Criticism of Wetangula over Sudan diplomatic row insincere

By Fred Wesonga

I forgive those who may mistake me for an old type oppressive Kanu minded person. I approve freedom of speech and expression allowed by the Government and enshrined in the Constitution but detest the ignorant manner in which most of us exercise it.

I was disturbed when I listened to comments by callers on one of the FM radio stations. The topic was whether ‘we (meaning Kenya) should arrest Sudan President Omar al Bashir or not.’ People called in and I listened with awe how they criticised Foreign Affairs Minister Moses Wetangula.

Exercising their freedom of expression, callers unanimously backed arrest of Bashir if he sets foot in the country. I almost dismissed them as ‘expensive’ callers who come from my home town, and who would normally call and later boost to their spouses or friends how they were heard on radio. They believe in ‘salaams’ and before completing their opinion, they would greet five people.

I had already dismissed the activists who play a populace game as well as the politicians. But wait a minute, a professor had joined the ‘majority’ by faulting Wetangula’s opinion over the courts judgement and branding him all kind of names in an article in one of the daily newspapers.

We at times have to stop and ask ourselves, who said a popular opinion is always the right one? Don’t we have instances where a minority opinion could be factually correct, even if it is politically incorrect?

Let me handle the ‘professors’ school of thought before I embark on my own ‘salaam’ relatives. Let the professor, human rights activists and the ‘know’ it all MPs correct me on this:

- Is it not true that the Rome statute recognises the immunity enjoyed by any sitting Head of State?

- Doesn’t the international law and the Constitution allow a sitting president to enjoy immunity from criminal proceedings at all times?

- Does the ICC have criminal jurisdiction over Sudan as per the Vienna convention of 1969 and international law?

- From the jurisdiction aspect, Sudan is not a party in the statute that founded the ICC, consequently, the legal basis of the request or any former or posterior to be issued by the ICC has no ground in the international law or the Constitution – given that Bashir did not commit any crimes against Kenyans or on Kenyan soil – and contradicts the steadfast and conventional customary principles.

- Not imagining the worst. Don’t we think that a raft of reprisal measures taken by Bashir would have hurt the country’s economy and strained diplomatic relations?

Let us shift our focus on President Kibaki.

After the disputed elections in 2007, people lost lives. Whether the two principles were involved or not is not clear, but people died defending their positions. We went over it and a Government was formed.

Imagine what would happen if a court sitting in Sudan issues an arrest warrant against Kibaki and Prime Minister Raila Odinga. Kibaki, who is the Commander-in-Chief of the Armed forces, visits Sudan and he gets arrested!

That is the time you will see the unity of Kenyans. None of us will remember the allegations levelled against him. All Kenyans, irrespective of tribe, will arm themselves to the teeth to fight Sudan.

Our newly acquired Kenya Defence Forces jets will be redirected to ‘Mission Okoa Kibaki’. Hell will descend on any Sudanese, whether black or Arab, northern or southern living in Kenya. In this case, there shall be no Kikuyu or Luo, no PNU or ODM. Al Shabaab will be a smaller problem and no one will go on strike for any salary raise.

Now, put it the other way round. We go ahead and arrest Bashir. The Commander-in-Chief of the Sudan armed forces.

Members of Parliament will blame Wetangula for not doing his job to diplomatically avert the crisis and maybe from a hotel in Mogadishu, for it will be safer there. All Arab nations will be against us.

Wetangula did his job. He is super on the job. He might lose politically but no one else would have done better than him.

The writer comments on social and political issues