Amnesty within the context of the 2007 post-election violence in Kenya: Is it a prescription for sustainable justice and peace?

Abstract

I have watched television and read newspapers with dismay. Just when I 
 thought politicians had stopped their bad manners, they are at it again. This 
 time they are arguing about amnesty for criminals. Some of them feel one 
 criminal gang deserved amnesty because it is better than the other. They 
 believe their children are better children and therefore should not be 
 criminalized. I wonder why some politicians believe criminals from their 
 communities are lesser wrong doers than those from other communities. 
 This is simply not right! If amnesty is to be given, let it be across the board! 
 Otherwise, let the rule of law prevail and if found guilty, justice should apply 
 to all the Mungikis, the S abaot Land Defense group members and those who 
 destroyed other people's lives during the post-election violence.' 
 1.1 Overview 
 The above quotation captures the political interests that have emerged to define the amnesty 
 debate within the context of the 2007 post-election violence in Kenya. Indeed, on the one 
 hand, there is a group of politicians who have thrown their weight of support behind 
 granting amnesty to the alleged perpetrators of the post-election violence, citing innocence, 
 selectivity in effecting arrests and the alleged disproportionate targeting of some 
 communities, amongst other reasons. However, at the other end of the spectrum of the 
 debate, there is another group of politicians who are totally opposed to granting amnesty to 
 the alleged "criminals", premising their arguments on the enforcement of the rule of law.

University of Nairobi