ICC and the Stability of Kenya



One of the purposes of jurisprudence is to promote justice and therefore peace. It is therefore ironic that a recent article (Kenya urged to boost witnesses’ security ahead of ICC verdict by Bernard Namunane, in The Daily Nation of Tuesday, January 10, 2012) reported that The Africa Crisis Group, described as an international lobby, had warned that the ruling, expected in less than 10 days, “will see fresh political alliances emerge and stir animosities just a few months to the next election.” If so, this is a tragedy for Kenya.

Peace-loving Kenyans would have hoped that the ICC process would bring healing and closure to a painful chapter in Kenya’s history. Alas, this will not happen precisely because the ICC allowed itself to be used by powerful forces beyond the shores of Kenya. As most informed Kenyans will attest, the individuals who designed and implemented every detail of the violence of 2007-2008 are still walking free in Kenya. ICC did not include them on the list of the accused not because ICC did not have sufficient cause to bring charges, but because ICC was specifically instructed to leave certain names out. Accordingly, anything that the ICC does, a ruling on whether charges should be brought for the six individuals, will constitute a miscarriage of justice and a travesty, a cruel joke on Kenyans as ICC seeks to create a “balance” in Kenya’s political landscape. If indeed there is a rise in animosities or tension, the culprit for this turn of events will be the ICC and not Kenyans. The ICC has effectively denied Kenyans closure on the 2007-2008 post elections practically on the eve of our next elections.



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