The headline in one Daily Newspaper in Kenya reads, "Kenya Wins Round 1". This is after the AU Ministers meeting in Addis voted in favour of Kenya’s quest to defer the ICC prosecutions for the six individuals who have been named as bearing the greatest responsibility in the post election violence that rocked the nation after the bungled 2007 presidential elections. This is a not so correct headline considering this has been as a result of the efforts of one side of the ruling coalition. The question that all Kenyans should be asking is what did we win? As far as I am concerned the win was only for the six and the headline should thus have read “Ocampo Six Win Round 1” or better still “Impunity in Kenya Wins Round 1”.
The VP of Kenya has for the past few weeks engaged in shuttle diplomacy flying from one end of the continent to the other lobbying for support on the ICC issue. However at no time have Kenyans citizens been asked of their opinion on the matter. The civil society and other human rights bodies have been left out yet these are the people who have always fought for the rights of the local wanainchi. Again I ask what have we as Kenyans won in this whole matter. I am well aware that although the AU Ministers have supported Kenya’s bid, this does not mean that the ICC process will be deferred as Kenya wishes; however there is a lot to read from this putting in mind the Ivory Coast standoff, the protests that have rocked Tunisia leading to the President fleeing the nation, the protests in Egypt and many other crimes against the citizens of a good number of African countries by the very people who are meant to protect them. In Kenya extra-judicial killings continued unabated, IDPs are still in camps and Kenyans suspected of involvement in terrorism are extradited to other countries for trial there when the same could be done locally. All these lead to the fact that few Kenyan leaders and African leaders as a whole are concerned about fighting impunity and injustices in the society, they are more concerned about amassing wealth and about their own political survival. This is why I feel there has been no win for the Kenyans of goodwill in this ICC issue.
Kenya seeks deferral of the ICC cases on the basis that the new constitution offers the nation a chance to prosecute the PEV masterminds. The argument is that with the constitution calling for an overhaul of the judiciary, the nation is better placed to handle the cases. The proponents further argue they will push for a local tribunal that will try the PEV cases. Others have argued that the ICC trials will divide the nation further hence the need for a locally driven process. However bearing in mind the divisions in the political elite in Kenya and the culture of politics in Kenya where everyone seeks to protect their own, setting up a local tribunal and the legislation to govern its operations will be an insurmountable mountain.
We have seen it from the recent nominations of the AG, CJ and Public prosecutor that the political elite will not agree on anything and that one part of the coalition feels more superior to the other. So how sure are we that they will agree on who to nominate to the local tribunal? So my fellow Kenyans, it is upon us to come out strongly and oppose what we feel is against the principles of justice and fairness as envisaged in the constitution. Let us together be united in fighting impunity and other injustices in Kenya today.
Lets us not allow impunity to make positive strides in our society today.
Let us be at the forefront in demanding that IDPs are resettled now.
Let us be our brothers’ keeper.
God bless Kenya!
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