SEVENS REASONS WHY UHURU MUST NOT SKIP THE ICC-Ochengo Onguso

Exactly a month to the D-Day with the Hague, the question is whether Uhuru should attend the ICC trials or not. No president in the world has ever been under the dilemma the son of Jomo is right now. This is a double pronged question. First, i have to submit that it could have been easier for Uhuru had he not been the president. By now he could have been sure he will be at the Hague as an individual come 12th November. However, the problem is whether he should take the presidency to the Hague. The Bible says the soul is willing but the body is weak. In Uhuru's case, the individual is willing but the presidency is strongly opposed. The issue of sovereignty arises. again, Uhuru is more fixed by our own constitution than the Rome Statute does. Article 143 deals with immunity of the president against any form of criminal proceedings and civil proceedings in relation to things done or not done under the constitution. What pushes Uhuru off the cliff is article 143 (4) which EXPRESSLY states that the immunity of the president does not extend where the president is to be tried under an international treaty to which Kenya is party to. To this end, Our president can be tried and he has a duty, a responsibility and an obligation to submit himself to the process of criminal trial at the Hague. This is reinforced by article 10 of the constitution on national values and principles and further cemented by the provisions on the functions of the president one of them being promotion of the rule of law. The dilema for Uhuru them is not whether the ICC should try him or not for that is in accordance with our constitution. Trouble arises on where to conduct the trials. There were 2 options to save him. one, ICTR of Arusha but this prayer was rejected all together. The only option remaining is tel-conferencing. This is yet to be decided upon by the ICC Judges. This will either save the dilemma or worsen it. The Africa Head of States are a bunch of short-sighted fellows and they cant stand to protect one of their own except in word but never in deed. in word they are together in deed they swim differently (refer to Muammar Gaddafi's downfall). secondly, Uhuru has a VERY strong opposition back at home. If he fails to co-operate with the ICC and the economy worsens through travel advisories or demonstrations of agitation, the repression to quell such must be forceful and that invites the WEST to leak his blood in support of the opposition. with recent lack of co-ordination against at most 15 gunmen, by the government's apparatus of violence, this wont be a difficult task for the WEST. quit unfortunate that our "FRIENDS" China, Russia and the distant North Korea do not have the courage or stamina to match the WEST militarily-and of all things not for Kenya's sake. in short, the AU resolution is or will be clouds that cannot stand strong wind if the WEST coughs...If he goes to the Hague, his power is safe considering only a vote of no confidence can dislodge him which is impractical by all means. secondly, the Opposition can only make verbal atacks and the Swahili say, "maneno hayaumi, hayaui'-words dont bite and dont kill. third, he wont risk betrayal of the infamous AU and inaction of the 'East'. Fourth, he wont risk worsening of the economy and reason for the 'exclusionary' West to invade. fifth, he will be within the constitutional provision of article 143 (4) on submitting himself for criminal trial. Sixth, his case has been given impetus by the Muthaura 'let-off' and frustration of the prosecution by withdrawal of key witnesses against him. if vindicated or rather when vindicated, he will be the Head of State to bring down ICC for if Uhuru and Ruto are let free, the ICC will loose its legal legitimacy. He will laugh last. seventh, Uhuru must by all means be cautious of being overtaken by Ruto. by Ruto submiting himself and the president not, Ruto will overtake Him considering the international freedom of movement he will have over Uhuru. However, if Uhuru doesnt go, an arrest warrant will be issued against him which will haunt him for over 10 years for it cannot be reversed, the economy wil be a mess altogether and when the economic worsens even his ardent supporters suffer meaning reluctance to protect him and his government giving the opposition leverage. Parliamentarians when threatened by the masses shift their eyes from saving the government to saving their image in the public court-look at democratic members of congress over US military intervention in Syria- and a vote of no confidence if well cooked by arousing the emotions of masses will be potent. a weakened president= strengthened witnesses at the ICC hence against UHURU. Uhuru's going to the ICC is a balance sheet with debits and credits. on my balance sheet, Uhuru will have more credit by going than the sure debits (this is if the tel-conferencing trial is denied)...