International Criminal Court: The Burden of our Time. President Uhuru Kenyatta should attend the hearings of the case against him at The Hague. The President has asked the court to allow him to carry on his duties in Kenya as the case progresses, or attend the court via video link from here in Nairobi. He has also publicly said if the above is not allowed then he and the Deputy President William Ruto should not be away at the cold city of The Hague at the same time. Now, the court is yet to make a decision on the way forward. Meanwhile Africa Union has been making a case n behalf of the president. Despite some misguided fellows saying Africa Union is promoting impunity the Rome Statute provides for the route adopted by the Continental body. “Article 16 Deferral of investigation or prosecution; No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.” Now what if all the above expectations fail. Depending on who you listen to Uhuru should or should not attend the trials in person if his plans do not fall through. What is in store for Kenya if the President does not avail himself in court? More of that later. Lets compare Kenya and Libya for a moment. Libya and the West never saw an eye for an eye for a long time. Gaddafi was an avowed enemy. He was accused of Lokerbie bombing, a sponsor of terrorism among other ills But after a series of calculations the relationship was restored and by 2008 Gaddaffi was welcomed to “international community” but his mistakes were not forgotten. When the Tunisian revolution was sparked in Tunis in december 2010 no one knew how it would end. It was soon to spread to other nations of the Arab world. In Libya it is instructive to note the so called revolution did not start in Tripoli the capital but in Benghazi an area that was at the border and always considered to be opposition stronghold. It was sparked by foreign interests not some guy burning himself. United States and United Kingdm who for a long time had a grudge with Gaddafi went to UN and with an ambiguous resolution, duped Russia and China, and armed the rebels in Libya. (second duping for Syria was stopped on its tracks by Russia, China is a bored observer in Syria). Gaddafi was removed from power. Nowadays you dont read about Libya from Western Press because the country is in deep deep mud. But what mattered the West had their revenge against Gaddafi. In Kenya , we do not sponsor terrorism but the West has a bone to pick with us. For ten years Kibaki, systematically replaced the West in giving lucrative contracts. The old man never visited Britain save for his transit to United status for United Nations meetings. He only visited London last year for Somalia conference, and it could not be held without Kenyas highest participation anyway. Uhuru has indicated by deed that he intends to go on with Face East policy and also has started Face Africa policy and the West is just there, helpless. If Uhuru goes for ten years that will be 20 years of missed government contracts in a an expanding economy. Not forgetting Ruto is in the wings with his ambitions, further 10 years. That is too big to swallow. The ICC is their last hope. Britain, France and Germany are the biggest funders of ICC. They pay over 70 per cent of ICC budget.He who pays the piper plays the tune. So what is in store if the President fails in his expectations and decides not to go to court. ? The West wants a friendly regime in Nairobi. A president who will be welcoming their ambassadors with both hands not keeping them waiting even for the simple task of presenting their accreditation papers. A friendly president who will give them all the LAPPSET contracts, Railway contracts, Isiolo city contracts, etc etc. Basically A president who will give West companies Vision 2030 contracts at inflated prices with aid money from Bretton Woods institutions. If the President fails to attend Hague this, in my view, is what is likely to happen. The Law of unintended consequences will kick in. Warrant of arrest will be issued. Western Press will be activated. He will be covered with much vigour as a criminal President. He will be vilified and Kenya will suffer the consequences of its President getting cover to cover of bad press in major news outlets in the world, all owned by the West. Our flowers, coffee, tea and anything else we export to western capitals will be shut out. Obama and Cameron will have well orchestrated press conferences to denounce Kenyatta. No, a benghazi kind of revolution wont happen, but Kenyatta will not be easily forgotten like Al Bashir. The plan to oust President Kenyatta will be implemented. A civil society group ( and we have many in this part of the world) will go to court. Our Judges with their civil society minded legal interpretation streak will declare the President is in office illegally (forget what the Constitution says about exhausting all available avenues of appeal before one is removed from office) the judge will expand that to interpret the same Constitution in a way will leave us bewildered. By then the economy will be heaving and puffing, the shilling will be descending. It has been argued that by going to a foreign court for a serving head of state will be the first in the world but it will be a small price to pay. Its common knowledge that Kenyattas case is weak and going from the comedy we are seeing at case 1 then the cases will amount to nothing. An acquittal for both men will give them enough political capital to sustain them in power for 20 years. Mr President avail yourself in court, watch in glee as Fantou Bensouda dances herself lame. Do not give your enemies the rope that will bring you down. It will be a small price to pay but worth it for it is the burden of our time. Via Wanjohi Githae
Posted on: Fri, 18 Oct 2013 08:48:51 +0000
Trending Topics
Recently Viewed Topics
© 2015