The People
in Columnists, Opinion, Stephen Ndegwa
October 12, 2013
It is that serious! Kenya’s Deputy President William Ruto is
expected to have touched down in Nairobi by now to hold the fort for
President Uhuru Kenyatta while in Addis Ababa, Ethiopia for an
extraordinary meeting of the African Union (AU). Well, Ruto has had to
shuttle between The Hague and Nairobi a couple of times since the start
of his trial to take care of State business. This is an ordeal that we
must not let the Head of State go through under any circumstances.
The AU Extraordinary Summit currently underway in Addis seeks to discuss further Africa’s relationship with the now highly maligned and discredited court with the aim of withdrawing from it. According to the sentiments of the majority of the continent’s leaders, The Hague-based International Criminal Court (ICC) has shown its true colours; as a kangaroo court aimed at undermining Africa’s independent-minded leaders.
The development had to start somewhere and the crimes against humanity facing the two Kenyan principals was it. Of course, Kenyan politicians are mainly to blame for the current predicament. During debate in the last Parliament on whether to try suspects of the 2007/08 post- election violence in Kenya or at The Hague, majority shouted that we should not be vague!
The thinking, then, was that the violence was not that grave to warrant handling by the ICC. We perceived the international crimes court as a place for perpetrators of massive genocide. Having been used to electoral violence after every five years of multiparty polls in the country, we thought the United Nations appointed mediator, Kofi Annan, was just scaring our leaders. Alas!
The joke subsequently turned into a nightmare which we are now trying hard to snap from. Justice must be meted out to the people who “perpetrated” the 2007/08 violence after losing the election. And here I stress the word because it is ludicrous to take someone to court for defending him or herself. Surely, the initial victims of the violence could not have simply sat down and waited to be decimated.
Retaliation was the only way to survive and protect both themselves and kin from genocide. Secondly, the two, or three people in the dock at the ICC are really not the only ones who should be facing the judges. I asked again when writing on this issue, where is the so called Waki list? We know that the violence, especially for the planners, was a really intricate affair that started from the top to bottom with many active players.
Honestly, some forces got a brainwave and saw a godsend opportunity to fix their political nemesis. If you look at the case against Ruto so far, ICC Prosecutor Ms Fatou Bensouda is getting desperate by the day. For instance, the saga being played out about interference of witnesses is being used to mask the gaping loopholes of poor evidence.
If the conflicting evidence we have heard from the two witnesses who have given their testimony is anything to go by, this case is a sham. It does not take a legal expert to discern the emerging scenario at The Hague. It has emerged that the court is really not acting in the best interests of the continent and her people but is executing its unspoken mandate of manipulating the continent’s leadership.
But even as we finally decide to call it quits, we must examine ourselves and be true to our failings. Walking out of the ICC should not be used as an opportunity for despots to perpetuate mayhem. There must be a replacement with an equally strong court like the ICC, albeit one that is homegrown. We have come of age to manage our own affairs both materially and in terms of expertise. Viva Africa! - By STEPHEN NDEGWA
The writer is a communication and policy analyst. simplyputcol@gmail.com
The AU Extraordinary Summit currently underway in Addis seeks to discuss further Africa’s relationship with the now highly maligned and discredited court with the aim of withdrawing from it. According to the sentiments of the majority of the continent’s leaders, The Hague-based International Criminal Court (ICC) has shown its true colours; as a kangaroo court aimed at undermining Africa’s independent-minded leaders.
The development had to start somewhere and the crimes against humanity facing the two Kenyan principals was it. Of course, Kenyan politicians are mainly to blame for the current predicament. During debate in the last Parliament on whether to try suspects of the 2007/08 post- election violence in Kenya or at The Hague, majority shouted that we should not be vague!
The thinking, then, was that the violence was not that grave to warrant handling by the ICC. We perceived the international crimes court as a place for perpetrators of massive genocide. Having been used to electoral violence after every five years of multiparty polls in the country, we thought the United Nations appointed mediator, Kofi Annan, was just scaring our leaders. Alas!
The joke subsequently turned into a nightmare which we are now trying hard to snap from. Justice must be meted out to the people who “perpetrated” the 2007/08 violence after losing the election. And here I stress the word because it is ludicrous to take someone to court for defending him or herself. Surely, the initial victims of the violence could not have simply sat down and waited to be decimated.
Retaliation was the only way to survive and protect both themselves and kin from genocide. Secondly, the two, or three people in the dock at the ICC are really not the only ones who should be facing the judges. I asked again when writing on this issue, where is the so called Waki list? We know that the violence, especially for the planners, was a really intricate affair that started from the top to bottom with many active players.
Honestly, some forces got a brainwave and saw a godsend opportunity to fix their political nemesis. If you look at the case against Ruto so far, ICC Prosecutor Ms Fatou Bensouda is getting desperate by the day. For instance, the saga being played out about interference of witnesses is being used to mask the gaping loopholes of poor evidence.
If the conflicting evidence we have heard from the two witnesses who have given their testimony is anything to go by, this case is a sham. It does not take a legal expert to discern the emerging scenario at The Hague. It has emerged that the court is really not acting in the best interests of the continent and her people but is executing its unspoken mandate of manipulating the continent’s leadership.
But even as we finally decide to call it quits, we must examine ourselves and be true to our failings. Walking out of the ICC should not be used as an opportunity for despots to perpetuate mayhem. There must be a replacement with an equally strong court like the ICC, albeit one that is homegrown. We have come of age to manage our own affairs both materially and in terms of expertise. Viva Africa! - By STEPHEN NDEGWA
The writer is a communication and policy analyst. simplyputcol@gmail.com
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