State must apologise to election violence victims

The withdrawal of the case against the last two Kenyans marks the end of a process that was doomed from the start. With Prosecutor Moreno Ocampo failing to properly and fully investigate the cases, and instead trying them in the media, relying on rumour and hearsay, by the ICC failing to protect its evidence and its witnesses despite all its tremendous resources, the ICC lowered its credibility and opened the door for justifiable attacks about its motives. The withdrawal, however, provides a critical moment for reflection, even as we attend thanksgiving services.

For the avoidance of doubt, I am personally glad the cases are over. They had become a farce and were never going to solve Kenya’s profound problems that showed their ugly face in 2008. The focus away from the court cases and our frustration with the ICC must however lead us to reflect on some realities about that 2008 events that may assist us in the difficult journey of nation building. First, the ICC. We must accept that this continent needs a strong and effective ICC. I do not join those who celebrate the humiliation of the court by the Kenyan cases.