Cabinet Reshuffle Plot Against ICC

THURSDAY, 29 MARCH 2012 00:05 BY NDUNG'U WAINAINA

Monday's mini-Cabinet reshuffle is a clear signal by President Mwai Kibaki’s regime to obstruct the International Criminal Court judicial process. The realignment presents a final bid by the Executive to ensure non-compliance with the ICC during the trial stage that is beckoning.

It is the final stretch of the grand plot that has involved among others, the futile shuttle diplomacy, the President writing letters to the United Nations Security Council and International Criminal Court respectively, the threats and attempts at compromising witnesses, conducting dubious indoctrination and political prayers’ crusades, hiring and spending huge sums of tax payers’ funds on exorbitant foreign lawyers, production and dissemination of fake propaganda documents, setting up of Advisory Task Force on ICC by Attorney General to give legitimacy to the final political actions and forcefully pushing for delayed general elections.

Major state transforming reforms anchored in the Constitution and accountability are set for harsh affront attack by reinvigorated and emboldened lords of impunity now occupying strategic political positions in the Grand Coalition Government. Kenyans should pay attention to the grave implications of these actions. Key among them is the complete disregard to respect and adhere to prudent management and use of public resources.

The government, through the Treasury, has contemptuously refused to bring before Parliament the Public Finance Bill 2011, which has caused major short-falls in collection of the revenue. The Kibaki regime, by pushing for March 2013 elections is deliberately engineering a budgetary and financial crisis. A lot of resources will be required to implement the Constitution to the full. The current regime does not seem keen to implement the constitution to the letter.

The wider scheme, it appears, seeks to unconstitutionally and unprocedurally pave way for a section of the four accused persons to be eligible for elections by whatever means possible. This is despite having been accused of the worst crimes against mankind, which is contrary to provisions of the Constitution on leadership and integrity. The Special Advisory Panel Report on ICC that was ‘commissioned’ by the AG and recently released to the President was deliberately misconstrued to form basis and give legitimacy for action towards non-cooperation with the ICC.

Although the Panel was clear on Kenya’s duty to cooperate with the ICC and to avoid taking further antagonistic steps, this has been ignored. Instead, the plot now seems to capitalize on their less viable option of ‘special prosecution’ in Kenya under the guise of national stability and security. This is the theme that appears to have been taken by GEMA by misguidedly resolving to petition the ICC by collecting 2 million signatures. The aim of an appearance of collective action and one that paints a picture of potential instability and conflict were prosecutions to go on, of course, is false and self serving.

The President must remember his oath of office. The chronology of events toward non-cooperation is unwelcome, will leave a dark mark in his legacy and completely isolate Kenya. The continued misuse of public resources and institutions to advance this goal is tantamount to abuse of office and risk being challenged through legitimate and legal action.

Ndung’u Wainaina is the executive director of the International Centre for Policy and Conflict.