Over the last couple of weeks and perhaps months, the media has consistently reported the quest by a section of Kenyan lawmakers to have Kenya pull out of the 1998 Rome Statute that established the International Criminal Court (ICC) and to which Kenya is a signatory among 122 other nations.
For those not familiar with its background, The Rome Statute only came into force in 2002 and established 4 core international crimes: genocide, crimes against humanity, war crimes and the crime of aggression. Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are “unable” or “unwilling” to do so themselves.
The Kenyan 10th Parliament unwittingly shot down a government bill that sought to establish a local tribunal to hear cases related to the 2008 Post-Election Violence. This then meant only one thing – that despite having spent a tidy sum of money on the Justice Philip Waki Commission which investigated the cases, we were now unable and / or unwilling to prosecute the individuals named by the Waki commission. This left the chief negotiator Kofi Annan with no other option but to refer the case to the ICC for further investigations and prosecution of individuals that bore the greatest responsibility over the violence.
Fast forward to 2013 and Kenyan politicians, a majority of whom subscribe to sycophancy as opposed to ideology are busy traversing the country telling the public that the cases facing the President and his deputy were an affront to Kenya’s sovereignty and an insult to our ability to manage internal affairs.
Our politicians have thus proceeded to expose our dalliance with the ugly animal with an ugly name called “impunity” and our disregard to the rule of law. Kenya, together with its accomplices in the African Union (AU) is now threatening to withdraw from the Rome Statute ICC to “teach the western masters a lesson.”
Suddenly, our beloved politicians together with their allies across Africa are seeing the ICC as neo-colonialism. Their unenviable limited exposure to international affairs has reinforced their mistaken belief that the court is only interested in punishing Africans!
The AU has come out strongly to refer to the west as imperialists. In fact following the recent unsuccessful attempt by Kenya to convince the United Nations’ Security Council (UNSC) to defer the case against President Uhuru Kenyatta, an AU meeting is scheduled to take place in the next few weeks, perhaps to review Africa’s position on the ICC. The push for deferral is highly suspect!
Many Kenyans will vividly remember that during the run up to the last general elections, Mr. Uhuru Kenyatta did state that the charges facing him at the ICC were a personal problem but now that he has ascended to power, he has realized that the matter is not a walk in the park as he initially thought and has since dispatched public officers to paint the court in the worst light possible. For a person of his intelligence and the supposedly good brains at his disposal in the name of advisors, I’m beginning to wonder if there is something that he is personally afraid of.
In absolute contrast, his deputy William Ruto has been faithfully attending court, occasionally being granted an opportunity to fly back home to carry out important state functions. He is not a stranger to courtrooms in Kenya having been charged with corruption-related and land grabbing allegations before but these ended up in fines and non-custodial sentence. But his trial at the court is quickly exposing the weak fiber with which he and his boss are connected. Evidence adduced in court so far suggests that it is the president’s men and women who fixed Mr. Ruto. This is particularly significance in the sense that Ruto fell out with Raila Odinga following widespread allegations that the latter fixed the former in a political war that was probably fabricated by the National Intelligence Service and propagated by the Kenyan media.
Ladies and gentlemen, I hate to disappoint you, but I too have suddenly seen the light; African nations should pull out from this yoke of bondage that has been forced on us by the west. What justice are they talking about? We want to retain our right to kill, maim, torture, rape and displace our political opponents. After all, the law of the jungle was meant for us and it has always served us perfectly well!
I’m fully aware that the Kenyan case was referred to the ICC by Koffi Annan, who is an African and are being prosecuted by an African lady called Fatou Bensouda. I know for a fact that the bench also has a Nigerian judge, but as an African I still believe that the cases against the Kenyan duo are a creation of the west. I therefore call upon Mr. Uhuru Kenyatta and Mr. William Ruto to fire their non-African defense counsels and replace them with Kenyan lawyers.
Our leading lights are still innocent and I hope they will be acquitted by the court. But should they be convicted then I kindly request the court to allow them serve their jail term at any of our own magnificent correctional facilities like Kamiti Maximum Prison, Shimo La Tewa at the coast, or Naivasha Maximum because we don’t want them locked up in a foreign land.
In the meantime, as the cases progress, African countries will demand that all our best brains that have fled the continent in search of greener pastures return home immediately. Our children who are studying in prestigious universities all over the world will also return home to complete their studies and graduate from Zetech College, Kampala International University and similar institutions. We shall also discontinue the British Education curriculum being offered at Brookhouse, Braeburn etc. They will all administer the 8-4-4 system of education. Aren’t we supposed to be one?
Our security forces will also undergo an Africanization process. We are going to embark on a massive disarmament exercise to withdraw all the sophisticated arms at the hands of our security forces, including uniforms and communication equipment. We shall instead arm them with crude weapons like crowbars, sticks, machetes and stones. For uniforms, they will simply don animal skins around their waists.
The gallant sons and daughters of Africa who grace the international sporting arena will no longer participate in western events. The likes of Drogba, Kemboi, Semenya and Eto’o will henceforth only compete in village sporting tournaments on African soil, where they stand high chances of winning goats and heifers.
With all these measures in place, we are confident as Africans that we shall have done enough to stop our poor brothers and sisters affected by war, poverty, joblessness, disease, corruption and bad governance in our countries from rushing to their deaths across the deep and rough waters of the Mediterranean Sea.
For your information and future reference, our pursuit for western education, lifestyle as well as western spouses is just fine with us. However, trying to make us stop the culture of impunity and start obeying the rule of law is a serious breach of our sovereignty!
- Anti-western rhetoric grows over ICC cases (nation.co.ke)
- Kenya urges Africans to support ICC changes (capitalfm.co.ke)
- Quincy Timberlake: I condemn calls for Kenya to pull out of ICC (mombasaonfire.wordpress.com)
- Lobby urges panel to probe ICC Prosections (capitalfm.co.ke)
- Kenyans evicts UK diplomats from hotel amid ICC row: THINGS ARE CHANGING FAST (djspaqz.wordpress.com)
- Poll: Most Kenyans Want President to Stand Trial (bet.com)