Tuesday, 22 October 2013
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)...
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