After a reasonable duration of silence, today allow me write one or two about the news hitting topic of ICC pull out. Just as it can be established by any independent, broad minded citizen, “Law”, in most cases is usually written to deter the continued practice of injustice in society and maintain peaceful coexistence among the members. Law is usually only punitive to the law breakers and culprits who violate the established principles of justice and well being of man.
However, the presumption of the innocent or the guilt can never be established, not until all the custodians of such laws read it well, understand and interpret.
By the time Kenya was registering as a member of the Rome statute, it knew that neither USA nor UK was a member signatory of the statute. However, it was for the good public interest of the common, poor, ignorant citizens of Kenya, that such membership was of benefit.
By being a member, I believe her citizens would be deterred from engaging in any willful or rather malicious activities that may put the lives of citizens in danger. However, without a guiding principle and possible stringent consequences to somebody who maliciously tempers with the peace of this country, we are encouraging impunity, massacre of the innocent and continued perpetration of injustices in society escort free.
When analyzed, it is to some extend coming out clearly that the former ICC chief Prosecutor, Louis Moreno Ocampo did not thoroughly conduct his investigations before filing of the case against the trio and the Hague. Despite this, the case was confirmed and the accused summoned to answer to the charges. It is however important to note that, unless stated otherwise, the office of the prosecutor is not the Judging chambers. This is only but an office to bring on board the accused and justify its claims. Proving of the evidences presented by the prosecution wrong is the only way of proving innocence. Similarly, Just as Hon. Ruto stated, “However much you cook a lie, it cannot be converted to truths”.
Therefore, calling for an emergency parliamentary sitting and withdrawing from the Rome statute is not a Long Lasting solution as stated by those who consider themselves mouthpiece of this nation. Two wrongs do not make a right.
The best way we could show solidarity and sovereignty is only by working as a team and proving the levelled accusations false. This shall leave us as a state Dignified and blame free yet still discouraging impunity and massacre of the innocent.
If truly we love our leaders whom we elected, that’s not the best step that we can take to help them because after all it is apparent that whether we withdraw or not, the cases shall continue. Let’s combine our efforts on means that shall help us get our leaders from the Hague with dignity in the international community.
* Â Â Â Â Â Â Â Â Â Â Â * Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â * Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â * Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â *
Muthaura’s case was dismissed because of lack of witnesses in what the prosecution blamed on bribery, harassment and intimidation.