President was right court must not distract Kenyans

By Kiratu Kamunya

The recent remarks by President Uhuru Kenyatta that himself and his deputy cannot be at The Hague at the same, have elicited sharp reactions from quarters within the country and beyond, with some insinuating that the president is about to recant his earlier commitment to honour his international obligations.

Citing the constitutional provision that provides for either one of them to be in the country at any given time, he was bringing all actors to the ICC case up to speed with a constitutional requirement, which he solemnly swore to protect.

Snuff out mischief

That the ICC process has gained prime time attention of the nation at the expense of more progressive news like the serendipitous discovery of a water aquifer in Turkana County, enough to transform the county into an irrigation hub.

The overlapping scheduling of the ICC cases for the president and his deputy, knowing far too well their respective role they play in governance of the country, smells mischief on the part of the court and contempt for the people of Kenya.

Kenya is a country of ethnical and cultural diversity, with a people who draw synergies from this diversity which has sustained the relative tranquility, enjoyed over the past years. This peace has been guaranteed through a stable and astute present and past government, giving the population a firm assurance that the government is in charge.

But ever since the politics of ethnic bigotry planted by the current opposition in the run-up to the 2007 election, and germinated in the aftermath of the election culminating to violence, the issue of presence and stability of government is something that cannot be second guessed.

The ICC, a court founded and sustained through the tenets of international justice, will find it convenient to throw the country into political anxiety, speculations and wishful thinking, particularly in the opposition quarters by overlapping the court sessions, effectively meting out collective injustice to the people of Kenya; indeed Kenyans are on trial.

This court in its fair wisdom should have considered that the UhuRuto government is a nascent one, and needed sufficient time to establish good governance structures that will deliver promises made to Kenyans during campaigns.

Judicial practice world over considers other salient determinants of procedures in any given judicial process.

Social, political and economic factors normally are major concomitants of a proceeding, lest the process becomes repugnant to natural justice. According to David Wigdor, a respected authority in the area of international jurisprudence, guides that determinants of judicial creativity is derived from outside the law or legal doctrines, appreciating that the law can be rigid and limiting in the wake of factual realities of a given society.

The very fact that the two leaders are the first sitting president and deputy to appear before the ICC, deserves dignity and respect in the manner they are treated by the court, considering that their co-operation record with the courts thus far has been impeccable.

Official Capacity

This is by no means asking the court to contravene article 27 of the Rome Statute that provides for exception from criminal proceedings for any head of state or government based on their official capacity.

Instead, the process should allow intermittent participation of the duo.

By any chance that the current leadership is to lodge at The Hague for the unprecedented period, this would supply sufficient fodder to the opposition to stir up mayhem and solicit for civil unrest in pocket sections of the nation —  a habit which they seem to nurture.

Based on the recent claims that there are some rogue international actors, in cahoots with elements within our political stablishment, out to profiteer from any perceived or actual unrest, absence of the president and his deputy therefore will only exacerbate the situation.

Media Streams

Inasmuch as everybody knows the end story of the ICC cases; that it will come down crumbling under the weight of its own false foundation, some notable losses will have to be considered.

First, this process has preoccupied the president, thanks to an insistent and attitude of the ICC prosecutor who vehemently ensured that the president is within her vicinity during the trials.

This valuable time and energy could have been better used to negotiate for other bilateral and multilateral trade agreements with our allies to boast our economic growth efforts and alleviate poverty levels in the country, moreso among the youth.

Further, the time wasted by patriotic Kenyans keenly following the proceedings via the media streams, in solidarity with their leaders is irrecoverable.  This of course satisfies the sadistic attitude of some elements within and beyond who derive pleasure and comfort when the population is unproductive and thus vulnerable to political manipulation.