Ars Politico Africanae: Draft Kenyan Constitution

In December 2007, Kenya underwent what was arguably its second, “free, democratic, election,” which in this situation I will present as a democratic, multi-party election in which the former effectively-dictator leader, Moi, was not running.

It failed.

Kenya, Africa’s shining star of stability and super economic growth, failed.

The result was months of post-election violence, allegedly instigated by all major political parties, in which inter-tribal tensions were highlighted and used to fuel days of rape, arson, burglary, murder and extra-judicial, vigilante-style attacks.

Kofi Annan steps in and brokers a power-sharing deal in February 2008 between the supposedly re-elected, incumbent candidate, President Kibaki and the supposedly defeated, main opposition leader, Raila Odinga. An investigative committee is formed headed by a man named Waki, and a supposedly objective list of the main instigators of the violence is sent off to the International Criminal Court (ICC) prosecutor Ocampo, in a sealed envelope. Kenya is given until September 2008 to either form an internationally-approved internal judicial process and bring the perpetrators to Kenyan justice, or the ICC would officially begin an investigation based on the initial evidence presented in the Waki report.

Of course, September 2008 passes, and a generally impotent ICC (another story, another time) combined with a generally ineffective Kenyan government, leads to no resolution, and a pushed back date. Kenya now has until October 2008. Kofi Annan smiles away while the wheels of justice that he initiated keep spinning. So do the wheels of the trucks brining more, larger, weaponry to Kenyans living in areas that experienced the most violence. Yet many Kenyans don’t acknowledge it, despite BBC reports and eye-witness accounts. Everyone seems placated, and democracy prevails.

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