Thursday 28 November 2013

Re: [wanabidii] Re: [PK] Bad News for Mzee Khaguli: Uhuru, Ruto can skip trials as ICC rules amended

Ndugu na dada wa Kenya,
 
Let me also come in in a rather differrnt style. For the Christians, the Bible says 'all things work together for the good...'(Romans 8:28). It means everything. From what happened during the terrible tribal clashes, ICC case to winning of the party in power. It is history in the making. We as human beings did not want (few of course otherwise Uhuru and Ruto would not have won) the guys in the state house, but God wanted it. In Tanzania we had similae scenario in 2005 although there were no killings. One highly respected Evangelist referred to JK as 'God's choice' for Tanzania. People's reactions were mixed. Those who liked JK supported that but those who did not thought the preacher had gone astray. Whatever the case. In 2010 again, JK won to prove that indeed he was chosen by God as our president. Ndiposa and you Kenyans should acknowledge the fact that Uhuru and Ruto were chosen by God. There is a common slogan here in Tz by a second largest opposition party: "Sauti ya wengi ni sauti ya Mungu". Basing on that Uhuru and Ruto being in office despite cases against them does not mean God was not involved in the uchaguzi!
My argument is that all we see is for good! I like Mzee Kibaki. Na wacha tuendelee. Achana na hao wajinga! Mungu bariki Kenya; Mungu ibariki EA!


On Friday, 29 November 2013, 4:52, Nyamodi Ochieng Nyamogo <okil@nyamogoadvocates.com> wrote:
KM,
    I believe, and i've ALWAYS argued so on these and other forums,
that ICC LOST the plot the moment it declared, rightly or wrongly,
that there was nothing to stop Uhuru and Ruto from running for office!
The moment the duo won the elections, it was like splitting hairs
trying to separate the offices they had won from the individuals who
had won those offices!!! I've ALWAYS asked, on these and other forums,
someone, anyone, to show me where, on earth, a "Commander-in-Chief"
has been arrested without FIRST overpowering his ARMED FORCES!!!
    YES, everyone, the West included, will have to be pragmatic about
this ICC stuff from now on! Otherwise, it is a calamity in the making!
Thus far, Uhuru Muigai Kenyatta and William Samoei Ruto have boxed the
ICC, and its backers, precisely where ICC and its backers abhorred to
be!!!
                                              Nyamodi Ochieng-Nyamogo.

On 11/29/13, Geoffrey Omollo <kidikibudi@outlook.com> wrote:
> That's Uhuru's useless uncle of an AG, thinks Kenya is a private property
> and Uhuru is his client at his private practice. Dr. Githu Muigai is one of
> those fellow who makes me wonder what good a Ph. D is good for; it is not
> like one need a Ph.D to be a dumb-ass, innit? Or is there a special unit
> where the kind of crapulent thinking Githu has been subjecting the world to
> is learned while one is Ph.D candidate?
> Oh, a callous country, stupid leaders, dumb advisers...
>
> Major lifetime achievement: Being Time Magazine's 'Person of the Year' in
> 2006...As indicated on my Resume.
>
> Date: Thu, 28 Nov 2013 21:23:47 -0500
> Subject: Re: [PK] Bad News for Mzee Khaguli: Uhuru, Ruto can skip trials as
> ICC rules amended
> From: wams2006@gmail.com
> To: progressive-kenyans@googlegroups.com
> CC: wanakenya@googlegroups.com; uchunguzionline@yahoogroups.com;
> africa-oped@yahoogroups.com; kenyaonline@yahoogroups.com;
> thelastwordtokenya@yahoogroups.com; NVK-Mageuzi@yahoogroups.com;
> kenya-can@yahoogroups.com; wanabidii@googlegroups.com;
> wananchi@yahoogroups.com
>
> Who is Githumu?
>
> On Thu, Nov 28, 2013 at 6:57 PM, Kuria-Mwangi <kjmwangi@gmail.com> wrote:
>
> Okil
> I didnt see it that way but the full import of ICC will be seen next year.
> Those Judges with exception with our Nigerian brother (Judge) wants to give
> these fellows a hard time and will exploit any loophole to give them a hard
> time.  I show similar argument fronted by others even as Githumu and Madam
> put a brave face.
>
>
>
> The good thing is that I think politically, many Nations including USA and
> Britain do not want a confrontation and a scenario where Uhuru  may be
> forced to decide between listening to majority of Kenyans who wants him run
> the country with as little interference as possible and following the
> demands put by ICC where he would have to be out of the country for weeks. I
> dont see the latter happening and any warrants issued would see serious
> economic and political implications faced by Kenya and investors from those
> countries. Any gain in ICC is also due to the economic and geopolitical
> interests of those Western and American powers. Some talk as if we are the
> only ones who need them.
>
>
>
>
> On Thu, Nov 28, 2013 at 3:17 AM, Nyamodi Ochieng Nyamogo
> <okil@nyamogoadvocates.com> wrote:
>
>
> KM et al,
>
>              I am, myself, still worried! I fear the Kenya delegation,
>
> quite contrary to what Amb. Amina Mohammed and Prof. Githu Muigai
>
> would rather have us believe, has left the Assembly of State Parties
>
> at The Hague with "mere bones"!!!
>
>            These so called "changes/amendments" seem to simply have
>
> thrown Uhuru/Ruto "under the bus" and still left them at the mercy of
>
> the judges and prosecutor! I say this, because if the Rome Statute
>
> says anything different, then it is still open for the prosecutor to
>
> oppose an application for excusal and a strict Trial Chamber may just
>
> uphold the objection!!!
>
>            In fact, I dare even argue, apart from the many words
>
> added, the so called "changes/amendments" have altered NOTHING of
>
> substance in the "rules of procedure" as they stood hitherto!!!
>
>                                                  Nyamodi Ochieng-Nyamogo.
>
>
>
> On 11/28/13, margaret gichuki <wams2006@gmail.com> wrote:
>
>> Haaaaa...Khaguli& Co must be going NUTS! It'll take wiffeys and hubbys
>> alot
>
>> of work to get them going.lol
>
>>
>
>>
>
>>
>
>> On Wed, Nov 27, 2013 at 2:32 PM, Kuria-Mwangi <kjmwangi@gmail.com> wrote:
>
>>
>
>>>
>
>>> Ndugu Khaguli:
>
>>> I am sorry to hear this. Pole sana kakangu
>
>>>
>
>>> Uhuru, Ruto can skip trials as ICC rules amended
>
>>> Posted by CAPITAL
>
>>> REPORTER<http://www.capitalfm.co.ke/news/author/capital-reporter12536/>
>
>>> on
>
>>> Wednesday November 27, 2013 at 7:29pm
>
>>>  [image: Uhuru's trial is due to commence in
>
>>> February/FILE]<http://www.capitalfm.co.ke/news/files/2013/10/UHURU-LAWYERS1.jpg>
>
>>>
>
>>> Uhuru's trial is due to commence in February/FILE
>
>>> inShare
>
>>> *THE HAGUE, Netherlands, Nov 27 – President Uhuru Kenyatta and his
>>> deputy
>
>>> William Ruto will not be required to be physically present at the ICC
>>> but
>
>>> can be represented by counsel after the Assembly of States Parties
>
>>> amended
>
>>> its rules.*
>
>>>
>
>>> *The amendment was part of two changes Kenya managed to push through as
>
>>> the 12th ASP came to a close at The Hague.*
>
>>>
>
>>> "We have achieved a fundamental change in how the ICC functions. This is
>
>>> a
>
>>> major victory for the Kenyan team. It is significant in how the ICC
>
>>> engages," Foreign Secretary Amina Mohamed said after the Thursday
>>> plenary
>
>>> session.
>
>>>
>
>>> She told journalists that the Kenyan team came to The Hague with
>
>>> important
>
>>> goals "and we are glad to announce that we have nailed them both."
>
>>>
>
>>> She said securing excusal from trial at the International Criminal Court
>
>>> (ICC) for Kenyatta and Ruto was key for Kenya.
>
>>>
>
>>> "As you are aware, the ICC had always argued that the accused person
>>> must
>
>>> be physically present throughout the trial. We now have a new rule that
>
>>> says that is in fact not the case."
>
>>>
>
>>> The new rule 134 (4) acknowledges that the President and Deputy
>>> President
>
>>> are duly elected by the Kenyan people and have a mandate to govern even
>
>>> while meeting their obligations to the court.
>
>>>
>
>>> "As you know, we had a mandate from the AU pursuant to its resolution
>
>>> that
>
>>> no sitting heads of state or government, their deputies or people
>
>>> mandated
>
>>> to hold such offices may appear before the ICC or indeed any other court
>
>>> while they remain in office," Mohamed said.
>
>>>
>
>>> She explained that Kenya had also now given notice to the UN Secretary
>
>>> General on immunities of heads of state and government under Article 27.
>
>>>
>
>>> "We expect such a meeting to be convened after the 90-day notice period
>
>>> expires in the first quarter of next year."
>
>>>
>
>>> The decision significantly comes after the ICC overturned its earlier
>
>>> decision excusing Kenyatta from continuous presence at trial.
>
>>>
>
>>> The new rule means that Kenyatta's lawyers can now file fresh
>
>>> applications
>
>>> for his excusal pursuant to the amendment.
>
>>>
>
>>> --
>
>>> [image: Image][image: User avatar]\
>
>>> Veritas liberabit vos
>
>>> The truth Shall set you free
>
>>> http://www.kuria-mwangi.blogspot.com/
>
>>> http://www.facebook.com/kjmwangi
>
>>>
>
>>> --
>
>>>
>
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>>
>
>> --
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