Cabinet Fails to Disappoint

The search for justice on post poll violence in Kenya has taken a new twist. The cabinet has finally made its position known that indeed it does not have the guts to let any of its own brought to books.
Yesterday, (July 30, 2009), the president with a lieutenant of cabinet ministers made his stand known regarding the fate of the post election violence perpetrators, dealing a big blow to a large section of the Kenyan population who have called for the Hague option.

The cabinet seem to have been categorical in its view of the situation. The president indeed made it clear to the media and the public at large that a Hague or local tribunal option does not come in the picture.

What then is the way forward for the debate on prosecution of the perpetrators? The cabinet proposals revolve around an old idea whose mention has deafened ears by now. It's all about reforms in the judiciary, police force and related institutions to pave way for an effective court system to try the post poll suspects. The choice for the Truth, Justice and Reconciliation Commission is no stranger to many a watchful Kenyan. Its hurried formation despite hue and cry from a section of the Kenyan society was suggestive enough of a choreographed idea.

Different Story,shared destiny

For a long time now cabinet has not come out with a common front on this issue but yesterday seems to have signaled a turn of events on a compromised position indicating that the Kenyan cabinet is not ready for any directions either from Koffi Annan, Ocampo or any other foreign body or person out to suggest or dictate the modus operandi of the whole justice process.
Indeed as it has been pointed by many people across the divide, the idea of giving government a leeway to decide on the process was indicative of the cow given a choice of a slaughter house. The Waki report contains names of the high and mighty in the political and business scene and as such therefore, interests have to be protected.
The 2012 race reminds us that we need each other as politicians and businessmen, none is indispensable. It is in this spirit of give and take therefore that cabinet has found it wise to rubbish calls for international prosecution and any other instruments of justice that are likely to be detrimental to status quo.
What is left for Ocampo? A pull out from ICC a tenable option?

Reality Bites

The fate of alleged post election violence suspects in Kenya is now very real than never before and every minute of the day reminds suspects of the prospects of spending years arguing out a case in the Hague.
It has never sounded or seemed like this. For sometime now, politicians across the political divide have exchanged bitter words and others even bragged of their courage and ability to handle the possibility of being a visitor of the world court.
Like never before, life of many a politician in Kenya looks dull and confounding. The courage and power to ignore threats seems to be fizzling out by the day. The analogy of the cat hiding behind the lion and threatening to unleash terror on would be enemies only to chicken out when the lion leaves the stage perhaps explains the scenario in Kenya.
It is no wonder therefore that even those who drummed up support for ICC seems to be backing off and instead calling for a Truth Justice and Reconciliation Commission (TJRC). Moreso, others are ready forewarning the public about their names appearing in the envelop and seemingly exonerating themselves way in advance.
The power to read what is inside a closed envelop is Kenya's newest discovery and may be worth recommendation by the tourism board to potential tourists and to scholars, a fertile ground for research.
The international community's intervention led by the EU is a significant move towards the conclusion of the big debate between the envelop and the local tribunal which interestingly is taking the way of the age old argument on the egg and the chicken.
However on a lighter note the prosecutor at ICC has given the country another six months to come up with the necessary mechanisms to handle try the post election perpetrators, a case which helps engage the public discourse for quite a considerable time again.
The interesting thing though is that 2012 is not far and the way of the ballot will soon be nigh. Therefore the fate of many politicians in the next general elections will be dictated to a great extend by the outcome of this case. Perhaps many will lose out and to others a major victory since many will ride on the results of the Waki report.

Finally, the Envelope is Gone

Gone with the wind to the desk of Moreno O'Campo. Indeed it is gone and the rest is O'Campo's.
Yes finally, the former UN Chief and peace negotiator in post poll violence in Kenya Dr. Koffi Annan has ultimately put the case to rest.
He has finally handed over Kenya's Pandora's Box to the International Criminal Court, the land of teeth gnashing and groaning.
A Twist of Fate
This perhaps partially closes the chapter of horse trading, threats, divided loyalty and anguish among many a politician in the Kenyan arena where for the last ten months or so politicians have been engaged in war of words and shifting loyalties as others seemed to have used the envelop to fight their perceived political enemies.
In the public domain also there has been a lot of speculation as to whose name would be in the list. This development seems to have paved way for Kangaroo Courts where politicians of various shades have been handed very tough judgments by members of the public who in one way or the other were forced to come up with tentative measures in place of ICC or a local tribunal.
A Hope for Solace
Recently there have been very interesting moves in the country regarding this envelope. Bare a week ago, a team of ministers headed by the Justice minister Mutula Kilonzo sojourned to O'Campo's office in the Hague to discuss possible options of dealing with the menace of the post poll violence. This was occasioned by the tough and seemingly common stand taken by most members of parliament to reject a local tribunal and hand the envelop to ICC. This move seems not to have sank well with the two leaders of the coalition-PM and President and also Koffi Annan who has called for a local tribunal as well.
Twelve Months More...
Interestingly, the Prosecutor at ICC gave Kenya another grace period of twelve months to come up with a panacea which in the mind of the government included a third option of setting up a UN backed Special Tribunal in a different country.
Today(July 8, 2009), the chief negotiator has thrown the spanner into the works and further complicated the whole issue. Many questions are bound to resurface now and indeed those questions are fundamental: Did the Prosecutor at ICC overlook Annan's ultimatum? Was the ICC obliged to go by Annan's ultimatum? Could this be suggestive then of a futile effort by Koffi Annan to hand over the envelop to a man who has given suspects more leeway?

Credibility Test
It is also worth noting that ICC is facing a great credibility test from African leaders. A few days ago, the African Union (AU) unanimously agreed not to hand over the Sudanese leader Omar Elbashir whom a warrant of arrest had been issued against by the International Court some time last year.
From the Kenyan front, the air is full of suspense more than ever before regarding the envelop. It is in this breath that President Mwai Kibaki has today called an impromptu cabinet meeting to chart the way forward.

No reprieve yet
The president and the Prime Minister had been exonerated by the Waki Report which investigated the post election violence and subsequently prepared the envelop. Against this backdrop, it is imperative to note that the Rome Statute, which created ICC provides for prosecution of not only those directly involved but also those who abated and more importantly those who neglected responsibility of averting the crime, read:

In the case of civilian superiors, a superiors’ inadvertently negligent disregard of information indicating that a crime of their subordinates is impending does not suffice for their responsibility. Therefore, it is their “conscious disregard” of such information (recklessness) that the Rome Statute sets as the lower limit of their responsibility. This means that according to the Rome Statute, a superior can be held responsible on the basis of his negligence for an intentional crime or even for a crime which requires coloured intent (dolus coloratus, such as in case of genocide from the article 6 of the Rome Statute). Article 28 b (i-iii)

Like more than never before, the reality of joining the ranks of other sixteen African leaders and politicians in the ICC list is a reality.
The proverbial Sword of Damocles once again hangs precariously in the Houses of parliament, Cabinet offices and all corridors of power awaiting who to devour come a pronouncement from the Hague.