Wasting taxpayers' money to fly to The Hague to lobby and influence the outcome of humanity cases facing two Kenyans at the International Criminal Court (ICC), is not only shameful, it confirms that Kenya does not believe or respect the rule of law; a fundamental principle of good governance.
The ICC has its own jurisdiction and is independent. It does not require any supervision or influence on how to conduct its activities and more specifically cases before it.
Kenya is not the only country with cases before the court. Kenyans arraigned before the court are not more special than others before the court and therefore must be treated equally, just like others, without favour. The noise by the Kenyan legislators should be treated as such; nothing more. The use of recanted evidence by the ICC was a decision reached by the court from experience. It should have been introduced long time ago to ensure that justice is actually done and not heard. Why is it that only African leaders and not African people are the ones complaining, running around soliciting support from like-minded colleagues to interfere with the court process?
Justice should be made applicable to all irrespective of status or the position one occupies in society. One is innocent until proven guilty. That is the principle in law and justice. Kenyan suspects and leaders, especially the Jubilee team, should be patient and wait for the law and judgement to take its own cause.
What they are doing, like trying to stage-manage issues at the Assembly of State Parties, running around in the country abusing and condemning the activities of the International Criminal Court through political rallies and the so called prayer meetings, will not solve anything. Perhaps that will end up more hurting and making the situation worse for the Kenyans before the court.
Judges at the ICC are respectable professionals who are serving the court because of their qualifications and merit. They are distinguished career professionals in their own countries. Definitely, as human beings, they are not comfortable watching Kenyan politicians abusing and condemning them.
Jubilee leaders should not take Kenyans for granted. Kenya is bigger than any individual, community or politician. The Interest of the country and its forty million plus population should come first. The Jubilee leader’s seemingly unfocused and short-term strategies will most likely cause more harm than good to the country. Jubilee leaders need to be reminded that ICC is not a Kangaroo court where they can go in with their numbers to threaten the judge and the Prosecutor.
The International community should come out strongly to defend and protect the International Criminal Court from interference and intimidation by African leaders whose only interest is to remain in power or grab power in whatever manner, including committing crimes against humanity.
Kenyans, like other citizens in developed and developing nations, want an assurance of peace and stability from their political leadership and therefore look up to the international community through organs such as the United Nations, International Criminal Court and others for their genuine support to ensure peace and stability.
African leaders must embrace change. They should put in place systems and reforms necessary to bring change for a better Africa, but not to try to bend laws, change legal systems like constitutions to retain the status quo. African leaders should move forward. ICC may have its own challenges just like any other institution but that does not mean that it should become extinct or has failed.
The African Union Commission should review its mandate to become an organisation or umbrella for the African people and not African leaders.
It should not only become a watchdog for the African people, but also a genuine voice to correct political ills committed by African dictators on their people. African Union should become autonomous and should not depend on member countries to survive because of funding.
What happened recently in Tanzania is remarkable and is a positive step towards changing Africa. Although the elections may have not been free and fair, retired President Jakaya Kikwete confirmed that he respects and honours the rule of law as opposed to what is happening in Uganda, Rwanda and Burundi where leaders are ganging up with their supporters and loyalists to change the constitutions to remain in power.
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