Wednesday, October 10, 2012

It is March 2013 and UHURU Kenyatta is the PRESIDENT .... What!!!



It is five months to the mother of all elections. But that does not matter it is six months to the The Hague/ICC noose snapping. And Uhuru is no average Joe, he knows the only way to KILL The Hague monster clinging on his back is to win the presidency.

Forget all the bravado and brinkmanship from the other presidential aspirants. Uhuru has penciled his life on the next polls. In his mind it is a matter of LIFE and DEATH socially, politically and financially.

The forth coming elections are like oxygen to Uhuru. He loses and his goose is hunted, cooked, digested and flushed. The 26th richest African can afford to risk ICC jail which will see over 50 billion shillings of Kenyatta family wealth seized to compensate Post Election Violence victims. Never.

What is more, the new constitution provided immunity to Kenyan presidents from prosecution in any court for any criminal offence. Don't waste your breathe shouting that ICC is not bound by our laws. This is Kenya and impunity is our first, middle and surname.

Article 143 (1) of the new constitution explicitly states that "Criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office, during the tenure of office."

Yes with ultimate power you can afford to read the same constitution selectively and dismiss the next clause Article 143(4): "The immunity of the president under this Article shall not extend to a crime for which the President may be prosecuted under any treaty to which Kenya is party and which prohibits such immunity". Kwani mta do?

And before you foam at the mouth waxing legalistic you have to know the present substantive appointing authority who is not Kibaki lest you delude yourself. If in doubt just send an email to either Eugene and ole Metito.

So forget about flamboyant old geezers like Bashir or Mugabe shouting themselves hoarse with neocolonialism slogans. Come next year and Kenya will beat them all making history in all fronts.

And that history will begin with the fourth President of Kenya being sworn in office in Europe, Netherlands to be precise and at The Hague to be exact.

Already three very creative Kenyans, Messrs Charles Munyui, Kamotho Njenga and Paul Mwangi have taken both AG Muigai and Justice Minister Wamalwa to court so that they can be directed to amend the Assumption of the Office of the President Act, 2012 so as to accommodate swearing-in from without Kenyan borders.

You see last month's by-elections has definitely redefined Kenyan politics. The new party on the political block is ruling the airwaves and Uhuru is leaving nothing to chance. And what a sweet victory, real or perceived, it would be to defeat the very person who engineered his ICC persecutions. Game on.

Chris Kyalo

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