Bensouda worries over politicisation of ICC cases

By OSCAR OBONYO

That the ongoing case at The Hague involving four Kenyans is the most politicised in the history of the International Criminal Court (ICC), is a fact that none other than the Chief Prosecutor, Fatou Bensouda, has conceded.

Try as she may, to run away from this reality, Bensouda is finally clear on one thing – that the case involving presidential aspirants, Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto and two others is a hot political potato.

Whether by design, default or sheer coincidence of its timing, when the General Election is due in Kenya, the ICC process is doubtlessly going to be clouded locally by political posturing.

Elective politics has influenced the process threefold: First is the claim that key challenger Prime Minister Raila Odinga penetrated the ICC process and influenced the inclusion of Uhuru and Ruto as suspects to eliminate them from the presidential race.

Secondly, that some politicians like Vice-President Kalonzo Musyoka and Deputy Prime Minister Musalia Mudavadi are viewed – rightly or wrongly – as beneficiaries in-waiting of the ICC process.

In Uhuru’s own famed allegory, they are like hyenas blindly trailing them with the hope their hands will fall off.

Finally, there is the notion that supporters of Uhuru and Ruto view the coming polls as an avenue to cushion the politicians from prosecution or momentarily suspend the process. This explains their rallying to “save” the duo by electing them to office.  “As far as we (members of Ruto’s United Republican Party – URP) are concerned, the two must be in Government because of this ICC issue,” Cherangany MP, Joshua Kuttuny told The Standard On Sunday.

Belgut MP Charles Keter explains that ICC is at the core of URP concerns and it will shape coalition negotiations with other parties.

“Our main issue is ICC and that is why we are talking to everybody we believe we can work with because we must be in the next government.”

Ideally, the process has been politicised at two levels – locally and internationally. At home, Justice and Constitutional Affairs minister Eugene Wamalwa has equally played an active role – clarifying that “the ICC situation cannot stop Uhuru and Ruto from running for president”.

The minister also told The Standard On Sunday that supporters of Uhuru-Ruto need not worry in the event of a runoff.  “There have been misplaced fears on this matter, however, the Constitution is clear that a run-off should take place within 30 days after the General Election slated for March 4 next year. That puts the run-off around April 4, which is earlier than the ICC hearings.”

At the international level, UK’s Foreign Secretary William Hague was first to confront the Kenyan case during his visit in February. He warned Kenyans of repercussions from the international community if they voted the duo into office.

The matter attracted mixed reaction with Uhuru-Ruto allies particularly enraged. US Secretary of State, Hillary Clinton, was more guarded during her visit in August, but she equally sounded a word of caution to voters.

But last month former UN Secretary General Kofi Annan was categorical that a possible Uhuru or Ruto presidency was untenable and Kenyans risked being isolated by the international community.