Can Kibaki be proactive?

Michael Ranneberger, the US ambassador and ‘darling’ of the Kenyan youth, described Kenya’s leaders in the just released Wikileaks cables as politicians with great ‘desire for self-preservation’.

Although they are responsive to some degree of intense international and domestic pressure, they only work to survive and approach all issues with self-interest and rarely take a broad and future outlook.

Nothing illustrates this better than the ICC process. When Martha Karua tried to have a Bill on local tribunal passed in Parliament, politicians rejected it saying The Hague was the answer.

The thinking then was that a local process would be politicised and would not be credible. Karua insisted not all would go to The Hague and a local tribunal would complement ICC efforts. The principals particularly President Kibaki gave her lukewarm support hoping Ocampo’s activities would come to an abrupt end for lack of evidence.

When reality hit them than names would be released, the leadership tried to force another Bill passed on the formation of local tribunal. But it was too late and outdated. Now parliament wants the Hague process stopped as ‘it infringes on our sovereignty’.

Those who expected to sabotage ICC are now shocked that Ocampo actually kept the promise. And for chattering throughout and failing to agree, Kenya now is mentioned alongside countries that have known no peace for years like Liberia, Sierra Leon and Democratic Republic of Congo. Our politicians hide and seek game has finally caught up with them.

Even if the Ocampo Six are declared innocent, he has already scared the elite and no one might ever try to commit such crimes. Whether the process will be fair or not is no longer important.

History will judge Kibaki harshly for not doing enough to see the country has a credible justice system and allowing the country to be shamed by having his subjects prosecuted by foreigners in foreign courts.

His laidback approach was disastrous on this matter and who knows, if there is more violence before he leaves office, he could be indicted and suffer similar embarrassment and shame like Omar Al Bashir. Self-preservation will not suffice here.