It is not Kenya which is on trial at The Hague. It is two individuals — President Uhuru Kenyatta and his Deputy William Ruto who are the suspects and are facing charges of committing crimes against humanity. The International Criminal Court has been very clear that political decisions made in countries where indictees come from have no effect, bearing, influence or relations with on-going cases at the court.
It is therefore naïve and hypocritical for both Uhuru and Ruto to drag in their new positions into the cases facing them at the ICC. It will be a big tragedy if their campaign and election were all a strategy to evade or avoid the cases they are facing at the Hague!
The Kenyan people, President Uhuru Kenyatta and William Ruto should face the consequences of their actions and should stop shifting blame and changing goal posts by attempting to change the constitution or even the recent attempt to withdraw the country from the Rome Statute. The International Criminal Court-ICC was set up by the United Nations for a purpose which Kenya and other Africa nations supported as members.
Besides, Kenya is a founder member of the international Court and more so a signatory to its Statute. It is hypocritical now for Kenya to turn around and seek to leave an institution which it played a role in founding. What was the motivation for ratifying the Rome Statute if we had no intention to live up to our obligations?
After all it is the Kenyan MPs who opted for The Hague option despite desperate appeals, advice and attempts by Kofi Annan, retired President Mwai Kibaki and former Prime-Minister Raila Odinga among others to settle on a local tribunal.
President Uhuru Kenyatta and his Jubilee government should stop confusing Kenyans about this matter. Kenyans should not allow themselves to be intimidated and/or coerced by the Jubilee government into supporting decisions which are being made for personal not national interests. Respect for the rule of law and good governance is the least Kenyans can demand from its leaders.
The president should separating his ‘personal challenge’ at the ICC from the government and the people of Kenya. Too many Kenyans lost their lives and properties during the post-election violence of 2007-08 whose ramifications are still being felt today.
Long term national healing will occur if justice for the victims is done and is seen to be done. All perpetrators, big or small, must be able to have their day in court to explain what and why they did what they did. That is the least that Kenyans expect.
The new found solidarity among African leaders who are now speaking against the ICC is also suspect as it may be an indication of their intention to continue to allow impunity to prevail. Respectable and independent minded African leaders like President Kikwete of Tanzania should stand not join the bandwagon in blind support of the AU’s decision to withdraw from the Rome Statute.
Tanzania should stand out in defence of the ICC and ignore the demands of the few African leaders who are still living in the past and who still believe that leadership is the prerogative of tribes, families and a few selected groups.
Denise Kodhe is the executive director of the Institute for Democracy & Leadership in Africa- IDEA
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