Prayer rallies putting William Ruto, Joshua Sang cases at risk

Numerous political rallies dubbed prayer rallies for Deputy President William Ruto have been ongoing for some time now.

But while the theme of these rallies is said to be seeking divine intervention over the pending ICC cases, the stage has been clouded with claims and counter-claims of witness fixing and bribery, with the clamour now graduating to a contest between the Jubilee and the Coalition for Reforms and Democracy (CORD).

The question now is who fixed who? The intensity of these claims has prompted the Opposition to plan for their own rallies and the ICC to issue a warning to Kenyan politicians.

As a citizen and a man of the law, I wish to point out that these rallies do not augur well for Ruto and journalist Joshua Sang as well as for the peace and tranquility of our beloved country Kenya. My view is based on the following reasoning:

. ICC Prosecutor Fatou Bensouda has time and again laid claims that there has been gross interference with witnesses in the Kenyan cases, leading to unprecedented witness withdrawal never before experienced in the history of the court. In my view, this narrative appears to be gaining favour with the judges, hence the decision to use recanted evidence, besides forcing hostile witnesses to testify. Purported confession by some leaders like Gatundu MP Moses Kuria merely goes to prove and fortify Bensouda's claims to the detriment of the accused persons.

. Ruto is out on bond. The terms of the bond impliedly prohibit the very activities that are now guised as prayer rallies. The judges are watching and the anger will be directed at the DP alone.

. The nature, planning and execution of these gatherings show that they are not prayer meetings but gatherings of political blocks meant to throw vitriol at perceived enemies of the DP. They are held in places not consecrated for worship but in shrines, forests, under some trees and other shrines that are famous for ethnic engineering. The judges are human beings with feelings and any feeling of anger will be visited upon Ruto.

. The ICC has previously and again expressed its displeasure at these rallies. However, there is open defiance against the warning to stop the rallies. Somehow, the ICC may choose to show its weight and make a point, as is common with human beings with power. Such weight is likely to be brought to bear upon Ruto with disastrous results.

. ICC is a political court. It is the only court that can rely on rumours, recanted evidence, newspaper articles and political opinions. It is the only court where the test for being arraigned is "Who bears the highest political responsibility". This is a court where care and caution ought to be applied. These political rallies and utterances thereon are reckless, sometimes inflammatory. The court is likely to take into account the individual players to decide whether they are the key allies of the DP. The conclusion and the subsequent action may not be favourable to him.

. These rallies are a boon for vitriol, threats, name calling and political engineering, with the result being overheated political temperatures. And while Kenyans are yet to heal from the wounds of the post-election violence, the ICC debate will raise temperatures even further, especially when CORD  rolls out its rallies on the version of what led to the ICC debacle. Such heat puts Ruto at the center and on ICC radar.

. The court may read complacency on the part of the DP unless he comes out unequivocally to rein in on these rallies. The court has come out to warn that it will not be intimidated. That means the court feels that these rallies are intended to intimidate it. Such threats can be a basis for a reactionary decision... a decision to prove to the world that the court was not intimidated and does not fear anyone. Remember the accused is a DP of a great nation. Such a decision may not be palatable.

There are many other grounds I could put forth. I am only adding my voice to the plea of the silent majority that we stop these rallies and rejoin national building. I will continue praying for the duo to secure victory at ICC. I plead with the DP to prevail upon these people to stop this posturing.