Let UhuRuto Run For The Presidency

Debates in Kenya recently revolved around the question whether or not the two suspects who are suspected to have masterminded one of the most heinous tribal clashes in the history of independent Kenya should be allowed to contest the highest office in the land. The discourse has been informed by chapter six of the 2010 constitution of the republic of Kenya which many critics have lampooned as a toothless bulldog that barks without biting and the innocence until proven guilty concept that has been recognized by both the Kenyan constitution and the Rome Statute which creates the international criminal court.

Much has been ignored about the fundamental and constitutionally anchored liberty of the suspect’s political rights as well as their inherent obligation to contribute to the development of this great country either as law abiding citizens and/or international law abiding heads of state. It is noteworthy that the case barring the two ICC suspects from contesting the presidency has numerous shortcomings and may appear superficially as a bona fide legal contest but a critical look at the nature and the manner in which the case was filed clearly reveals that there is more to it than the search for justice and integrity. Some constitutional law scholars have argued that there is no prudence in leaving the fate of the two suspects to a judge who may have their own inclinations and personality differences.  The case at the ICC against four Kenyans is a unique one and should be approached by both the international community and the court with greater circumspection and not in the same way as those such as the Thomas Lubanga’s case brought before the court earlier.  The Kenyan one is characterized by an incredible turn of events and politically-driven. One wonders whether there is a conspiracy of nature and the West to bulldoze this country into engaging the reverse gear and undoing all that the founding fathers achieved in their quest to realize the New 2000 Millennium Dream. Agricultural production, the rains and blessings are diminishing because the ancestors are withholding rain in anger at the sacrifice of just four individuals for the crimes committed by millions and the prosecutor’s declaration that Kenya must be used as a lesson to other African countries in blatant disregard of the prosecutorial duty and the spirit of the international criminal court. The 2007/2008 post-poll skirmishes that went on record due to their speed and spread were as a result of the failure of the country’s leadership (read political class) to counsel the nation at the time when their allegedly wiser brains were in high demand for the exorcism the demons that had taken over. As a country, the republic of Kenya and all rational citizens of the planet earth out there, would wish to see a convincing judicial process that is politics-free, just, procedurally fair and affordable. That’s why 2yrs after Moreno Ocampo’s intervention in a bid to bring the masterminds of the violence to book; I am yet to agree with the ICC process. Lovers of peace and justice- which coincidentally happen to be the benchmarks of Kenya’s national creed would wish that justice be done to all the parties in the case ranging from the suspects to those families that lost their loved ones during that short period the devil decided to visit Kenya.  I contend that Kenya is not a failed state as the international community suggests. History records Kenya to be one of the greatest countries in the continent of Africa with massive potential and blessed with a variety of flora and fauna.

The intention of the creators of the Kenyan constitution was that Kenyans and only Kenyans determine the path they want to follow and determine their destiny. They have a mandate to exercise their sovereign and inalienable right to determine the form of governance of Kenya.

It is too late, in my opinion, for the courts to bar Uhuru Kenyatta and William Ruto from vying for the presidency as it might appear to their supporters as a calculated move by their political rivals to frustrate their bid. Kenyans are currently more polarized and balkanized more than at any other time in recent history. That is why even genuine court decisions are viewed with an investigative eye. In a country where individuals can do anything to sail through regardless of the feeling of the majority, it is imperative that candidates be allowed to be vetted by 14 million voters. A decision to bar UhuRuto with less than twenty days to the election and given the opinion poll’s prediction that this is a tight race is dangerous for the country and the court should put into consideration the current political temperatures.