Hopes of PEV victims acquiring justice shattered

It was at the ‘thanksgiving ceremony” at the famous Afraha Stadium that the Head of State dropped the bomb shell, “That chapter we have closed. We have our own courts, we will sort out our own issues. I don’t want to see any Kenyan going out there again, we are not going back there…that chapter is closed…” The president uttered these with much intensity and his body language confirmed the same. The statement left tongues wagging as it was unexpected especially after the termination of the cases.

The Head of State’s statements have a lot of ramification both locally and on the global scene. I fail to understand why withdrawal from ICC is of importance to the current regime especially after the termination of the Ocampo six cases.

Impunity in Kenya has become part and parcel of our culture. We disregard law knowing it will never catch up with us. This is one of the reasons that prompted the fueled post-election violence of 2007/08.

People were killed, raped and houses torched and the perpetrators did these knowing impunity will be their shield and defender. The president’s statement didn’t dispute this and the like-minded individuals celebrated in their own way as they can commit the heinous acts and go scot free.

Our courts have not been able to sentence even a single culprit of the post-election violence and it looks satirical when the president points out that our courts will deal with the same. Is it ironical that close to 5000 post-election related cases were dropped due to lack of evidence? Without the ICC the election violence might become part and parcel of us as there will be no any hindrance.

The statement was also insensitive as far as the victims are concerned. Telling the victims in broad daylight that no Kenyan will ever go to the ICC to face the court in matters related to the post-election violence was like rubbing a pepper on an already hurting wound. Their hopes of getting justice was not only shuttered by the ICC termination of the cases but was confirmed by the Head of State’s statement.

Walter Baraza went to court to block his arrest by the ICC. The case is still pending at the court amid anxiety of its outcome. The president’s statement seemed to interfere with our courts decisions. Should the court give ICC a go head for his arrest, will the government block this? This will be a dangerous precedence as the executive will be seen as directly interfering with the matters of the judiciary.

Kenya is in a global community and has no option but to cooperate with this community. Kenya’s decision to withdraw or failing to cooperate with the ICC carries a lot consequences which among others includes sanctions. The western world can impose sanctions which will have adverse effects to the common Mwananchi. Let’s not pretend that ‘African problems need African solutions’ when most of the sectors are being funded by the western world.

A divine decision is in the lips of the king; His mouth should not err in judgment (Proverbs 16:10)