciliation Commission in Kenya. perpetrators, revealing the truth Minister for Justice & Constitutional Affairs about past crimes, providing victims with reparations, reforming abusive i n s t i t u t i o n s a n d p r o m o t i n g non state actors in a defined part of The establishment of the reconciliation.
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