ICC trials ought not adversely affect State operations

By Ken Opalo

Next week will mark the beginning of the ICC trial of Deputy President William Ruto, to be followed shortly after by that of President Uhuru Kenyatta. No doubt the country will come to a near standstill as we once again revisit those two dark months following the disputed 2007 presidential election. But the country need not find itself in a worse situation on account of the trials. During the last presidential campaigns the Jubilee candidates assured the country that they could “chew gum and walk,” and therefore their “personal challenges” at the ICC would not adversely affect government operations. They must keep their word.

As a country we are notorious for being unprepared even for the most predictable of events. We tend to be masters of reacting to incidents with astonishment, never pausing to reflect on the importance of adequate preparation. For the sake of the country’s stability and well-being, I hope this will not be the case when it comes to government operations as the president and his deputy get preoccupied by their respective cases at The Hague.

During the last few months the duo have completely outshone Cabinet Secretaries and civil servants in the face of one crisis after another, leaving one to wonder whether their underlings can effectively run affairs in their absence.  As a country, there are two things we must get right over the duration of the trials. First, we must not allow the running of government to be hijacked by unelected and therefore unaccountable officials. The contract that emerged from the March 4 election was between the Kenyan people and the UhuRuto ticket. 

Even when they are away the buck will still stop at their desks. They must therefore ensure that they maintain adequate control over government operations and not allow civil servants to develop their own satrapies in their respective departments. Otherwise we might end up with a moribund government with an unaccountable civil service run amok and ready to fleece the public of every tax cent.

Second, we must strive to put everything in perspective. Here the media must play a role in setting the tone of the narrative. We must not forget the reason why three of our countrymen (including journalist Joshua Sang) stand accused at The Hague. It is because 1,300 Kenyans died and hundreds of thousands were displaced.  Of course the three accused remain innocent until proven otherwise by the court. But we must not lose perspective and let emotions and political theatrics detract from the solemn quest for justice for those who were killed, maimed or robbed of their hard earned property in 2007-2008. 

The emergent media narrative must stress that the trial is not of entire communities or regions or interests. It is a trial to determine culpability of individuals in the organisation and financing of acts of atrocities that led to the loss of lives and property.  The story must therefore be as much about the victims and the danger that we faced as a country in those dark months (if not more) as it will be about the three accused. Of course any Kenyan with an iota of patriotism would rather our president and his deputy were not facing trials for crimes against humanity in a foreign land.

But that is the situation we find ourselves in, and must make the best of. In this regard the media must walk a tight rope of reporting on the cases without diminishing the respective state offices that Messrs. Kenyatta and Ruto occupy. Throughout the trials we must not forget that the two are our elected leaders. A section of the political class is already huffing and puffing about the impending trials. Many plan to spend a lot of the public’s time on the issue, including leaving their job posts to travel to The Hague.

These are unnecessary sideshows that will serve little but increase political tension in the country and distract from the many challenges that we continue to face as a country. Lest we forget, the commencement of the trials will not magically end poverty and insecurity in our slums and rural areas; nor will it erase problems of inadequate housing, healthcare and education opportunities for our people. And most importantly, it will not heal the scars and pain of those directly affected by the violence in 2007-2008. As a country we can’t afford to hit the pause button on these issues for the sake of the accused.