Monday, September 16, 2013

WHERE WILL HATE SPEECH TAKE US? Politicians, STOP Polarizing Our Kenya!


They said, 'Politics is a dirty game', and indeed, politicians have mastered an art of tarnishing each others name trying to woo more supporters. I categorically want to single out the CORD members who find pleasure in polarizing Kenya for their own selfish gains. During public gatherings, the CORD leaders pathetically wage a battle of words against the President, His Deputy and the Ruling coalition. It seems their only mission and passion is in declaring a political unnecessary war. At a recent rally, Machakos Senator Johnstone Muthama publicly talked of how he hated Kikuyus and how he would have made sure that the President and his Deputy could not be the Country's leaders were he the Sec-Gen of the U.N. for their cases at the ICC. On other occasions, the CORD leader was heard painfully and emotionally terming the Presidents' act of issuing Title Deeds at the Coast Province as a secretary's job! One would wonder where the problem with that was! Does it mean that if Raila was the president, he would be a Boss, and not a people's elected servant? This questions begs an answer. I wonder why Muthama has not yet been charged with hate speech or investigated for his utterances. The ongoing trial at the ICC has seen major war on social media between the Jubilee and Cord supporters who brand each other as the enemy, whereas we are all Kenyans. Political Bigwigs have nothing to lose and we strangle each other in the name of supporting! Methinks the only way is to stand by your Leaders/Parties, but not die for them. Ask yourselves, would they or their children do the same for you?
During campaigns, they beg for your vote but after that, they disappear. Losers or winners in an election or any other competition ought to hug each other and accept that your opponent was better, and not whine of how they did not win accordingly! My own opinion is that if the majority voters feel insecure when offering you that mandate of being their leader, then there's no way they will give that so important role. That was what the now infamous statement,"Tyranny of Numbers" did. By uniting and supporting their leaders, an election was won. Even if becoming 2nd with only a small difference, then you are not the rightfully elected, rather, you are the rightful loser. (#SomeoneshouldtellRaila). During the Post Election Violence, the people who clearly called for the mass protests that led to the death of 1200 kenyans are not at the Hague. Ocampo did a shoddy 'investigation' by relying on the list of 'witnesses' and 'suspects' handed to him by the KNHRC led by Maina Kiai. A case of this magnitude should have been carefully and professionally investigated to the bottom. How on earth did Ocampo conclude that the suspects named were really the masterminds to grant them the ICC ticket? My opinion is that the list was orchestrated by some few people who didn't want their own at the hague. They wanted out of the ICC and the hectic trial that would be. Didn't the Luos, Kikuyus, Kambas, Kisiis and Kalenjins massacare each other? Did all these tribes, which openely were against each other(thanks to the politicians) have different leaders whom they supported? Well, someone should make me understand how it ended up being only two tribe with suspects at the Hague. But that's not my argument here. It should be made clear who the real warlords were. A warlord declares war and his people fight for him first, then themselves. We all know who the warlord in this case is. So, i urge all kenyans to consider their actions first before taking them. Would it benefit you or not? Is there any politician worth dying for? Is there any reason to hate your fellow country men/women because of their ethnicity? Kenya ni Jina, Nchi ni Wewe.
If we Kill each other, then we have Killed Kenya. And to the politicians who care about themselves, let them know that Our country is not their backyard where they can seperate at will. Watch your tongue before spitting that hate line!!!

ICC WITHDRAWAL, LONG OVERDUE: THE TIME IS NOW


Kenya is a sovereign State; this is one of the key contents provided in the preamble of our Supreme Law. This is a critical issue that every patriotic Kenyan must jealously safeguard. To regain our national Independence from colonialist in 1963, our forefathers went to the forest to fight for our nationality and freedom. Thousands were killed, tortured, maimed raped and subjected to slavery, anguish and untold slavery. The freedoms we enjoy today cannot, therefore, be underestimated in honour of the sacrifice of our fallen heroes and heroines. In August 2010, when the current constitutional order was promulgated, it brought along a raft of changes to strengthen our national institutions including the entire justice system. This development has injected new breath in our public institutions thereby restoring the eroded public confidence. Now, we can proudly say, as a country, we have a credible and autonomous judiciary and other constitutionally-mandated structures of government firmly anchored by the Constitution. During the passage of this order, Kenyans, without coercion were cognizant of the overwhelming need to protect their national sovereignty from being subverted. Sadly, in 2010, the immediate former Prosecutor of the ICC Luis Moreno-Ocampo announced that he was seeking summonses for six people: President Uhuru Kenyatta, Deputy President William Ruto, the then Education Minister, former Industrialization Minister Henry Kosgey, former Cabinet Secretary Francis Muthaura, radio journalist Joshua Arap sang and former police commissioner Mohamed Hussein Ali – all accused of crimes against humanity. The six suspects, known colloquially as the ‘Ocampo Six’ were indicted by the ICC’s Pre-Trial Chamber II on 8 March 2011 and summoned to appear before the court. On 23 January 2012, the Pre-Trial Chamber II confirmed the charges against Kenyatta, Muthaura, Ruto, and Sang and declined to confirm the charges against Ali and Kosgey. Thereafter, the case against Muthaura collapsed for lack of substantial evidence. Today, the list of witnesses that ICC prosecutor Fatou Bensouda was relying on, is crumbling fast with scores of witnesses recanting their evidence for varied reasons. The cardinal factor at hand is whether we as a nation expect justice will be served given that majority of the witnesses whom the prosecutor relied on to confirm seemingly flimsy charges against our leaders have recanted their testimony as false. In my opinion, this is one of the serious indictments of the prosecutor’s office of the International Criminal Court showing how shallow and quite possibly, shoddy investigations were carried out. It is on this basis that Kenya, a sovereign state of 40 million people has spoken through their democratically elected leaders to withdraw as signatories to the Rome Statute. During the recent African Union summit on May 26-27, the African Union’s Assembly adopted a decision requesting the Court refer back to Kenya the cases against President Kenyatta and Ruto. The Assembly was categorical that judicial practice must be conducted in a transparent and fair manner, in order to avoid any perception of double standard, in conformity with the principles of international law. This was just the latest in a series of decisions since 2008 in which the AU expressed its displeasure with the ICC. The chairperson of the Assembly, Ethiopia Prime Minister Hailemariam Desalegn said African leaders came to a consensus that the ICC process conducted in Africa is flawed.
The purpose and principle of ICC was to avoid any kind of impunity but now the process has degenerated to some kind of race-hunting rather than fight impunity. In 2009, Benin’s President Boni Yayi expressed serious concerns that the Netherlands-based court is “chasing Africa”. Claims of inefficiency and unwarranted targeting of African leaders are some of the claims raised internationally against ICC since its inception in July 2002. If this is anything to go by, ICC has depicted itself as a Western court out to try African leaders. Kenya is a stable sovereign State that has retained stability as manifested in the just concluded March 4 General Election. If indeed the ICC is interested in safeguarding justice, why has it turned a blind eye to countries operating in anarchy, massacre of civilians and other serious crimes all over the world? Why have they technically limited their preoccupation to Africa? These are fundamental questions that need interrogation. In any criminal justice system, unless other forces are at play, political or otherwise, quest for justice is the primary objective rather than selective administration of justice. Obviously, for a court with a mandate to investigate and prosecute genocide, crimes against humanity and war crimes, the political stakes are high. However, the objective of such an important institution should not appear to push an agenda for some powerful sates. Kenya’s initial steps to withdraw from the Rome Statute and the solid backing of other African states should inform serious engagement within the African continent to form and finance an African court where African affairs can be handled openly, and without prejudice. Kenya needs home-grown solutions that are genuinely domesticated for betterment of the country, region and African continent as a whole. BY MACHEL WAIKENDA