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   19 posts --- Location: Nairobi Kenya |
24-01-2012 12:24The six men accused of inciting Kenya's post-election violenceThe International Criminal Court has sent a signal that there are consequences for political leaders who use violence to achieve political goals by confirming charges of crimes against humanity against four prominent Kenyans.Whether this changes the political landscape, ends the culture of impunity, or prevents future violence in Kenya, is a matter for Kenyans themselves to decide.The ICC was created as a court of last resort, when national courts are unable or unwilling to take up human rights cases. The Kenyan parliament failed on two occasions to create a local tribunal to handle the post-election violence cases, which then prompted the ICC to take them up instead. In its decision, announced from the Hague today, the ICC confirmed charges of crimes against humanity first laid in Dec. 2010 against four men for their alleged role in organizing mass violence following the 2007 presidential elections.The charged are former Higher Education Minister William Ruto, Finance Minister Uhuru Kenyatta,civil service chief Francis Muthaura, and radio talk show host Joshua arap Sang. Charges were dropped against two others: former Kenyan police commissioner Hussein Ali and parliamentarian Henry Kosgey. The four men are accused of organizing mass violence following the disputed presidential elections of Dec. 27, 2007, in which President Mwai Kibaki was declared the winner. Senior leaders of both main parties, the president’s Party of National Unity and the opposition Orange Democratic Movement, are accused of stirring up ethnic violence for political advantage and retribution. At least 1,200 people were killed and 600,000 displaced from their homes. “From the perspective of transparency, the court is seen to be acting in an open way, which is something that Kenyans are not familiar with,” says Comfort Ero, director of the Nairobi office of the International Crisis Group, which issued a report ahead of the ICC decision. “Given how volatile the Kenyan political environment can be, and given the history of questionable judicial processes in the past, I think for Kenyans to see these alleged perpetrators of violence to face justice in a process that is free of interference is a powerful thing.”The decision was watched closely by Kenyans, and police prepared for a potential violent reaction in towns where violence had occurred. Two of the accused, Mr. Ruto and Mr. Kenyatta, have declared their intentions to run for president in the unknown date elections(may take place in 2012 or 2013), and the newly written Kenyan constitution is ambiguous on whether those facing criminal charges can run for public office. But at a time when Kenyans appear to have turned against their own politicians – many of whom lobbied hard against the new constitution during a referendum – and seem to put more trust in the International Criminal Court process than their own courts, today’s ICC decision presents Kenyan voters with a chance to change the political culture of their country. “The constitution does not forbid a person from running for office who is faced with criminal charges,”But the constitution does say that a president who faces criminal charges is vulnerable to impeachment, and in that spirit, Ruto and Kenyatta could possibly be tossed out of office with a two-thirds vote of parliament.“The question is more a political and moral one than it is a legal one,” she adds. “How will Kenyans react to this decision? How will they feel about a candidate, knowing that he faces such charges? Is this the sort of person they want to have in office?” “This past year demonstrated the desire of so many Africans to choose their own leaders peacefully and fairly,” said Daniel Bekele, Africa director at Human Rights Watch in a statement. “Sadly, the votes were often marred by government intimidation, army and police abuses, and conflict incited by politicians. Unless these grave problems are remedied, Africans are likely to see more of the same in future elections.” Now the ICC chamber must set up a tribunal, or perhaps two, to handle the Kenyan cases, a process that could take weeks or months. It is uncertain whether a verdict of innocence or guilt will be attained before Kenyan elections, planned for March 2013. The ICC, which was set up in July 2002, has taken on investigations in six other countries: charges of massacres and use of child soldiers in Democratic Republic of Congo; crimes against humanity by Lord's Resistance Army rebel commanders in Uganda; crimes against humanity by a Congolese warlord in the Central African Republic; genocide against the Sudanese president over fighting in Darfur region; crimes against humanity by Libyan leader Muammar Qaddafi; and crimes against humanity in Cote D'I'voire after 2010 elections. "I am because you are and you are because I am".Its a very positive factor in my life that I appreciate you.Welcome we share a clear vision of our destination.Its vital we become master in some things, then transform them into a viable venture isaacwaithaka.blogspot.com |
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