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{
    "id": 591031,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/591031/?format=api",
    "text_counter": 97,
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    "content": "its findings together with its recommendations to the President who was then the appointing authority and to the Panel of Eminent Persons. On 16th October, 2008, the Chairman and the Commissioners transmitted the final Report and recommendations to the President. The Report, its findings and recommendations were tabled in Parliament on 4th December, 2008. The recommendations contained in the Report were to be implemented with the full co-operation of Parliament. The Report recommended, among other things, that a special tribunal be established as a court to seek accountability against persons perceived to bear the greatest responsibility by carrying out investigations, prosecution and adjudication of such crimes. The Report further recommended that in the event that the recommendation with regard to the establishment of a tribunal was not implemented, the Report was to be forwarded to the prosecutor of the International Criminal Court (ICC) to analyse the seriousness of the information received with a view to proceeding with an investigation and prosecution of suspects. The Report further recommended that the investigations to be carried out must be independent. That is contained in Paragraph 12 of the recommendations. The materials and witness statements, together with the testimony collected or recorded by the Commission, were to be reference materials. So, the tribunal or any other body was expected to carry out investigations independent of the Waki Commission. In the last one month, many stories have emerged pointing out the fact that there were key players who, by their own admission, procured and compromised witnesses who testified before the Waki Commission, the Kriegler Commission and the Kenya National Commission on Human Rights (KNCHR). It is alleged that in early 2008, there were two distinct political camps fighting for political supremacy and seeking to emerge victors in the contest. It has been strongly suggested by Members of this House and senior politicians outside this House that the Commission of Inquiry into the Post-Election Violence (CIPEV) may have been duped to admit fake witnesses and evidence to recommend innocent persons for prosecution, both locally and internationally. It is alleged that the Orange Democratic Movement (ODM) and the Party of National Unity (PNU) manufactured evidence and witnesses to fight their local political contests. Senior political personalities have challenged and incriminated each other in the fabrication of false evidence and procurement of witnesses that were used by the Waki Commission, the Kriegler Commission and KNCHR. It is even suggested that those witnesses were sent to the ICC. It has been admitted by politicians from both divides, who were then contesting. I was a serious member of ODM. Hon. Jakoyo Midiwo knows that I was a major supporter of the ODM Party leader. It has been admitted that ODM and PNU created false evidence and witnesses in their quest to defeat each other politically after the 2007 contested general elections. The narrative that is being espoused is that the false and fake evidence was intended for local political consumption, and not for institutions of criminal cases. We have seen politicians, including people who have been ambassadors for this country - like former Ambassador Mr. Stephen Tarus - who is a former Member of Parliament, admitting to having procured witnesses. Mr. Tarus has admitted that he procured witnesses. Hon. Moses Kuria in 2011, in K24 live interview---"
}