In What ICC Outcome Means For Kenya, published in the Star today, I revisit the ICC issue and analyze it from an historical and comparative perspective and make the case we should not seek or desire a solution that makes the situation worse than it is. I in particular urge all Kenyans and in particular the victims to be prepared to forgive and move on for it’s unlikely there will be an outcome from these trials that satisfies all to the same level of satisfaction.
In other words, in order for justice to be deemed as having been served, both Uhuru and Ruto must be convicted.
If one and not the other is acquitted while the other is convicted, we’ll have a situation as often occurs in medicine where the cure is worse than the ailment in the sense that this will worsen the already bad blood between two communities in particular while dividing the country as a whole as others take side.
On the other hand, if both or all suspects for that matter are acquitted, many will cry foul or at least see the whole ICC things as a joke or meaningless.
I have in the past argued that these cases should be brought back to Kenya and set up a system for the victims to be tried for regular crimes they may have committed under the Penal Code and if not convicted under the higher threshold of proof for criminal conviction, they can be tried under civil law and if found liable be required to pay monetary compensation to the victims.
After these two suspects, namely, Uhuru and Ruto had the audacity to basically flip the whole country and, indeed, the whole world and declared that they will seek both the presidency and vice-president as the respective candidates for those positions under their recently formed so-called Jubilee coalition, I have changed my mind and now hold the view let these trials go on at the ICC and let these two be convicted if anything to show it’s the law and respect of others’ human rights which is paramount, not them.
Put another way, if in the past one could have assessed the evidence and found it possible to go either way in terms of whether to convict or not, these in your face “we are too important to be bothered with these trials we deem to be a nuisance and nobody can tell us otherwise” attitude must tilt the scale in favor of convicting them just so they know and understand they are not.