Sunday 13 October 2013

RE: [wanabidii] Re: [PK] Why Uhuru Should Skip the ICC Trials

These two people ( Kenyatta and Ruto) knew very well that they had to win the elections so that they can use their positions to avoid ICC.  No wonder Kenyatta and Ruto spent a fortune to save their lives. Kenyatta used family resources which were obtained through questionable means by his late father, mother and his cronies. If this trend is allowed to continue Africa will always be lead by dictators who are interested to see Africa remains in the dark for ever.  We can't allow this to happen and for sure God will not allow this because Africans are humans too and they deserve justice and fairness.

Let us put pressure to ensure these two are not allowed to avoid the law just because they happen to be President and Deputy President respectively.  They broke the law and they should clear themselves and face the law.

Cheers

Herment




CC: progressive-kenyans@googlegroups.com
From: mauricejoduor@gmail.com
Subject: [wanabidii] Re: [PK] Why Uhuru Should Skip the ICC Trials
Date: Sat, 12 Oct 2013 17:07:36 -0400
To: progressive-kenyans@googlegroups.com

Kuria,

Let's take politics out of this thing and remember that people actually lost their lives. People were burned in a church. People were locked up and burned in their houses in Naivasha. People were plucked out of matatus and hacked down with pangas like snakes.

As we look at Uhuru's case, let's not forget that. Let's remember the victims instead of just sympathizing with Uhuru for political reasons.

Courage


On 2013-10-12, at 4:06 PM, Kuria-Mwangi <kjmwangi@gmail.com> wrote:

Rose
I think it is the issue of Uhuru being forced to sit there watching witnesses dance. I strongly think ICC is cornered and so will have to go by the Ruto judges who wanted him appear only for mention and closing. That will be affirmed and it follows that UK will only be asked to go there twice. Take that from me because I think ICC like Uhuru also want to safe face too.


On Sat, Oct 12, 2013 at 3:48 PM, ROSE KAGWIRIA <ikirimakagwiria10@yahoo.com> wrote:
Am of the same opinion. The people who are advising him may be even in a better position to tell us if they were also involved and scared the egg may break and hell will break loose.




On Saturday, October 12, 2013 11:36 AM, Jagem K'Onyiego <arapkorelach@gmail.com> wrote:
Cosmos,

Hiyo Jamaa ni Kaoga. Sijui how he will defend wanyonge wanainchi wa Kenya. I think he is too scared to go to ICC. Sijaona Kiongozi kama hiyo maishani mwangu. Once upon a time he  derogatorily asked someone if that person thinks ICC ni ya Mama yake? He went on, at that time, to say that huko ataenda na all the cases will be dropped kumbe Kaoga kalikuwa kana piga Mdomo Buggy. Sasa umewaadia wakati; ngoja tuone kama yeye ni mwana ume kweli aende huko.

Jagem


On Sat, Oct 12, 2013 at 2:08 PM, Cosmos Omondi <omondi.cosmos@gmail.com> wrote:
Jagem,
Uhuru rattled a lot about cooperating with the ICC. Now it has come, he's developed cold feet. The change of heart otamo nyaka dhoge riek (KM) wacho (has left even KM tight-lipped). 


On 12 October 2013 20:42, Jagem K'Onyiego <arapkorelach@gmail.com> wrote:
Samueli,

You theory is a very long shot in solving Kenyan Problems. I sit slowly waiting to see. But I want to say here that Kamwana is not brave enough to go to ICC. He must be afraid of something that we do not know. If he were innocent he would go there and prove to them beyond doubt that he did not do any of that stuff. I believe he has witnesses to prove his innocence or is he not innocent?

Jagem


On Sat, Oct 12, 2013 at 10:07 AM, Samuel Omwenga <somwenga@gmail.com> wrote:
In my Star column this weekend Why Uhuru Should Skip ICC Trials, I continue to make the case why I believe these ICC cases should be terminated or brought back home for resolution according to our own terms, circumstances and values.

The column in full:
There is little doubt we once again find ourselves as a country at a cross-road with not just the ongoing trial of our Deputy President but more so the upcoming trial, if any, of our President.
Both of these are unprecedented at the ICC for no sitting President or Vice President has ever been charged or tried there.
We encountered our first crossroad just before independence when we as Kenyans led, by Mzee Jomo Kenyatta and his compatriots such as Jaramogi Oginga Odinga, said enough is enough and demanded independence from the British.
The second crossroad we encountered as a nation was just before the repeal of Section 2A of the Constitution on December 10, 1991 when once again Kenyans said enough is enough and demanded more freedom and the opening up of political space.
After the elections of December 2007, we found ourselves at a crossroad and one of the options would have plummeted the whole country into a valley of fire that would have consumed most if not all of us.
We next encountered our fourth crossroad in 2010 when we once again as Kenyans demanded and were able to get our old constitution revamped and the new one promulgated on August 27, 2010.
The elections of March 2013 and outcome once more put our country at yet another crossroad as former Prime Minister Raila Odinga, Cord and AfriCog challenged the presidential election results on grounds that the elections were rigged but the Supreme Court found otherwise.
Putting aside the most recent crossroad we have been to as a country, one cannot but conclude in each of the prior crossroads that we made the right decision. At the first crossroad, we went straight to the desirable independence way. At the second cros-road, we headed in the direction of true multipartyism and democracy. At the third crossroad, we avoided plummeting into a valley of fire; at the fourth crossroad, we reconnected with our path to true democracy but were immediately put to test with the elections of 2013, whose outcome puts us squarely in our fifth crossroad, and that's the ICC trials.
The options are not unlimited; we either remain true to ourselves as a country and make the right call as we have in all these past cases and instances or we make the wrong choice and head in the wrong direction.
Which begs the question: what is the right choice as to what direction to go regarding ICC?
There are those who argue that the President and his deputy demanded that they be tried at the Hague when time ran out to try the cases in Kenya.
On the other hand, there are those who argue circumstances have so dramatically changed since the time the cases were referred to the ICC almost three years ago, it would be counter-productive to continue prosecuting these cases at the Hague.
Those in the former category, namely, those who argue that the cases must stay the course at the Hague primarily take this position because according to them, this is the only way justice can be had for the victims of post-election violence and by justice what they really mean is the trial, conviction, sentencing and jailing of both the president and his deputy and nothing less.
A subset of this group takes this same position on grounds they believe neither the president nor his deputy can be tried in Kenya, therefore the ICC process must be allowed to conclude there.
A hybrid of either of these groups believes the ICC trial regardless of outcome is desirable because only then the truth of what happened during violence can be known.
All of these arguments are not without merit but they must be contrasted to those made by those who say it's about time these ICC cases are terminated or at least referred back to Kenya for a local trial or solution.
Those holding this view cite a number of reasons in support of their position:
To begin with, they argue and maintain that it's highly likely neither the president nor his deputy will be convicted at the ICC for any number of reasons, not the least of which is the unraveling of the cases against the original Ocampo Six.
Conviction or no conviction aside, perhaps the most compelling argument made by those on the "terminate or refer these cases back home" is the changed circumstances argument.
Since the cases were referred to the ICC, a number of significant changes have taken place in the country.
First, Uhuru Kenyatta and William Ruto were duly elected president and deputy president respectively and before anyone breaks glass screaming they were rigged in, it behooves us to come to grips with the reality that they are, in fact, our president and deputy president.
Second, we have a reformed judiciary — yes it may not be as perfect as we would wish but it's a far cry from what we had before. Third, and perhaps most important, the increasing acts and threats of terrorism demand that the President remains focused as a razor in ways to combat this menace and yes, that includes addressing the shortcomings we all saw during the rescue operation in Westgate.
Forcing the President to attend a trial many believe will result in an acquittal anyway would irreversibly harm or thwart these anti-terrorism efforts. Besides, it is distracting the President and his administration from focusing on efforts to make a difference in ordinary Kenyans lives. One would have to give the President the benefit of doubt that this is what he wishes to do as that is what he pledged during the campaigns and after he was elected.
Peace, Unity and Truth

Omwenga

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