By Ndung’u Wainaina
International Criminal Court (ICC) was not a political concern until December 15, 2010 when the Court Prosecutor named six suspects. Before that naming, the question of political persecution was never raised by anyone. The crimes that are subject of the trial occurred five years ago, which was five years away from general elections. Therefore, it is mischievous, preposterous and feebly late in the day for anyone to tie ICC process with an election.
Such a negative genius of trying to circumvent the law, judicial process and distort facts cannot find any purchase from any reasonable and rationale person in anywhere in the world part from Kenya. The confirmed four indictees facing international crimes, particularly Uhuru and Ruto are desperately trying to convert individual criminal proceedings into a political referendum. This is nefarious and impossible, as their criminal charges and trials are not framed as political referendum question.
Uhuru and Ruto belonged to the old conservative order that never believed in the rule of law and accountability. Therefore, ICC to them is hindrance and major obstacle to their continued enjoyment of privilege, accruing benefits of political power and impunity. The two realized the futility/folly of individually confronting ICC. Therefore, the only strategy was to capture and manipulate their respective ethnic backyard to make it appear as if it is the ethnic groups under trial.
They cleverly designed a strategy of selling and casting ICC as a tool targeting to persecute Kikuyu and Kalenjin and eliminate them from political system. Yet the facts and legal standpoints are very clear. Instead of addressing themselves to answering to the charges, they rehabilitated the old KANU strategy of condemning those calling for change and accountability. Just like their political father Moi, they chose the path of sidestepping the dealing with criminal issues before them and casting it out as an internationally instigated affront against the Kikuyu and Kalenjin. This is abhorrent and absurd on part of the two and their handlers.
If Uhuru and Ruto not been facing criminal charges at the ICC and running for presidency, they would not be seeking presidency based on ICC or on behalf of their respective ethnic groups they are now working very hard to convince being threatened by ICC.
A very small clique around presidency has always deliberately and erroneously given an impression that the community from where the president originates are the sole major beneficiary. This is far from the truth. Add to the fact that the constitution has completely dismantled chieftaincy and cronyism associated with presidency, the facts becomes clear that presidency will no longer afford freebees for cotoire of loyalists and court jesters.
Uhuru and Ruto are therefore opportunistically using ICC to deploy the old tested strategy of manipulating ethnic groups and making a personal criminal responsibility into an ethno-political agenda.
The strategy being employed by Uhuru and Ruto amounts to ousting and politicizing the entire administration of criminal justice and the rule of law. The post-election violence victims are increasingly becoming desperate, despond and disillusioned, which is part of the objective of the two. Were Uhuru and Ruto to come closer to presidency (thanks to this devious and evil manipulation) the greatest losers would be the victims.
Further, this political and ethnic manipulation poses a gravest danger to the constitution, political stability and socio-economic investments. It would usher undisguised anarchy and official lawless-state.
By Ndung’u Wainaina
International Criminal Court (ICC) was not a political concern until December 15, 2010 when the Court Prosecutor named six suspects. Before that naming, the question of political persecution was never raised by anyone. The crimes that are subject of the trial occurred five years ago, which was five years away from general elections. Therefore, it is mischievous, preposterous and feebly late in the day for anyone to tie ICC process with an election.
Such a negative genius of trying to circumvent the law, judicial process and distort facts cannot find any purchase from any reasonable and rationale person in anywhere in the world part from Kenya. The confirmed four indictees facing international crimes, particularly Uhuru and Ruto are desperately trying to convert individual criminal proceedings into a political referendum. This is nefarious and impossible, as their criminal charges and trials are not framed as political referendum question.
Uhuru and Ruto belonged to the old conservative order that never believed in the rule of law and accountability. Therefore, ICC to them is hindrance and major obstacle to their continued enjoyment of privilege, accruing benefits of political power and impunity. The two realized the futility/folly of individually confronting ICC. Therefore, the only strategy was to capture and manipulate their respective ethnic backyard to make it appear as if it is the ethnic groups under trial.
They cleverly designed a strategy of selling and casting ICC as a tool targeting to persecute Kikuyu and Kalenjin and eliminate them from political system. Yet the facts and legal standpoints are very clear. Instead of addressing themselves to answering to the charges, they rehabilitated the old KANU strategy of condemning those calling for change and accountability. Just like their political father Moi, they chose the path of sidestepping the dealing with criminal issues before them and casting it out as an internationally instigated affront against the Kikuyu and Kalenjin. This is abhorrent and absurd on part of the two and their handlers.
If Uhuru and Ruto not been facing criminal charges at the ICC and running for presidency, they would not be seeking presidency based on ICC or on behalf of their respective ethnic groups they are now working very hard to convince being threatened by ICC.
A very small clique around presidency has always deliberately and erroneously given an impression that the community from where the president originates are the sole major beneficiary. This is far from the truth. Add to the fact that the constitution has completely dismantled chieftaincy and cronyism associated with presidency, the facts becomes clear that presidency will no longer afford freebees for cotoire of loyalists and court jesters.
Uhuru and Ruto are therefore opportunistically using ICC to deploy the old tested strategy of manipulating ethnic groups and making a personal criminal responsibility into an ethno-political agenda.
The strategy being employed by Uhuru and Ruto amounts to ousting and politicizing the entire administration of criminal justice and the rule of law. The post-election violence victims are increasingly becoming desperate, despond and disillusioned, which is part of the objective of the two. Were Uhuru and Ruto to come closer to presidency (thanks to this devious and evil manipulation) the greatest losers would be the victims.
Further, this political and ethnic manipulation poses a gravest danger to the constitution, political stability and socio-economic investments. It would usher undisguised anarchy and official lawless-state.
By Ndung’u Wainaina
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