Unfortunately, the TJRC has been heavily discredited by the very stain of its birth; and this stain was not due – as Musila incorrectly alleges – to the selecton of the commissioners, but rather the fact that the main and prevalent motive for the creation of this TJRC was the exact opposite of its purported agenda. Namely, a perpetuation of impunity, and a cover-up of truth. Wananchi have understood this better than academics.

Secondly, it is true that beyond the ICC, a Special Tribunal (presently this look like a hybrid tribunal, finally freed from the dysfunctional fetters of Common Law) cannot put all suspects and all the presumptively involved through a pipeline. Kenya had the Pipeline once, during the last Emergency, and that was enough of a dire lesson. But the argument is too short, because that is a limitation of all criminal justice in general.

Thirdly, no court, no trials and no judicial processes can replace or subtitute diligent historical research, nor the duties and chances of a TJRC. And indeed, the legal venue must not and shall not be seen as a contrary option. Rather, a TJRC would be a much-needed complement to the inborn shortcomings and limitations of the law (although not this specific one).

Fourthly, a “nation” did not call for this TJRC, as Musila alleges. Who called, was a small group of intellectuals, some self-serving and busybodish, ploughing their little demarcated fields and waiting to harvest at last, and some others altruistic and idealist. The nation – Wanjiku – still feels alienated and suspicious. The nation has seen many commissions, and has seen many of them unearth parts and morsels of truth; but in not a single case, has the nation seen credible action and change spring from these efforts.

Fifthly, it is indeed a shame that the reasonable call for truth, justice and reconciliation has become converted into the snorting trumpet sound of impunity. But that is the Kenyan establishment. What is left now as an option, is to bury this mishapen and discredited changeling for good, and to conceive, carry, labour and give birth anew.  Let us hope that the womb is still fertile.