Kenya should not be held to ransom over ICC cases

By Denise Kodhe

It is not Kenya that is on trial at The Hague. Both President Uhuru Kenyatta and his deputy William Ruto should know that Kenya is not on trial at the International Criminal Court (ICC). They are in the criminal court as individuals suspected of committing crimes against humanity. They did not hold presidential positions when they first appeared before the international court a year ago for admission and mention.

The International Criminal Court has been very clear all through on their position regarding local political issues. ICC publicly stated that political decisions made in countries where indictees come from have no effect, bearing, influence or relations with ongoing cases at the court.

It is naïve and hypocritical for both Uhuru and Ruto to drag their current positions into the cases facing them at the International Criminal Court. It would be unfortunate if they were using the General Election in March as a strategy to avoid or find a way around the cases facing them at The Hague

Before the elections last March, Kenyans were warned by the international community that it would be not business as usual and that choices have consequences; these warnings were vehemently ignored.

Instead, Kenyans went ahead and elected Uhuru Kenyatta as President and William Ruto as Deputy President.

The Kenyan people, Uhuru Kenyatta and William Ruto should now face the consequences and stop shifting blame and goalposts using their positions and the Kenyan constitution.

The people of Kenya, including the three indictees facing criminal charges at the ICC, knew very well the implications of their ambitions on their cases at the court.

Initiators of detention

The ICC is not a local court like Kibera or Milimani. It is an international court with international jurisdiction.

The International Criminal Court was set up by the United Nations for a purpose which Kenya and other Africa nations supported as members. Besides, Kenya is a founder member of the court and moreso a signatory to its Statute.

It is out of order now for Kenya to turn around against an institution that it founded.

The late Jaramogi Oginga Odinga was among the leading initiators of detention law in Kenya after independence but unfortunately or fortunately, he became the first victim of it.

After all, it was the Kenyan legislators who opted for The Hague option despite desperate appeals, advice and attempts by Kofi Annan, retired President Mwai Kibaki and former Prime Minister Raila Odinga among others to settle on a local tribunal.

President Uhuru Kenyatta and his Jubilee government should stop confusing Kenyans and making erratic decisions and actions that will plunge the country into chaos and crisis for a long time.

Kenyans should not allow themselves to be intimidated and coerced by the Jubilee government to support issues which are more or else personal. The rule of law and practice of good governance must be adhered to, practised and respected by all leaders in the world.

The president should do Kenyans a favour by separating ICC which is, in his own words, a personal issue, from the government and the people of Kenya.

Many Kenyans lost their lives and property during the post-election violence of 2008.

Justice must be seen to be done and not heard. This is the long-term and best way to create healing, harmony and unity among the people of Kenya.

Solidarity among a few African leaders against the International Criminal Court is suspect. It would be interesting to analyse the character of African leaders using the African Union to discredit ICC. What is behind their actions? Africa can do better and deserves good leaders with focus and integrity to move it to the next level.

Crooked and jinxed

Respectable and independent-minded African leaders like President Jakaya Kikwete of Tanzania among others should stand tall in support of ICC.

They should not join the bandwagon or fall into the trap of crooked and jinxed African leaders who are still living in the past and who think that the presidency is a prerogative of tribes, families and a few select groups. 

Democracy and good governance must develop and thrive in Africa.

Africa should be able to compete with other developed and developing countries so as to prosper both economically and politically rather than being strangled by selfish and unfocused leaders with no ambitions or future.

The writer is Executive Director, Institute for Democracy & Leadership in Africa - IDEA.