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Monthly Archives: October 2013

ICC Has Postpned Uhuru’s Trial; What Next?

ICC-Hague

Uhuru Case Deferred To February 2014

Today’s decision by the International Criminal Court (ICC) to postpone President Uhuru Kenyatta’s trial to February 2014 in response to his application is good news for him but bad news for his deputy William Ruto.

Good news for Uhuru because it gives him more time to work on getting a deferral from the UN but bad news for Ruto because he could be nailed by then, even though I doubt he would be as I have always maintained.

One can never be absolutely be absolutely certain of the outcome a trial until it’s over, however.

There are many cases where there’s even unanimity among the experts that someone walks free following a trial but is nailed instead and vice versa.

As for Uhuru, this is all good news and let me posit here for the first time something that I think could happen and that’s the UN Security Council–or at least the more influential members of it on this (read the US) can use Uhuru’s application pending with the court and the basis for this postponement as a vehicle to get out of the difficult position it finds itself between going against the wishes of the entire AU or granting a deferral which could also be problematic as it would set a precedent Al Bashir could also exploit–a no-no even among those members who are sympathetic to Uhuru’s case for a deferral.

Under this scenario, the influential member could have the ICC basically directed to grant Uhuru’s application and have the case against him dismissed on that basis.

This will give Uhuru and AU what they want without opening a door for Al Bashir to get the same relief while ensuring continuing viability of the ICC, which is what the UN wants.

You can see that would leave Ruto hanging in the air–no pun intended.

Interesting days lie ahead, indeed.

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Posted by on October 31, 2013 in Law, Politics

 

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Raila and CORD Likely To Support Deferral of ICC

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According to the Daily Nation every indication is Raila will lead CORD in supporting Kenya’s latest effort for a deferral of the ICC cases.

This is good development and now we can focus on finding a local solution some of us have been advocating to be compensation for the victims and establishing of a tribunal to among other things bring about truth and reconciliation.

The argument this has not been done before is irrelevant as the question is what can we do from where we are without making things worse or maintaining status quo at best, which means usual politics of destruction.

We’ve got to get past that and set our country on a path of economic and political development and progress that’s eluded us for decades and this is the time to get it right.

Politics shall be for another day.

2017 but what we do today will have a bearing as to that exercise.

Again, Raila and CORD will make the right move in supporting ICC deferral and push for a local solution which I am sure the other side will readily accommodate for the benefit of all.

 
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Posted by on October 28, 2013 in Law, Politics

 

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Raila and CORD Should Support ICC Deferral

CordLeaders4

According to the Standard,  former Prime Minister and Coalition for Reforms and Democracy (CORD) co-principal Raila Odinga will Tuesday lead emergency talks involving opposition MPs over the ICC.

There is no doubt at the center of these discussions will be the question what position should CORD take relative to the question of whether the ICC process should go forward on the track it’s on or should it be terminated and/or deferred as Uhuru and his deputy and more so Uhuru now seeks.

I am fairly confident the former PM will be under great pressure to call for continuation and conclusion of the ICC process at the Hague but wiser counsel would be for him to lead CORD into taking the position CORD supports termination and/or deferral of the cases as well as finding a local solution that can bring about closure to this tragic chapter of our country’s history.

That will be the right call given all the circumstances and certainly the best in the interest of the country’s unity going forward.

 
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Posted by on October 27, 2013 in Politics

 

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ICC Is No Solution To 07 Post Election Violence

Uhuruto14

In my column this weekend ICC No Solution To 2007 Post Election Violence, I continue to make the case the ICC cases should be terminated and/or brought back home for a local solution.

Excepts:

Contrary to what many believe, all indications are that justice for post-election violence (PEV) victims cannot be had at the International Criminal Court. Neither would closure of any kind be had there for this dark chapter of our country’s history.

This is true regardless of what one believes “justice” to be for PEV. There are those who believe the trial, conviction and jailing of the ICC suspects is what justice calls for while there are those who believe such an outcome would be the very definition of more injustice from the imperialist west.

No surveys have been done on this but one would have to assume the country is divided almost evenly as to who is on what side of either of these two sides.

This is why Ruto walks even before the gory details of the crimes committed are considered. As previously argued by this writer, Ruto walks, the president walks as well because it’s unfathomable that a sitting president could be convicted under these circumstances, especially given the genesis of these cases.

To be sure, it’s equally unlikely the prosecutor can satisfy the technical requirements to convict under which Ruto walks as regards to Uhuru. The only way that happens is someone like Muthaura singing like a canary but we know that won’t happen so no case there either.

All this, then, leaves as the only viable solution terminating or deferring the cases and making it possible to create a mechanism by which the victims can be compensated while there’s a quest for true peace and reconciliation between and among those who were affected and all Kenyans.

Contrary to what many believe, all indications are that justice for post-election violence (PEV) victims cannot be had at the International Criminal Court. Neither would closure of any kind be had there for this dark chapter of our country’s history.

This is true regardless of what one believes “justice” to be for PEV. There are those who believe the trial, conviction and jailing of the ICC suspects is what justice calls for while there are those who believe such an outcome would be the very definition of more injustice from the imperialist west.

No surveys have been done on this but one would have to assume the country is divided almost evenly as to who is on what side of either of these two sides.

– See more at: http://www.the-star.co.ke/news/article-141137/icc-not-solution-poll-violence#sthash.04KbdCK4.dpuf

 
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Posted by on October 26, 2013 in Law, Politics

 

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Pursuing ICC Cases Is Now Counter-Productive

scale-of-justiceIn my Star column this weekend Pursuing ICC Cases At The Hague Is Counter-Productive, I continue to make the case why the ICC cases should be terminated or at least brought back home.

Update:

Note the language in italics and bold in the Standard new item below, which is what I have been and continue to argue as a solution and cloture to this tragic chapter of our country’s history.

By Alex Ndegwa and Geoffrey Mosoku

Nairobi, Kenya: MPs from both coalitions are working on a bi-partisan plan to shore up Kenya’s bid to have International Criminal Court (ICC) cases against President Uhuru Kenyatta and his deputy William Ruto suspended.

The Standard established the group of MPs from ruling Jubilee and opposition CORD held first talks at Parliament Buildings last Thursday.

Today, the MPs pressing for an Inter Party Parliamentary Group (IPPG) forum to broker a deal on ICC cases are scheduled to have another meeting.

At least 25 MPs are involved in the initiative “to provide a bi-partisan backing” for the government’s petition to the United Nations Security Council (UNSC) for deferral of the cases for one year.

But the parliamentary initiative, according to a working document seen by The Standard, acknowledges deferral only “postpones the problem” and is exploring a “sustainable solution”.

That includes establishing a domestic justice mechanism to petition the ICC to refer the cases, compensation of victims and a truth commission on the 2007 post-election violence.

The team led by Kitutu Chache South MP Richard Onyonka claims its motivation is “finding a Kenyan-driven solution to the ICC cases, anchored on ensuring justice for the victims, fostering national reconciliation while preserving Kenya’s sovereignty and territorial integrity”.

Security Council

It is seen as an attempt to forge a bi-partisan resolution to bolster Kenya’s petition to the UNSC, after the acrimonious fallout following the Jubilee-backed resolution to end the country’s membership of the ICC. Instructively, the new initiative urges government not to sever ties with ICC but press for reforms of the court at a meeting of State parties scheduled on November 20 to 28.

Citing the African Union-backed Kenya’s petition to the UNSC calling for deferral of cases before President Uhuru’s scheduled appearance at The Hague on November 12, the MPs say it would be critical for the National Assembly and the Senate to provide a bi-partisan backing for this process.

“A bi-partisan motion in this regard would send a strong message to the UNSC that this is a national matter that enjoys broad domestic support,” the document reads, citing the council acknowledged the Westgate terror attack constituted a threat to international peace and security.

Fore more, go to Cord/Jubilee MPs Seek Deal Over ICC

 
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Posted by on October 19, 2013 in Uncategorized

 

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Why Uhuru Should Skip ICC Cases

Uhuru_Oct2013

In my Star column this weekend Why Uhuru Should Skip ICC Trials, I continue to make the case why I believe these ICC cases should be terminated or brought back home for resolution according to our own terms, circumstances and values.

 
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Posted by on October 12, 2013 in Uncategorized

 

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The Truth About Kenya’s ICC Cases

Uhuruto14

In my Star column this weekend The Truth About ICC Cases, I continue to make the case the ICC cases against President Uhuru Kenyatta and his deputy William Ruto as well as Joshua arap Sang’s must be terminated and/or referred back home for our country to fashion a solution that can ensure justice for the victims and bring closure to this tragic saga of our beloved country’s history.

Ask any Kenyan what they expect from the ICC cases and you will get a response from nearly all of them that they want “justice for the victims of post-election violence” or some variation of this notion.

However, what “justice” is or means for any of them is not the same thing. On one extreme, nothing short of trying, convicting and hanging the ICC suspects would be deemed to be justice.

– See more at: http://www.the-star.co.ke/news/article-138569/truth-about-icc-cases#sthash.NWqsSfp8.dpuf

 
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Posted by on October 5, 2013 in Uncategorized