Why the ICC is still a major dilemna for Kenya.

[Ab-Titchaz]

Why ICC question is still Kenya's major dilemma

ICC prosecutor Fatou Bensouda (centre) when she visited post-election violence hotspots last year.

By Juma Kwayera

Nairobi, KENYA: That Kenya faces devastating economic sanctions for not heeding warnings that it would be relegated to a pariah state is no longer a threat. It is a reality the country must come to terms with in the next two months, diplomats accredited to Nairobi say.

The international community is once again putting Kenyans on notice even as it faces heavy sanctions in the event the on-going political process interferes with the trial of two of the presidential candidates face.

And the prospects that Deputy Prime Minister Uhuru Kenyatta and Eldoret North William Ruto will be holed up at the International Criminal Court (ICC) at The Hague presents a major political test to the country that has a bearing on its security and stability.

At some stage, Kenya also will have to do with absentee president and deputy president if the Jubilee coalition clinches the election.

Escalating violence in traditionally flashpoint areas has caught the attention of the world with apprehension mounting the country could gradually slip into chaos.

Against this backdrop, the US and Britain have renewed calls for integrity, transparency and legitimacy in the polls slated for March 4 and possible rerun on April 10, which coincides with the beginning of the ICC trials. The warning by London and Washington, from whom other development partners take cue, comes barely two weeks after ICC Prosecutor Fatou Bensouda expressed frustration with Kenya denying the court access to the crucial evidence in possession of the National Intelligence Service.

Powerful nations

It is no coincidence that the two countries, which are influential members of the UN Security Council under whose jurisdiction the court operates, commented on the upcoming polls soon after Ms Bensouda said she would seek assistance from powerful nations to compel the Government to comply and co-operate with the court.

While Britain says it will not have contact with the suspects, the US wants full co-operation with the ICC. The US Embassy further wants gains with constitutional reforms sustained, hence its fears criminal suspects would reverse the agenda. Former Ethnic PS John Githongo, who is versed with how serious communication is couched in diplomatic language, explained that the writing is already on the wall for anybody in the Government bent on subverting the judicial process."We still do not know the implication of resolving a judicial issue using a political process," Githongo told The Standard On Sunday and warned further that doors would be shut on Kenya as soon as the presidential poll results are announced.

Although the two countries, Kenya's leading development partners, did not mention specific consequences or sanctions, they left no doubt they will not be ready to do business with criminal suspects. The two account for more than half of the foreign direct investment in the domestic economy. They are also the leading financiers of social programmes that include education (free schooling), health and security. It is against this backdrop that Githongo, when highlighting the imminent danger Kenya faces, told a Law Society of Kenya forum that there are no two ways about criminal justice.

"Let me note that that same Constitution does not immunise defendants in international courts – whether they are elected officials or not – from the obligations to co-operate in the courts of justice. If a defendant does not co-operate with a court of law, they become a fugitive from justice."

The latest reminder of the consequences the country faces if international criminal suspects are elected to the highest office came from the British High Commissioner to Kenya Christian Turner, who made it clear Kenya risks isolation if suspects of serious crimes ascend to top positions.

"My government's position is very clear. We support end to impunity and support justice for victims of violence in 2007/2008. And therefore my government supports the ICC but that process is a judicial process not a political process," Turner spoke at a meeting with religious in Eldoret town, Ruto's hometown and the epicentre of the 2008 post-election violence he is accused of planning.

On its part, the US embassy is calling for a credible and legitimate process that will restore the country's international standing.

Cooperation with ICC

"The US is committed to continue to support Kenya's ambitious reform process as it prepares for the first national elections under the new Constitution. In the spirit of the new Constitution, which embraces transparency, accountability and integrity, we continue to urge the Kenyan government, the people of Kenya and the individuals involved to cooperate fully with the ICC proceedings and to remain focused on implementing the reform agenda for the future of Kenya," Mr Christopher Snipes, Head of Public Communication at the embassy told The Standard On Sunday.

The US and British concerns come in the wake of fears that Uhuru and Ruto, who are the Jubilee coalition presidential candidate and running mate respectively, are planning to use the presidential poll results to insulate themselves against the charges of cries against humanity. The diplomats have also openly expressed reservations the two would implement the Constitution fully.

However, speaking on the Inside Story talk show on Al Jazeera, Dr Michael Amoah, a political scientist specialising in African affairs at the London School of Economics, highlighted the thinking among development partners with regard to Kenya's vulnerability to growing ethnic tensions that often define election outcomes.

Amoah pointed out the imminent dangers Kenya faces if Uhuru and Ruto resort to invoking immunity from trial by circumventing the legal process instituted by The Hague-based ICC.

The expert said action against the ICC ticket will be swift and ruinous to the economy, with the full impact o the consequences being absorbed by the electorate.

Together with former Head of Civil Service Francis Muthaura and radio journalist Joshua Sang, Uhuru and Ruto are expected to remain at The Hague for two years when the hearing of their cases commence on April 10, less than a month after elections. Amoah warned that the sanctions Kenya faces are punitive after Bensouda expressed concern that Nairobi has politicised a judicial process to shield suspects from criminal justice.

Amoah told panellists who included Prime Minister Raila Odinga's advisor Salim Lone and Ruto's ally Kipchumba Murkomen that the sporadic election-related violence is already eliciting international attention, with the UN Security Council monitoring political developments.

Dr Amoah argued that integrity, transparency and legitimacy of the presidential poll would determine how the rest of the world is going to engage with East Africa's largest economy.

Aware of the consequences, Githongo remarked at the launch of a booklet titled Realising Integrity: Walking the Talk by Law Society of Kenya: "So let me ask the questions that everyone is thinking but is afraid of articulating. The question we must answer as citizens is this: Are we ready to be governed by fugitives from international justice? Dare we risk our Constitution, which denies any person such immunity, to protect fugitives from justice? If we risk the Constitution, are we prepared to gather again, five years from now, to add new names to this list of individuals who have abused state power, profited from impunity and failed to obey the law with no consequences? Do we believe such freedom will still exist for us?"

Standard Digital News - Kenya : Why ICC question is still Kenya?s major dilemma-

 

[Kabaridi]

Cooperation with ICC

"The US is committed to continue to support Kenya's ambitious reform process as it prepares for the first national elections under the new Constitution. In the spirit of the new Constitution, which embraces transparency, accountability and integrity, we continue to urge the Kenyan government, the people of Kenya and the individuals involved to cooperate fully with the ICC proceedings and to remain focused on implementing the reform agenda for the future of Kenya," Mr Christopher Snipes, Head of Public Communication at the embassy told The Standard On Sunday.

in short the writer is testifying that the US is behind all this ICC thing. Kenyans are indeed put on notice. I don't think we r ready to be lead by fugitives. I do not think kenya needs any support to conduct reforms. or who for instance is supporting the current judicial reforms in kenya, is it china?

on reforms rwanda have been "supported" in undertaking reforms in various sectors by the same US, but we have witnesses irrational repressions being applied by a western-backed kagame government on those who oppose the American led rwandese government. Those who oppose the americans have had jail-term!! So you are certainly sure that that is the kind of support we need. Kagame has unwittingly entangled himself into the same mess that DRC has been facing for years since mobutu. Good luck to them.

If this writer is so genuine about reforms, let him give his reaction on the rwanda issue.

 

[Ab-Titchaz]

in short the writer is testifying that the US is behind all this ICC thing. Kenyans are indeed put on notice. I don't think we r ready to be lead by fugitives. I do not think kenya needs any support to conduct reforms. or who for instance is supporting the current judicial reforms in kenya, is it china?

on reforms rwanda have been "supported" in undertaking reforms in various sectors by the same US, but we have witnesses irrational repressions being applied by a western-backed kagame government on those who oppose the American led rwandese government. Those who oppose the americans have had jail-term!! So you are certainly sure that that is the kind of support we need. Kagame has unwittingly entangled himself into the same mess that DRC has been facing for years since mobutu. Good luck to them.

If this writer is so genuine about reforms, let him give his reaction on the rwanda issue.

Please don't think for us with these insinuations morio!

The man is talking about Kenya and not Rwanda for crying out loud.

Stick to the ramifications that this has for Kenya and stop throwing curve balls.

 

[Kabaridi]

Please don't think for us with these insinuations morio!

The man is talking about Kenya and not Rwanda for crying out loud.

Stick to the ramifications that this has for Kenya and stop throwing curve balls.

FYI, if you haven't noticed the spirit of the new constitution ss not one of caging independent thought. The birth of the new constitution does not mean that you can cage "free-thinkers". The ICC is not unique to kenya, yet we can bring other scenarios to compare.

We cannot speak of ramifications of the ICC knowing there are a few indefatigable special interest groups monitoring hate speech on websites, yet politicians have been peddling on hate messages on live televsion. Is it the politicians that give teeth to the special interest groups!? isn't this a smarter way for applying impunity.

I have checked ICC discusiions here and most do not want to analyze anything beneath the I.C.C acronyms, people want to hide their hate beneath the ICC banner. I will also be intresetd to find your views on the reformed judiciary and its ramifications when they start prosecuting perpatrators of election violence after 2013 march. I still maintain Rwanda and kagame is still applicable to our scenario. sweeping reforms that is

 

[Ab-Titchaz]

Kenya's 2013 Elections

Africa Report N°197 17 Jan 2013

EXECUTIVE SUMMARY AND RECOMMENDATIONS



Kenya's elections this year should turn the page on the bloodshed of five years ago, but the risk of political violence is still unacceptably high. A new constitution, fresh election commission and reformed judiciary should help. But the vote, now set for 4 March 2013, will still be a high-stakes competition for power, both nationally and in 47 new counties.

Forthcoming trials before the International Criminal Court (ICC) of four Kenyans for their alleged role in the 2007-2008 post-election violence look set to shape the campaign. The potential for local violence is especially high.

Politicians must stop ignoring rules, exploiting grievances and stoking divisions through ethnic campaigning. The country's institutions face fierce pressure but must take bold action to curb them. Business and religious leaders and civil society should demand a free and fair vote. So too should regional and wider international partners, who must also make clear that those who jeopardise the stability of the country and region by using or inciting violence will be held to account.


Many reforms were initiated to address the flawed 2007 polls and subsequent violence. A new constitution, passed in a peaceful referendum in August 2010, aims to fortify democracy and temper zero-sum competition for the presidency by checking executive power. New voting rules require the president to win more than half the votes and enjoy wider geographic support. Power is being devolved to 47 counties, each of which will elect a governor, senator and local assembly.

Despite recent mishaps, the new Independent Electoral and Boundaries Commission (IEBC) still enjoys public trust. Judicial reform, including the appointment of a respected new chief justice, also augurs well for a more robust response to electoral fraud and disputes.


The new institutions, however, have their work cut out. The ICC proceedings are influencing political alliances and the campaign. The four individuals facing trial deny the charges and maintain their innocence. While the cases aim to erode impunity long enjoyed by political elites and may deter bloodshed, they raise the stakes enormously.

The two most powerful of the accused, Uhuru Kenyatta and William Ruto, look set to contest the elections on a single ticket (Kenyatta for president, Ruto for deputy president). Both have politicised the ICC cases, deepening ethnic polarisation, and have accused Prime Minister Raila Odinga, their strongest opponent, of conspiring with foreigners against them.


The Kenyatta-Ruto alliance would be a strong ticket. Aware that Kenyans want an end to impunity, both have pledged to comply with the ICC, even if they win. Yet, regardless of the outcome of their cases, a president facing lengthy trial before the ICC could potentially have extremely damaging implications for reform and foreign relations, which Kenyatta's backers should ponder carefully.

For the moment, their eligibility to run for office remains in doubt; a case challenging their compliance with new constitutional requirements for public officials' integrity is with a high court and may find its way by appeal to the Supreme Court. Were the courts to find Kenyatta and Ruto ineligible after the closing date for submitting nomination papers on 30 January, their supporters would be unable to choose alternative candidates, which might lead to strong protests and even spark conflict. Dealing as it does with a highly charged political issue, whichever way it goes, the final decision is likely to be contentious. If possible, the date of any decision should be announced in advance so the security agencies and others can prepare accordingly.


Other signs are also troubling. Political parties and politicians flout new rules unchecked. The IEBC's bungled procurement of voter registration kits reduced the confidence it previously enjoyed and suggests it may struggle to resist enormous pressure as the vote approaches. The late start to registration has cut all fat from the electoral timeline, and any flaws will heighten tension. The IEBC must work transparently with parties and other stakeholders to clarify and regularly review the timeline, so as to avoid any further – and highly-charged – delays.


Voter education will be crucial. It is the first general election under the 2010 constitution, with new rules that are considerably more complex than previous polls (each voter will cast six ballots). Limiting confusion and misunderstandings could help reduce disputes and election-related conflict. It is also vital that the IEBC provide sufficient access and information to citizen observers and other civil society groups. They must be able to plan their deployment properly and enjoy full access to every part of the election process, especially the tallying of results. Such groups can also be useful allies in bolstering commissioners' ability to resist political interference.


Insecurity too poses a huge challenge. Despite the reforms, many structural conflict drivers – continuing reliance on ethnicity, competition for land and resources, resettlement of internally displaced people (IDPs), and poverty and youth unemployment – underlying the 2007-2008 violence remain unresolved and may be cynically used by politicians to whip up support. Many of those who fled the turmoil remain displaced. Land disputes feed local tension. Youth unemployment is still very high and, together with poverty and inequality, means a steady flow of recruits for criminal groups and militias that can be mobilised to intimidate opponents and their supporters or protest results, as they have in the past. Attacks blamed on the extremist Al-Shabaab movement and clashes over land can cloak political violence.

Meanwhile, police reform has lagged and the security forces look ill-prepared to secure the polls. An experienced inspector general of police, David Kimaiyo, has been appointed, but the delay in his selection means little time remains for significant security reform. Multi-agency security planning, which has also lagged, must be completed and implemented.


Ethnic campaigning and horse-trading as alliances formed – by Kenyatta and Ruto but also other leading politicians – have deepened divides. How the supporters of either of the two main tickets, those of Deputy Prime Minister Kenyatta and former cabinet minister Ruto running and of Prime Minister Odinga and Vice President Kalonzo Musyoka respectively, would respond to losing a close vote it perceives as flawed, or even to early signs it is falling behind, is unclear.

International partners, including regional neighbours whose economies rely on a peaceful transition, should monitor any signs of interference or violence and weigh in quickly to deter it. Devolution, for all its benefits, introduces new conflict dynamics, as competition between groups for power and resources controlled at county level becomes fiercer.


All these challenges are surmountable, especially given the remarkable determination of most to avoid a repeat of 2007-2008. But they require concerted action by Kenya's institutions and their allies, and – most important – clear signals to leaders who are seen to be prioritising the pursuit of power. The people deserve better. To put the horror of five years ago behind them, they deserve the chance to vote without fear and elect leaders committed to reform and ready to serve society as a whole rather than the narrow interests of its elites.



RECOMMENDATIONS


To President Kibaki and the government of Kenya:


1. Press all candidates to commit publicly to respect election rules, campaign peacefully and contest the results through legal, non-violent means.

2. Continue to urge the national and all provincial security committees to complete security planning, identify vulnerable counties and deploy accordingly.
3. Support the IEBC proposed Joint Risk Assessment and Response Centre for sharing information and coordinating operations among national and local security organisations and committees, as well as civil society groups.


To Kenya's political parties and coalitions:


4. Commit publicly, and together, to respect rules, campaign peacefully, avoid hate speech and divisive mobilisation and pursue any petitions or other election grievances only through legal channels.
5. Recruit party agents early and work with international partners to ensure they understand their role and follow the rules in the polling centres.


To Uhuru Kenyatta and William Ruto:

6. Provide the public with a clear, detailed account of how you would propose to govern while also conducting your defences before the ICC, taking into account the time required and the demands of appearing in person in court on a different continent.


To the Independent Electoral and Boundaries Commission (IEBC) and acting registrar of political parties:

7. Improve outreach and communication with stakeholders, including political parties, candidates, the media and, in particular, civil society, with which a strong alliance is especially important to resist political pressure; and provide citizen observer groups the information they need in a timely manner.
8. Press for all candidates at national and county level and political parties to adhere stringently to the Code of Conduct enacted as part of the 2011 Elections Act.
9. Keep tight focus on operational planning, especially on vote counting and tallying of results, including for the likely presidential run-off; and make results for both rounds publicly available and disaggregated by polling stream to allow for their verification by citizen observers and party agents.
10. Take action, in coordination with the National Cohesion and Integration Commission, against political parties and candidates that violate rules, campaign divisively or use hate speech.


To Kenya's business and religious leaders and other influential citizens, including the media:

11. Denounce publicly hate speech and ethnic chauvinism and use actively their resources for civic and voter education.
12. Consider carefully the implications for Kenya of a president facing trial before the ICC.


To Kenyan civil society groups:

13. Form ad hoc umbrella committees to capitalise on each organisation's expertise and avoid duplication, in order to find a collective voice and increase their influence; continue preparations to monitor the campaign and vote, use parallel vote tabulation responsibly and work with and support the IEBC if it is performing well.


To regional leaders, especially the governments of the East African Community:

14. Send unambiguous public and private messages against political interference with the elections and especially against the use of or incitement to violence.
15. Support the efforts of the joint East African Community election observation team, as well as of other observation missions.


To Kenya's other regional and wider international partners, especially the African Union, U.S., European Union and its member states, UN and International Financial Institutions:

16. Send unambiguous public and private messages that politicians must not meddle with the IEBC or the judiciary and that political violence will be sanctioned, including, if appropriate, by adopting travel bans or asset freezes.

17. Ensure all regional and wider international observation missions deploy early, to as many counties as possible, and cooperate to align their statements and avoid duplication.



Nairobi/Brussels, 17 January 2013

Kenya
​

 

[Ab-Titchaz]

Uhuru and Ruto may be impeached - ICG report

Saturday, January 19, 2013 - 00:00 -- BY WALTER MENYA

UHURU Kenyatta and William Ruto face a possible impeachment if they become president and deputy president after the election, according to the International Crisis Group.

The report entitled'Kenya's 2013 Elections' warns of irreparable economic damage if Uhuru and Ruto win the March 4 polls.

Uhuru, Ruto, former Public Service boss Francis Muthaura and broadcaster Joshua Sang are charged with crimes against humanity by the ICC. Their trials are set to start on April 10 and 11, coinciding with a possible second round of the election.

"The first domestic challenge such a president would likely face would be Article 145 (1) (b) of the constitution, which allows a member of the National Assembly, supported by at least a third of all the members, to move a motion for the president's impeachment on the ground that there are serious reasons for believing he has committed a crime under national or international law."

Furthermore, the report warns that the absence of the President and his deputy would lead to a situation where "day-to-day government would be managed by a leaderless cabinet for the course of the proceedings and little of the reform process would be expected to move ahead."

The Jubilee leaders have been challenged to "provide the public with a clear, detailed account of how you would propose to govern while also conducting your defences before the ICC, taking into account the time required and the demands of appearing in person in court on a different continent."

"On one occasion Mr Ruto has mentioned that he can run the country while at The Hague because of the ICT. That is not enough, both candidates if elected as the president and Vice President will be spending considerable amount of their time at The Hague. It is prudent for them to explain, how during their absence they can manage the affairs of the state," said the author Abdullahi Halakhe, the ICG Horn of Africa analyst.

Internationally, the report foresees diplomatic isolation if the two win the elections.

"If he (Uhuru) were to resist The Hague process, Kenya would be isolated, with major implications for the entire population and socio-economic development. Even if the president cooperates with the court, it would be difficult for many countries to have normal diplomatic relations during the long trial and many donor governments might need to scale back their bilateral assistance," the report states.

The ICG also predicted the erosion of Nairobi's position as a diplomatic capital, departure by some foreign businesses, and a significant drop in foreign direct investment, trade and tourism.

"In case of non-cooperation, it is likely that the UN may curtail its operations in Kenya, and Nairobi in particular. Not only would this mean a loss of business for Kenyan companies, but the numerous UN staff based in Nairobi might also move, with the attendant loss in rental income and spending, which, combined, would have a disastrous impact on the economy," said the ICG.

Uhuru and Ruto have both declared that they will follow "due process" but the ICG believes they may try to get Kenya to withdraw from the Rome Statute once they ascend to power.

Withdrawal at this stage would not stop the ICC from pursuing the charges against them, according to the Rome Statute.

"The most extreme case scenario would be complete non-cooperation, comparable to neighbouring Sudan's President Omar al Bashir, where the president would need to remain in power indefinitely for fear that he would otherwise ultimately end up in The Hague. Such an outcome would be disastrous for Kenya and its business community and the reform process would be irretrievably undermined," the report cautions.

Attempts to establish a local tribunal to handle the PEV cases against the four would pose an immense challenge for the judiciary under Chief Justice Willy Mutunga.

The ICG recognises that the Uhuru-Ruto alliance could lower tension in the Rift Valley, the epicentre of political violence and ethnic tension between the Kalenjin and Kikuyu since the return to multiparty politics.

"Ruto and Kenyatta must navigate the treacherous and mutually distrustful history between their respective communities," the report notes.

The report also warned of the high risk of political violence as politicians compete for new positions such as governors, senators and National Assembly members.

"The worry is the structural drivers of conflicts that caused 2007 election violence are in place, but new issues like the ICC and the MRC are also potential triggers of conflict," said Halakhe.

ICG asked President Kibaki and Prime Minister Raila Odinga to ensure respect for electoral laws, proper security arrangements and unconditional support to the Independent Electoral and Boundaries Commission. The IEBC has also been asked to ensure strict adherence to electoral laws to reduce the risk of a recurrence of post-election violence.

Halakhe said the forthcoming elections if done in a free, fair and peaceful manner, could foster economic growth.

"Kenya has all the ingredients to take off - a robust media, a growing middle class, and a strong civil society, and now even more significantly, a new constitution as well as the new discoveries of oil and gas," he said.

http://www.the-star.co.ke/news/article-103485/uhuru-and-ruto-may-be-impeached-icg-report

 

[Ab-Titchaz]

The folly of one Uhuru Kenyatta...

I CAN RUN KENYA WHILE ON TRIAL, SAYS UHURU

 

[Ab-Titchaz]

Download your copy:

The International Crisis Group Report: Kenya's 2013 Elections Africa Report No. 197: 17th January 2013

 

[Ab-Titchaz]

FYI, if you haven't noticed the spirit of the new constitution ss not one of caging independent thought. The birth of the new constitution does not mean that you can cage "free-thinkers". The ICC is not unique to kenya, yet we can bring other scenarios to compare.

We cannot speak of ramifications of the ICC knowing there are a few indefatigable special interest groups monitoring hate speech on websites, yet politicians have been peddling on hate messages on live televsion. Is it the politicians that give teeth to the special interest groups!? isn't this a smarter way for applying impunity.

I have checked ICC discusiions here and most do not want to analyze anything beneath the I.C.C acronyms, people want to hide their hate beneath the ICC banner. I will also be intresetd to find your views on the reformed judiciary and its ramifications when they start prosecuting perpatrators of election violence after 2013 march. I still maintain Rwanda and kagame is still applicable to our scenario. sweeping reforms that is

Mkuu Kabaridi,

I dont wanna be drawn into red herring arguments and my intent is to keep this thing Kenya and the
implications therein as outlined in the article by the International Crisis group which I have posted
above. This ICC thing is for real and its not going anywhere. The main culprits know about it and
that's why they are engaging top notch lawyers from the Queen's land to argue their case out.
Isn't it ironical that Uhuru Kenyatta, who has been on the forefront of castigating the 'Mzungu' with
the neo-colonial mantra that you bandy about, would engage the same whitemen to defend him at
the Hague? Tafakari.

My comments on the 'reformed judiciary' are reserved because in as much as we want to claim that its
independent we all know that there is still a lot of work to be done. The New Constitution was promulgated
but it has not been implemented...'Given teeth', so to speak. They are still vetting Judges with some still
finding loopholes/backdoors in the system and trying to get back on the bench to continue with their rot and
lackadaisical performance.

Tunajaribu lakini bado hatujafika.

Back to the ICC debacle.

 

[Kabaridi]

Mkuu Kabaridi,

I dont wanna be drawn into red herring arguments and my intent is to keep this thing Kenya and the
implications therein as outlined in the article by the International Crisis group which I have posted
above. This ICC thing is for real and its not going anywhere. The main culprits know about it and
that's why they are engaging top notch lawyers from the Queen's land to argue their case out.
Isn't it ironical that Uhuru Kenyatta, who has been on the forefront of castigating the 'Mzungu' with
the neo-colonial mantra that you bandy about, would engage the same whitemen to defend him at
the Hague? Tafakari.

My comments on the 'reformed judiciary' are reserved because in as much as we want to claim that its
independent we all know that there is still a lot of work to be done. The New Constitution was promulgated
but it has not been implemented...'Given teeth', so to speak. They are still vetting Judges with some still
finding loopholes/backdoors in the system and trying to get back on the bench to continue with their rot and
lackadaisical performance.

Tunajaribu lakini bado hatujafika.

Back to the ICC debacle.

That is the irony of it all, if history still lingers in our minds we are well aware what has happened in the past. As Africans we should wake up and smell the coffee and if we do not see that things are changing it will up to you! We have for a long time toyed and played mr. nice guys with these envoys, and tolerated their posturing. What we are lacking is a leadership that will not toy with these diplomats that lack goodwill for prosperity of every Kenyan which is a pill that others are finding difficult to swallow. We should set to move forward from trying to entrench a spartan-ism or apartheid of sort because these also is not the idea that the new constitution was all about. That unfortunately was the root idea that was driving colonialism.

Black people were to serve the "whiteman" and not gain from the local resources that were lined for europe and other destinations. This being very fresh in our minds, I am taken aback, when a few myopic people kenyans that have suddenly become economically advantaged are resonating with neo-colonialists not knowing it was the resolve of some of those who found Kenya that has enabled them to become advantaged economically. I was thinking very hard what if we had a mobutu?

Since when did African countries need to seek approval from the "big-powers" to run their own development paced to address our own challenges? The acceptable irony is that within those "whitemen" there are those that will not play along with such hypocrites and are well aware of the ICC stint. The case of the mau mau is not a hidden secret. The British have recently destroyed data on Kenya colonial records in addition to denying responsibility for the genocide in kenya, yet I did not hear the mau mau claim that British is frustrating justice! Doesn't by denying responsibility show that the "white-men" have failed to honor the standards of justice they are setting using the ICC?

There are also a group of "white-men" that currently seem to have been released from the bottomless pit, desperately eager to return to safeguard their rots of colonial rule much as most of what they talk is laced with calls for reforms, freedoms, liberties, environmental concerns etc..etc.. and so forth. If the ICC was purely to pursue justice, then I would be more than happy to talk of the ramifications. But since witnessing engineers of violence escaping the ICC, ramifications will have cut both ways.

There have been cheap talk of not being able to sell TEA or COFFEE to the Americas or UK, but there are other markets/BRICS that are open to the world financial system. We seeing a reincarnation of a Richard Nixon era in the Americas, that singlehandedly put America on the track to economic chaos. Am fearing for America that was found by those that believed in freedoms because is been destroyed.