UN security council must stop the ICC Kenya case, it’s an Injustice

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The UN Security Council, The ICC President and the International community should find that there exists a reasonable cause to warrant an urgent review of the Kenyan ICC case.

Kenya’s UN ambassador Mr. Macharia Kamau in typical Kenyan spirit and quest for Justice passionately requested the UN Security Council to urgently dispense justice by petitioning ICC to terminate charges against the three.  His action is a reflection of shared feelings by the Majority of Kenyans. His actions just like mine are inspired by the incomprehensible surreptitious conduct   of the ICC prosecutor in dealing with the Kenya case.

The UN ambassador did not require urging from State house to conceptualize the impact of this process on the general welfare of the peoples of Kenya. The results of the 2013 Kenya general elections speak volumes about how Kenyans now view the ICC.

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Bensouda’s predecessor Moreno Ocampo failed to independently investigate the Kenyan case, his unethical dependence on illicit evidence from unscrupulous individuals helped build his case on conjecture and dysfunctional justice methods. The prosecutor relied on speculation by coached witnesses and subsequently birthed a well-choreographed conspiracy that is currently falling apart.

Bensouda has been at pains to try salvage the fast disintegrating case, she has denied the presence of liars and coached witness lined to give false evidence against the Kenyans, regretfully it is in record that false evidence and lies have already formed the backbone of the prosecution’s case. She obtained confirmation of the charges using some witnesses that lied and bolted before they could be cross examined by the defense, the famed witness #4 is just an example.

Shifting the burden of responsibility on her crumbling case to the Government of Kenya by demanding minutes of government security meetings while conspicuously avoiding those of ODM; the schemers financiers and executors of the violence is a disingenuous innuendo to buy time, her five years of waffling is a wise method hoping the senior two would make a fatal mistake giving her an excuse to apply for arrest warrants.

While it is true Bensouda must blame someone for the mortally ill case, evidently she can only blame Ocampo and she for starting a case set on quick sand.

No one understands the consequences of these heinous crimes better than Kenyans. We were hurt and traumatized for generations. It’s our children, our fathers and mothers that we witnessed being massacred in the name of politics… It is our mothers, wives, sister, and daughters that were raped and our property destroyed.

Prosecuting the three Kenyans with evidence outsourced from ODM functionaries such as Hassan Omar, Maina Kiai and others is a gross travesty of Justice. This should not be allowed to proceed one more day Longer.  The three Kenyans are not alone before the honorable Judges at ICC, Justice is on trial.

The developments at ICC are further promoting the unenviable charge that the ICC is a political weapon disguised as a court of justice by Neocolonialists to persecute those uncompromising African leaders and rewarding sycophants.

With all the above facts and many more, the UN Security Council and the African Union should move fast and relieve Mr. Kofi Annan off the eminent team member Status for arm-twisting Kenya to appoint a war lord as prime Minister.

The UN Security Council and The ICC President should also urgently constitute a commission of enquiry to be led by independent minded persons of unquestionable integrity, persons of international stature such as Senator John McCain and renowned Diplomat M/s Jendayi Frazer assisted by Britain’s MP for Falkirk Mr. Eric Joyce. This honorable people have a deep understanding of the Kenyan politics and the events of 2007/2008.

Their terms of reference should include;-

Roles of ODM affiliated individuals working in or closely with ICC officials on the Kenyan Case.

A)     Justice Joyce Aluoch,

B)       M/s Betty Murungi; Mrs. James Orengo.

C)      Mr.  Makau Mutua.  ICC mole.

D)      M/s Shamiso Mbizvio, ICC Co-operation adviser for the Kenyan.

E)       M/s Nyongo; daughter of ODM general secretary;

F)      UN special rapporteur Mr. Maina Kiai.

 

Kenyans have repeatedly reiterated that serious crimes against Humanity were committed in 2007/2008 and that the perpetrators should be subjected to a competent justice system.  Our commitment to the rule of law has seen Kenya become a signatory and strong support of the ICC by ratifying a new Constitution that factors the Rome statute.

This commitment should not be abused as is the case by Mr. Ocampo, his successor, and Kofi Anna. It behooves the UN Security to ensure that the sad events of 2007/2008 are investigated to their final conclusion. Bringing in the FBI and the M16 to investigate the criminal constituency of this matter would go a long way in ensuring Justice for the victims and the traumatized accused and their families

By John M Kamau.

 

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