Friday 11 October 2013

Of pulling out of ICC, and elusive justice




If news doing rounds in the local scene are anything to go by, it is little secret the H.E the president of the Republic of Kenya, who is a suspect at the International Criminal Court, will not attend the hearing of his case, a move that is set to stir a heated debate over the fate of the victims of Post Election Violence.

President Kenyatta, together with his deputy and Radio journalist Joshua Sang are facing war crimes and crimes against humanity leveled against them by The Hague based court.
A fortnight ago, cabinet secretary in charge of foreign affairs insinuated that at no time in history has any head of state appeared before any court of law to answer to criminal charges.
“No” to Rome statute
Little wonder that she confirmed what the Kenyan parliament has been mulling over for quite sometimes now.
For the record, parliament has been preparing a motion to pull Kenya out of the gnashing jaws of the ICC, a motion that “is set to be tabled at the floor of the House soon,” Majority leader Adan Dualle told the press in Nairobi.

As the government grapples with the question of how to deal with the trials which have claimed the audience of the top most echelons of power , thousands of victims, still languishing in appalling conditions inside tents say any remaining hopes of ever getting justice now hang on the balance.

Political pundits have predicted dire consequences for the East African nation if the presidency makes the move, and a stall in international relations will be among the short term implications as the outside world supposedly slaps Kenya with economic sanctions.

However, a survey conducted by a private media house indicated that most Kenyans were contented with the presidency skipping the trials, claiming that the country is sovereign, while a handful thought that this will promote a culture of impunity in a country reeling from the aftermath of the 2007 post election crisis which claimed the lives of at least 1000 people.
Permanently disabled
Scores of others were injured, while dozens remain maimed, permanently disabled and unable to fend for themselves.
More than 500, 000 were also left landless and consigned to the tents.

The president is on record promising to honor court summons and to appear before the ICC, and many have now been left wondering, why the cold feet? Why now?
His deputy is already at The Hague where he is attending a hearing of his case. His conformity with the ICC could only fuel speculation that his senior will follow suit and take his stand, in a move that could have given the victims a lifeline, as justice could have been done, or be seen to be done.
nothing happened after the 2007 election
In a worst case scenario where the presidency gives the court a wide berth, PEV victims will be handed a final and fatal blow as there is nowhere else to turn to, sadly, and as expected, there is not even a local mechanism to try anyone.
It is like nothing happened after the 2007 election.
The question remains, who will fight for the victims?

The move might been seen as the best by the powers that be, but, what if a repeat of the violence recurs in the near future?
Who will try who?
Will justice be meted on the victims and the perpetrators of the violence?
What will happen to that man or woman who saw his or her children been butchered, just because they came from the wrong tribe?

Will the woman who was burnt but survived to tell the story ever get justice?
What about the orphaned? Their lives were turned into nightmares after their parents were butchered by bloodthirsty goons, all in the name of politics?
What about the yelling voices of women and children who were burnt to death inside a church where they had sought refuge, will their spirits be avenged?
Who performed the atrocities?
What happened to more than the reportedly 500 people named by the Commissions of inquiries formed to investigate the violence?
Where will they be tried, who will try them, what happened, why is there no local court trying them?
Was the ICC the only path to justice?
Where are the human rights activists, the defenders of the poor, the champions of justice?

Kenyans and the government will wish the above questions away, simply because you were not affected does not mean you will never be affected. Next time it might be you.
Sadly, it is like hiding our heads in the sand to avoid seeing a disaster.
I rest my case, hoping that God will hearken to the cry of the victims, the wretched of the earth.


GOD BLESS KENYA.









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