I thought local support for ICC had diminished. I was wrong. In a surprising opinion poll, overwhelming majority of Kenyans rightfully prefer President Uhuru Kenyatta and his deputy William Ruto to have their day in The International Criminal Court (ICC) and respond to charges of crimes against humanity. So far Ruto has honored ICC summon.
In fact, it is in the best interests of Uhuru and Ruto to clear their names for grave accusations they face for the sake of themselves, their families, their friends and Kenyan citizens. Scuttling the process through wrongheaded applications projects the two gentlemen as purveyors of justice.
Take a deferral application at UN Security Council. It was predestined to fail. In fact, it was naïve of Jubilee government to expect US, UK and France to support an application that doesn’t demonstrate justice for the victims of post-election violence including 1,300 people who were massacred in cold blood.
Besides, a deferral is a short term goal. Even if it were granted, one year deferral request would have expired. Then what? Ask for another deferral?
Smart advisors should have explored a long term solution, which is; face the judges and get done over with the cases. Moreover, delinking fellow accused Mr. Joshua Arap Sang from the government process; Uhuru administration exposed itself as a government of the rich, for the rich and by the rich on the detriment of ordinary citizens.
Another misadvised move was African Union (AU) political pronouncement. AU resolution frowned upon the rights of the accused. The accused have a right to be heard. They have their side of the story to tell. But AU was shielding the two from being herd.
Moreover, AU threw the victims of post-election violence under the bus. AU spoke only for the accused but disregarded the victims. Instead, AU should have pitched for a local tribunal to serve justice for the accused and the victims. Besides, AU declaration was a mere political drama. ICC is a judicial process that require judicial approach.
Finally, the bill to withdraw Kenya from Rome Statute was dunderheaded. It put Uhuru administration on war path with ICC. Uhuru and Ruto should have vehemently opposed that Bill.
Whoever initiated and supported that bill was the enemy of Uhuru and Ruto. After all, withdrawing from Rome statue wouldn’t have terminated Kenyan cases at ICC.
Yet, I argued in the past. And I still argue today. It is morally and legally wrong to lead same people you have been accused of having committed crimes against. Granted, the two gentlemen could as well be innocent.
But as long as they are required to answer charges of crimes against humanity, they will remain a “half guilty” until they’re proven innocent. That’s why they should have their day in court, face the judges and tell their side of the story. If they’re acquitted, they will come out stronger.
In sum, AG Githu Muigai, cronies, political and economic advisors grossly misadvised Uhuru and Jubilee government on ICC. Instead of relying on judicial approach, their argument was full of political shenanigans. ICC debate required smart, legal and tough minds not sycophants.
By Jacktone Ambuka. Email: jsambuka@yahoo.com,
