INTERNATIONAL LAW SHOULD NOT ENTERTAIN IMMUNITY FOR SITTING HEADS OF STATE

ICCbuilding Recognizing that Uhuru Kenyatta is President, is not varying the notion that all are equal before the law, it is simply an understanding that a whole country has vested its trust in this person and that the quest for justice can only be irrelevant if it jeopardizes the interest of a nation.

Parties to the Rome statute will assemble in The Hague to discuss how effective or otherwise the ICC has been as a court since its establishment. Naturally, such a period of audit will invite reviews of the court’s performance and adjustments to the legal regime under which the court functions.

Kenya and the African union will be sponsoring several proposals. These range from the review of cases already handled by the court, review of certain cases currently before the court and amendments to the Rome statute.
One amendment that clearly should be supported is the proposal that an accused can attend a sitting via a video link. In my opinion, the accused-s’ physical presence in a court room serves no material significance to trial. In fact, unless the accused is expected to respond to certain questions, their presence only serves to show respect to the gravity of the situation without any real contribution to the fairness or otherwise of the trial process.

A true interpretation of the doctrine of presumption of innocence would require that the accused be given the liberty to choose whether they need to be physically present during their trial or whether they are comfortable being represented. Condemning an accused to present at the sometimes derogating trail process leans more to assuming they are guilty before such is objectively determined.

The proposal for a trial via video link resonates with the requirement of time. It will show that the accused is respectful to the process, as they will sit throughout the trial. The obsession with physical presence in court at this time reeks of an adolescent-like attitude of “gotchya”, you-are-where-I-want you-to-be, which cannot be the business of a legal system.

Further, if the trial by a video link, will afford relative convenience to the accused, allowing them to undertake their duties while attending to the trial, an opposition to such can only be sinister. In fact, in peculiar circumstances like the Kenyan case, the system of the court should attempt to realize justice conscious of the peculiarity of the circumstances.

Recognizing that Uhuru Kenyatta is President, is not varying the notion that all are equal before the law, it is simply an understanding that a whole country has vested its trust in this person and that the quest for justice can only be irrelevant if it jeopardizes the interest of a nation.

The second proposal however, that aims to secure immunity for sitting heads of state defeats the primary essence of the entire Rome statute.

Protecting a head of state from civil suits and miniature criminal suits during the subsistence of their tenure is justified as the institution of presidency cannot be dragged to every court. But where there is egregious violation of human rights, perpetuated by a sitting head of state, then that immunity has to be waived.

The peculiarity of Kenya notwithstanding, we have to remain strictly aware that the notion of leadership and good are inseparable. As such, the populace will always endeavor to elect ‘good’ people and in the natural state of event, good people do not face prosecution.

The ICC was created to deter impunity by facilitating prosecution where municipal systems were either unable or unwilling. It becomes then a natural conclusion that the prosecution of a country’s top political leadership is one of the most likely scenarios that the ICC may involve itself in. This is since; a country’s political class will likely have connections capable of crippling systems where a country’s institutions are not very strong.

In this entire debate, as we try as country to protect our president and his deputy by securing immunity, we are losing sight of one very important detail. The easiest way of securing our future as a country and a continent is not by securing immunity for our leaders, but strengthening our institutions.

The ICC, as clearly stated in the preamble to the statute, is complementary to the national justice systems; the easiest way to ensure that future presidents or even citizens of Kenya are not hauled to international courts, is to have our efforts go to remedying the deficiencies in our municipal systems.

In fact, I can almost suddenly predict, that the stature of international law cannot accord blanket immunity to anyone, and worse where human rights violation is involved. In fact, even in our own constitution, we have partially waived that immunity by saying that where a president is suspected to have done a crime under international and national law, then impeachment could be undertaken.

Essentially, what we anticipate as a country is to have a presidency without criminal allegations. And just that we find ourselves in a position as unfortunate as this, it does not mean we need to renegade on that pledge that we gave ourselves.

My prayer is that Kenya’s leadership is cleared of these allegations expeditiously and that as a country we can move on without the ICC

RUTO-UHURU FIXERS SHOULD BE PURGED FROM GOVERNMENT:

The Deputy President's lead counsel has alleged that senior government officials were involved in witness coaching

The Deputy President’s lead counsel has alleged that senior government officials were involved in witness coaching

In my opinion, the President, Uhuru, needs to purge those implicated, not for his deputy, but because he cannot fully trust that they are not the ones who are directly the reason why he is, himself at the ICC.

I can understand why the Deputy President would require a ceasefire on the fixing claims. To hold the government together, Ruto needs to be the nice guy, willing to forgive and move the country forward.

It is however very important, that those who can be objectively associated with any fixing, if there was, be identified, purged from the government, and where the fixing was based on utter lies, be prosecuted.

Before addressing why the fixers need a purge, it is important that we understand why Ruto is urging a ceasefire on this.
The stakes here are too high. The ICC narrative was in the first instance used to hoodwink the duo constituents and it created a powerful anti-Odinga and anti-Western imperialism narrative in the 2013 elections. So, as the truth starts coming out, Uhuruto naturally feel they are becoming exposed.

One thing that the duo fully understands is that their constituents would relish a moment, when Odinga’s name comes up in the ICC. When an allegation is proven to the extent that a lead counsel can say, certain Raila agents coached witnesses. I am certain, their lieutenants would jump at the opportunity and shout, “I told you.” A realization, that it is they themselves who planned against each is a serious anticlimax that will dent the anti-Odinga rhetoric which is major glue that holds jubilee.
I am also certain; Kenya has managed to galvanize the whole of Africa to be against the ICC. Indeed, the court is fighting perceptions that it is being used to install leadership in Africa.

That it is a neocolonial tool perpetuating lordship over Africa. The entire continent seems to have bought this story. And it was reinforced by the “UK Dossier” and related narratives. It will be a serious anticlimax to the continent, where it becomes known that actually, it is the Africans themselves who were using the ICC to influence political outcomes.
I fully understand why to the Deputy President, the ceasefire is absolutely necessary.

One thing has never been lost to me; the ICC cases are at the ICC because certain individuals within the Kenyan circle wanted it so. The other thing also that I was very certain about, is that those individuals must have been within the government.
Writing in April 2012, I noted in reference to the omissions of the Kibaki led government that saw the ICC take up the ICC cases, “I can only make two conclusions, either they know that he is indisputably guilty and any attempt to obtain a deferral or referral will be futile, or that there was someone within the centre of power, who was deliberately instituting those abortions with a view of getting hon. Uhuru out of the way.

Rereading that article, I now even further believe in that assumption.
Either way, I am waiting to see whether those very names being touted as having manufactured anti-Ruto evidence, will not come up when the trial of the President starts.

I still hold the series of omissions that saw the ICC case firmed up can only be deliberate or foolishly negligent. And with what is coming to the fore, I believe the former.

If one is mentioned as having been part of the plot, they need to be purged. Not because they fixed Ruto, but they are entirely to blame for the ICC mess. Just like I speculated then, someone within the inner circles of Kibaki wanted Uhuru out of the way.
In my opinion, the President, Uhuru, needs to purge those implicated, not for his deputy, but because he cannot fully trust that they are not the ones who are directly the reason why he is, himself at the ICC.

The second reason is the overarching fact that this country needs the truth on the post election violence. For posterity, we need to know whether Kenyans can be spontaneous as to cause the mayhem we saw in 2007 and that it is true that these cases were manufactured to fix a few people.

There has been extensive pain caused by the ICC issue. Let me for an instance be in Ruto’s shoes for an instance, the fear of not knowing whether a lie will hold to the end, the stigma of being associated with forcible transfers and rape and murder. As a human being, one gets drained and no one should make another person to go through that. And imagining, that however did that can still be called a civil servant, paid by tax payers money is an abuse to the Kenyan intelligence.

The future, as Ruto would like to say, must be built on a foundation of truth and openness, not a reckless letting-go attitude.
If these civil servants intentionally could not divorce themselves from politics as the law requires, we do not need them.
There is nothing wrong about forgiving and about caring for the future, but we can only do that sincerely if we open the past to the criticism it deserves. This will not only give us lessons on how to have a better future, but also eliminate suspicion.

Standard Blog Post With All The Trimmings

Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet. Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.

Read more

Only one thing is impossible for God: To find any sense in any copyright law on the planet.
Mark Twain

Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.

Our Trip in Brooklyn

Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet. Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.

Read more

Awesome Gallery Post

Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua.At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet. Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.

Read more

Brooklyn Brewery Mash Video Post

Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet. Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.

Read more

Super Duper Audio Post

Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.

Read more

AWESOME WORDPRESS THEMES

Premium WordPress Themes powered by UNITED THEMES

Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.

Read more

Summer 2011 in Brooklyn

Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet. Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.

Read more