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.
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