Retired President Moi has warned that the Truth Justice and Reconciliation Commission could divide the country.He further argues that “Kenya is not South Africa, and the public may be unable to handle the fallout from divisive issues of land and past skirmishes,”

This is just one among the many arguments put for or against the formation of the TJRC as compared to the Local special tribunal and vise versa.

Okay,some strongly claim justice can only be achieved through the Hague route,this term Justice is being too complex to be understood by many,for example the dwell on Restorative justice and Retributive justice,they forget Justice as a whole cannot be conclusively achieved if all its four aspects are not taken into account.

I stood against the Hague because there is no way on earth Retributive justice can heal a nation,believe me you it will just open new enemy patterns and this is dangerous in a country that is plunged with a very high level of economic inequality (this is mostly the catalyst to major conflicts).
Even the Special courts would have been a better bet than the Hague if only our legislators had agreed to amend the clauses that encouraged Impunity in the Executive.

So what?

Do we need Retributive justice,Restorative justice,Procedural justice or Distributive justice?

I would say If you have been wronged, consider carefully what kind of justice you are really seeking.

If you are the wrong-doer and others are seeking justice against you, seek first to ensure distributive justice.

A question may be asked why people are put in prison. If it is to prevent them re-offending, then it is restorative justice. If it is to punish them, then it is retributive justice. Sadly, this has proven a poor method of prevention of injustices because it is not clear what role it plays.

At the end of the day,we Kenyans are to blame,the law is there,we knew the law had been broken and we accepted the status quo,in Signing the National accord,Raila or Kibaki never signed it for Duncan Mikae or you,they signed it to reach a compromise,this accord was a law made to cover a breaking of a another Law (stolen elections),I don’t say this was bad because at the end of the day it was the most honourable thing they did because it saved lives,so my point is we accepted to have the two principles and we also accepted to live together.

That was then,so if anyone comes up now and wants to convict a post poll violence financier or whoever,this person is not relevant in my eyes,to me it seems he or she wants to overwrite the National accord and assume that Kenya was a peaceful state or he or she wants to break down the government because it is only after we accept that the Kibaki presidency is an illegal one and the coalition government an extra unwanted government that we can now stand up to prosecute reprimand and do anything with the “so called” post election architects.

To me Kenya needs Reconciliation efforts that are geared towards reducing or killing of the hatred that we saw in 2007/2008,I don’t see why the TJRC mandate should be changed to give TJRC prosecutorial powers or any other powers that can make it another court or police department,we also don’t need the Hague or the special tribunal,we ONLY need KENYA.