After ICC, let's not forget victims

This week, the yoke of crimes against humanity charges came off the necks of Deputy President William Ruto and former Kass FM presenter Joshua Arap Sang as the International Criminal Court grudgingly ‘vacated’ them. The joy of their families and supporters is beyond words. It indeed was a heavy burden for these two sons of Kenya, a psychological and emotional torture for my nation too, especially. I would like to hereby wish them good rest from this harrowing experience.

This is my duty as a good Kenyan citizen, to wish my leaders well when they are going through bad times but to also criticise them when they step on my toes or those of others. If they are not serving us well or are not guarding our meagre collection in the national granary, we must also raise our voices.

It has been six tumultuous years since this matter started. Starting with six. Uhuru Kenyatta,  Francis Muthaura and Hussein Ali on one hand and the ‘reps’ of Raila Odinga’s Orange Democratic Movement on the other; Henry Kosgey, Mr Ruto and Mr Sang. Former ICC Prosecutor Luis Moreno Ocampo had vowed that through them, Kenya would be taught a lesson. Well, that seemed not to have been the case.

However, as a nation there are several complications we have to confront. The first is that we killed each other over political rivalries. As to who incited who, and who bears the greatest responsibility, that remains unresolved.

Also, through our distrust for Government’s capacity to oversee the formation of an independent local justice mechanism, especially to deal with big fish, not those pulled out of busaa dens, we literally took ourselves to The Hague. Painful memories include the chant, ‘Don’t be Vague, Let’s go to Hague’. Well, we eventually got a long ride there then we started lamenting about the West and neo-colonialism. The game went further when blame-sharing became the hallmark of the querulous Grand Coalition formed as a truce or ‘silence-the-gun’ instrument by Mwai Kibaki and Mr Odinga.

The trickiest issue we have had to confront as a nation is whence lies justice for the victims. As we have seen on social media, this is almost a taboo subject which when raised, instantly awakens the demons of lynch mobs. The reason is simple, the civil or alternative society as has been christened by State House, as well as select international NGOs and politicians, rested all their hopes for justice on ICC. Besides the fact that ICC is an extension of the pliable instruments in the hands of America (on which it shares the distinct honour of not being a member alongside Russia and China).

But then the flip side was that the cases were seen as selective and politically motivated, a fact that united the populous communities where Mr Kenyatta and Mr Ruto come from. It also began to look ‘alien’ and intrusive and a draconian justice system in the hands of the white man. In simple terms, politics poisoned the justice environment and redefined power relations in Kenya. In fact, without ICC, there is doubt we would have had what The Economist came to call the ‘Coalition of the Accused’ and eventually, the Jubilee Alliance.

Mark you, there is no argument here to the effect that these six gentlemen should have been held responsible. Justice only makes sense when you have gone through it and are adjudged guilty or innocent. In this case, the cases have been shut and even the little whimpers by Fatou Bensouda may just be that, there is no revisiting them. That would be too risky and reckless as we have seen. But it’s predictable that Ms Bensouda will step up the pressure on the gas pedal in pursuit of the three Kenyans waiting to face the court soon.

Back to the issue of the victims across all communities, we need to reflect as a nation on the torment their families are going through and ask ourselves if indeed they should just be considered to be collateral damage in a bigger political war where the victors gloat on their triumph while the losers lick their wounds, those caught in cross-fire count their loses, while to God we entrust the souls of those killed.

This my friends isn’t synonymous with either the perception that all the six or a few of them should have been found guilty and jailed abroad. That would still have not healed the political and tribal fissures threatening to swallow us via a path paved with the glittery diamonds of ethnic chauvinism, grand corruption and unbridled greed akin to that Chinese claim that they swore to God they will eat everything in the sea except submarines, all that flies except aircraft, and all that walks except man (and woman!).

That is why we should now pray that this government will now pursue amends for the victims of the post-election in an impartial manner so as not to reopen old wounds. It must also truly heal and unite this nation whose tribal tectonic plates are drifting, some towards the Indian Ocean and others Lake Victoria. It is an onerous task but it can be done. It requires working even with Opposition. That is the only way to avoid a repeat of what we went through!