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ICC Judgement Day Commeth

07 Sep

Uhuruto3

In this week’s Star column ICC Judgement Day Cometh I conclude Kenyans, especially those who want either or both Uhuru and Ruto to be nailed at the ICC.

Except:

In the now more than 10 years the ICC has been in existence, there has only been one person who has been tried and convicted by the court, a former Congolese warlord Thomas Lubanga, who was found guilty of using child soldiers.

Altogether, of the 14 cases that have come before the ICC, five have lacked enough evidence to proceed to trial and of the two that have been completed thus far, one resulted in a conviction (the Lubanga case) but the other resulted in acquittal.

Given this record, Kenyans who hope and pray for the day either Uhuru or Ruto or both are nailed at the ICC may as well brace themselves for the real eventuality of both getting acquitted.

There are those saying Uhuruto are moving behind the scenes to have Kenya withdraw its ratification of the Rome Statute.

This is a politically dumb move. There is no reason for Uhuruto to seek Kenya’s withdrawal from the ICC because as noted above, the ICC has a dismal record of convicting those charged before it. There is really nothing to worry about there for Uhuruto as they will in all likelihood be acquitted.

We have already witnessed the telltale signs of the looming collapse of the cases against Uhuru and Ruto and that is the recanting or withdrawal of witnesses. Some other witnesses have passed on.

Meanwhile, even though it is not known who the remaining witnesses are, one can take it to the bank that their testimony will be ripped to pieces by Uhuruto’s legal team such that by the time it’s all said and done, we’ll have an outcome similar to one of the only two cases ICC has ever concluded that resulted in an acquittal.

That said, the trial itself could be very interesting purely from a legal stand-point because it’s inevitable that Uhuru’s defense may raise issues implicating Ruto and vice versa, unless for convenience, they both choose not to pursue the respective defenses making conviction more likely for either or both.

In the remote chance either or both Uhuru or Ruto are convicted, the only real consequence Kenyans could feel is a move to impeach either or both and that in itself would be something to behold, given the political climate in the country.

On the other hand, Uhuru and Ruto, if convicted, will in the eyes of the world be in the same status as currently because a conviction is not deemed final unless all appeals are exhausted and one can be sure whoever is convicted will appeal and that will take years to resolve.

By then Uhuruto would have completed their first term. If re-elected cleanly or with the aid of rigging, the Appeals Chamber will simply reverse their convictions convinced neither will ever step at the Hague to face charges should the conviction be upheld.

That’s our Kenya and only God knows when this “they’re finishing us” prophylactic tactic will ever cease to be.

In the now more than 10 years the ICC has been in existence, there has only been one person who has been tried and convicted by the court, a former Congolese warlord Thomas Lubanga, who was found guilty of using child soldiers.

Altogether, of the 14 cases that have come before the ICC, five have lacked enough evidence to proceed to trial and of the two that have been completed thus far, one resulted in a conviction (the Lubanga case) but the other resulted in acquittal.

Given this record, Kenyans who hope and pray for the day either Uhuru or Ruto or both are nailed at the ICC may as well brace themselves for the real eventuality of both getting acquitted.

There are those saying Uhuruto are moving behind the scenes to have Kenya withdraw its ratification of the Rome Statute.

This is a politically dumb move. There is no reason for Uhuruto to seek Kenya’s withdrawal from the ICC because as noted above, the ICC has a dismal record of convicting those charged before it. There is really nothing to worry about there for Uhuruto as they will in all likelihood be acquitted.

We have already witnessed the telltale signs of the looming collapse of the cases against Uhuru and Ruto and that is the recanting or withdrawal of witnesses. Some other witnesses have passed on.

Meanwhile, even though it is not known who the remaining witnesses are, one can take it to the bank that their testimony will be ripped to pieces by Uhuruto’s legal team such that by the time it’s all said and done, we’ll have an outcome similar to one of the only two cases ICC has ever concluded that resulted in an acquittal.

That said, the trial itself could be very interesting purely from a legal stand-point because it’s inevitable that Uhuru’s defense may raise issues implicating Ruto and vice versa, unless for convenience, they both choose not to pursue the respective defenses making conviction more likely for either or both.

In the remote chance either or both Uhuru or Ruto are convicted, the only real consequence Kenyans could feel is a move to impeach either or both and that in itself would be something to behold, given the political climate in the country.

On the other hand, Uhuru and Ruto, if convicted, will in the eyes of the world be in the same status as currently because a conviction is not deemed final unless all appeals are exhausted and one can be sure whoever is convicted will appeal and that will take years to resolve.

By then Uhuruto would have completed their first term. If re-elected cleanly or with the aid of rigging, the Appeals Chamber will simply reverse their convictions convinced neither will ever step at the Hague to face charges should the conviction be upheld.

That’s our Kenya and only God knows when this “they’re finishing us” prophylactic tactic will ever cease to be.

– See more at: http://www.the-star.co.ke/news/article-135092/icc-judgment-day-cometh#sthash.Fs0Gt3lj.dpuf

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3 Comments

Posted by on September 7, 2013 in Uncategorized

 

3 responses to “ICC Judgement Day Commeth

  1. VICTOR

    September 8, 2013 at 4:29 PM

    CONFUSED PERSON

     
  2. COUNSEL TIMNAH

    September 9, 2013 at 3:21 AM

    of course uhuruto will be acquitted, with the witnesses withdrawing from the case then it means the prosecution have a high likelihood of loosing the case, remember that the office of the DPP here in Kenya is not giving any support and/or evidence to the ICC prosecution hence the matter in question will and must fail

     
  3. Macharia karanja

    September 10, 2013 at 8:50 AM

    All along I knew that Omwenga was not as irrational as he posed. The truth shall set us all-free!!

     

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