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Friday, February 08, 2008

Breakthrough Before Deadlock?


Smart politics is not played with guns nor bravado but a coup of ideas and perceptions. If Kibaki ever thought that he was such a seasoned THIEF and scoundrel, then he won’t know what hit him. Kibaki has been rightly painted into a corner that not only leaves him wounded but also no options to permute his political sins.

Kibaki never saw it coming. With the world attention singularly focussed on Kenya, the opposition played the aces by making the first impression on concession. The move may have been merely symbolic but the perception and delivery was unrivalled in allowing them rise to the higher moral pedestal of readiness to give-and-take.

But even before Kibaki could say Lucy, he was presented with demands on what portfolios to concede in the cabinet. And to rub it on Emilio was told he WON'T have any say on the composition of other half of the Cabinet. Speak of a scholled move to take away principal tools of pork and barrel politics.

Power to the people
You don’t have to fraudulently occupy State House to execute realpolitik. Kibaki has been left with no maze to unpuzzle. Both the yam and the knife have been cleverly snatched from his bllodied hands.

The objective has been superlatively delivered by painting Kibaki as another dark horse in the old African political landscape. Whatever the schemes of Kibaki’s cronies and supremacists, their territory is clearly marked. They will rue the consequences of their serial goofs at the fatal expense of Kenyans.

Kenyans shouldn’t celebrate just yet. They must be alive to Kibaki’s sahmelessness to mutate into all dangerous shades. Our memory must not fail because the scars are still fresh. It only took a night to STEAL ELECTIONS. Now he has a whole weekend to turn tables and trash everything else into a spin come Monday.

Deception is an unsustainable vice. Make no mistake. The opposition MUST not be na├»ve to Kibaki’s capacity to throw all caution to the wind in service of supremacists. The prematurely sired interim government must be squarely put into the context it fits. No more games of semantics.

This must be a TRANSITION government principally tasked with putting infrastructure in place for election re-run. Kenyans want their country back and only through fresh election will they give UNADULTEREATED mandate to their president. No more no less.

Road to equity
There is no template to misgovern a people and country. Kibaki’s 1950s Makerere model of ruling with the gun hoping benefit from violence fatigue fell flat on its ugly face. Africans are not fools and we are trail blazing and writing history. The lesson is brutal to treacherous traitors who scheme to benefit from the blood spilt by Kenyans spilt since Kibaki stole the election. What a shame on these vultures and hyenas. Power to the people.

Kenyans are far ahead of their leaders and we must seize this opportunity to shape our country into what we want. That is no premature celebration for the far sighted by any means. It is time to lay the foundation for corporate leadership and banish deceptive and selfish rulership – the NARC dream reincarnated.

51 comments:

Shaddy said...

Kudos to you Taabu for this powerful piece!

Thanks,

Hellen Okello.(Me)

Wanjiku - Mombasa said...

Kibaki needs no painting. He is indeed another dark horse in the old African political landscape.

Anonymous said...

Great perspective….. I'm very curious to see what happens come Monday and even more on Tuesday.

Minister for Injustice and Unconstitutional Affairs: MWK said...

Kibaki has been a betrayal to the Africa's political cartel who, going forward, will have to think twice before making any attempts at stealing an election. He has been and continues to be an example that contempt does not way for legitimacy even when reinforced with violence and murder against a people.

Kibaki in killing the Narc dream and in proving that he is a man whose words should never be trusted have directed our leadership to travel the road of international mediation, and away from the corridors of the Kenyan courts, which are known more for being tools of injustice rather than justice.

The next step should now be to create strong structures that ensure seperation of power between the executive, the judiciary and the legislature. Parliament should be empowered to take charge of its calendar.

Parliament must be protected from the executive, and the confidence in the presidency or lack of it should not be tield to the terms of office for the legislators.

The judiciary must be independent, and the ministry of justice must be restricted to its mandate of ensuring that equity and justice prevail, away from its current mandate of interfering with the court system.

The presidency must be stripped of the imperial powers. Presidential powers must be shared accordingly with the parliament, judiciary, the regional governments and the local governments.

We must also deal a death blow to tribalism, and move to the road where people are judged by the skills, abilities, experience and character rather than their tribe, clan or sectoral affiliation.

Ahmed Noor said...

Kibaki was a mistake. I remember when he was elected, Ugandans wrote: "Why do kenyans have this penchant desire for ugly Presidents and now they have elected Africa's ugliest President.?" Sometimes, I deny to be a Kenyan specially when his photo is around. He is ugly both morally and physically. A curse before you and may you burn in hellfire for your abode shall be the fire.

Anonymous said...

MAMBO BADO!!!! Economic justice for all. Let us not rest until we have a new constitution and responded to land queries.

Economic justice for all! Lazima tuwe na majimbo. Leteni Ghai draft!

Anonymous said...

Yes, Taabu we must seize this opportunity to shape Kenya while remaining alert to the forces of darkness that seek to derail us.

ITEM NO. 4 on "historical injustices" is yet to be discussed. That is the item that will help us "shape Kenya" ; ARDHI NA KATIBA.

Anonymous said...

Who lots, the ones who were ELECTED or the ones who were killing Kikuyus in Kisumu. There is no president called Raila Odinga. The President is Mwai Kibaki. The kenyan constitution says so.

raila saw that he was going to lose and since last Sunday he has been talking dialogue, dialogue and softening and softening. Kibaki is president, he won and is the one who names the cabinet. That is what the constitution that raila and ODM rejected. VP is Kalonzo Musyoka and not Musalia. Who lost?

Kisumu is dead anyway and Eldoret will not be the same again. Yote Yawazekana bila Raila. Kenya on the mend after the tribalists killed and maimed. Including buring women and children in a church

Mukimo na Githeri said...

anon @ 12.27, I did not know that Kibaki's name has been incorporated into the Kenyan Constitution. Why was this amendment made? Please enlighten some of us who are still outdated.

Anonymous said...

Sir Edward Clay the former British High Commissioner accused Kibaki of having "vomitted on the shoes of donors."

Kibaki recently "vomitted on the shoes (and bare feet) of Kenyans."

We must change our constitution to protect us from greedy leaders in future.

Anonymous said...

anon@ 12.27pm
Eldoret will rise again, Kisumu will rise again. Those will great cities in the new devolved form of government.
Just watch!
Plus you are right, Eldoret will never be the same. It will be full of honest people. Let see what happens to Mungiki-led towns in central Kenya

Anonymous said...

panua people are in denial........ati the constitution says so?......if you ask me lucy is more of a 'president' than the mp for othaya.

eh...by the way did you see how ababu namwamba dressed him down in the opening of the 10th parliament...that tells you exactly what kenyans think of your so called 'president'..uuuhm president kitu gani? ama ni wa mavi ya kuku?

Kenyan Son said...

While joy is just around the corner, I’m still having a problem with Kalonzo. We will get rid of Kibaki one way or the other but for Kalonzo, Sir! I suggest you commit suicide. A swarm or warms is coming your way full swing in a black train sir. The ones whom you betrayed are after your sinful traitor silly confusion sir. You are going to pay sir. Your same dream with Uhuru is soon going to fade and evaporate in the midst of your mama’s eyes sir. You will never be our president sucker.

As for us who needs and yearns for justice, let us pray that Kibaki minds the cry of those in camps, the cry of his friends and relatives in oversees who are now calling him begging and asking him not to have them deported to Kenya. If he does by accepting an interim gvt or whatever, lets take that God given privilege and make sure that he never resurface again. This justice has to come man. We have to get it. Taabu! One or the other. I concur.

Anonymous said...

PANUA are being consumed by their own greed.

They are people who want everything but will end up with nothing

motosana said...

Why dont you see what I see- By end of Decemeber, Kibaki had two opponents and now one is his VP and another is begging him for seats in cabinet! Kibaki is a winner brothers and sisters whether we like it or not. All his enemies are now on his side. Kazi iendelee na wasipo fanya - futa wao!

Anonymous said...
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Anonymous said...

Kibaki is president of Kenya. He named a cabinet, he called parliament to session and is still the president. Just today, he hosted foreing ministers from IGAD, a meeting that stupid professor Nyngo said that should not have gone ahead without ODM being informed (who are they). Next week, Raila will be named a minister by Kibaki and he will swear by the Bible to be obedient and trustworthy. Mambo bado and in the procee, Kalonzo is VP, Musalia a backbencher and wor-monger Ruto in the sin-bin. At least, Raila has a better way of getting rid of someone who said "Raila is UNELECTABLE"

Anonymous said...

Kenyans arent!!!

Anonymous said...

i dont see odm getting out of these 'talks' cabinet posts without power....what would be the point? kibaki would fire their sorry butts before the end of this month....so you see motosana, they win!! by the way the vp will just be an artefact....to be seen and not heard......hehehehe!

Anonymous said...

This is Derek. I have read some anmiusing posts of late, but as for me and my political decision...

PNU...Kibaki Tena
PNU...Kazi Iendelee
PNU...Hata Kazi ya Lucy ya Kuslap iendelee.
PNU...Kibaki na maendeleo

Who lost in this mess? Communities??? which ones? NONE! Kenya lost!

Economic sabotage...No Raila No School...Kibaki should resign...Raila will be sworn in as the Peoples' President...Na Kazi ya GSU inaendelea...Shoot to kill...ICC in The Hague...

Kenya lost big time. So bad that you cannot watch BBC News or CNN.

Mimi na KIbaki tutaendelesha Kenya

-Derek-

Anonymous said...

may i just ask one question, so everybody will be in the govt and there shall be no opposition?

i think we can discard mr kalonzo and his party members so that they can act as the opposition together with the sppg....kalooser pole kwake....iscariot!!

Anonymous said...

The opposition is raila odinga and ODM. Can you have Ruto, a murder suspect in your cabinet or government. I tell you what...If Kibaki was to ask MPs who want to join his cabinet to cross the floor, you might think that the Mara Wildebeest crossing (that Seventh Wonder) is in parliament. Tens will be dead or crippled.

-Derek-

Anonymous said...
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Anonymous said...
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Anonymous said...

Anon, Kibaki is the cleanest MP you will find in kenya. Were you at any time thinking that Kibaki will lose the presideny? 8 PCs, 8PPOs, more than 80 DCs and the Police Force and DOD. Did you cast your vote waiting for Raila to be announced president? Pole ndugu!!!

-Derek-

Anonymous said...

but we have michuki a warlord (murderer) in the cabinet, we have kibaki a burglar in the cabinet, we have saitoti a thief in the cabinet, we have uhuru a member of an outlawed sect engaged in ruthless killings, indecent assault and petty theft in the cabinet what are you saying derek.....ruto is a saint.

Anonymous said...

Ruto is destined to be the president some day...deal with that.

Michuki,Kimunya,Karua,Murungi are all in the cabinet and they FUND MUNGIKI to behead and circumcise even there own....so there you go.

I dont even have anything against Kyuks but many of them just breathe hatred and intolerance which has to be fought.

This is not about Kibaki retaining the presidency..... as far as we are concerned that is a minor issue.We need a new constitution,land reform and the issue of inequity and poverty to be addressed.

Raila has taken the lead in extending the hand of friendship and reconciliation to you all.You can either accept it and we move on....or we can go back to war where those who have more will hurt and lose most.

Anonymous said...

It is really a shame that PNU supporters on this blog are still in denial. My prayers go out to you and hope that one day you will understand that stealing is wrong and that Kibaki is a nominal president. I wonder if you realize how foolish you sounding repeatedly saying kibaki is president he named his cabinent, you sound as foolosh as kibaki looked during his pre-arranged swearing ceremony. Your children are the ones who will suffer the embarassment of your foolish utterances just like those of the former nazi regime. As for Kalonzo I think he really needs God now. Im still curious to see if he is willing to declare his wealth now. On another note i wonder if any one has considered that Kibaki might have the same problem Britney Spears is having; She had it all now she's just mentally ill and entertainment for all to see. The difference with Kibaki is that his clown show seems to be directed by one Rhino looking cunt named Lucy.

MARA Wonder said...

Derek,
Are you trying to be funny....because I'm not laughing? First Kifaki will not name anyone else into his cabinet. You will be very surprised when the resolution is announced next week. Maybe then the Kifaki's the "seventh wonder" will be more sober in your mind.

Secondly, Ruto hasn't been named a suspect. His as innocent as you... or are you really innocent? mmmmmm.I leave that to the wildebeest to judge.

Anonymous said...

Anon, that is hypothetical. You do not have any proof of that. Let us dwell on issues that make us debate maturely. Let us have a laugh, and remain concerned with the plight of the situation.

Things change. Take the example of two weeks ago when coffins arrived in Nakuru and the eruption witnessed in that region. Take a look at what raila Odinga saw in Nyanza last weekend. Some times, we are forced to put politics aside and swallow the bitter pill as raila has just done. Including personal pride. That Raila move is the best a man with the country at heart will ever do. I have always wished that he does that.

When Moi was president, Raila called on cessation os hostilities and Moi enjoyed a grand moment to his retirement. Only Raila can do it. And soon, as things are shaping up, I am sure soem of his MPs will be given cabinet posts and there will be no noise, even after some diehards have insisted that Raila joining Kibaki is unthinkable.

I do pity the spokesmen and wonder why some statement were made...like economic sabotage was not to be made at all and even the No raila No school slogan. That is why thinkers like Mr. IT IS TRUE Peter Wanyande (the man is more than intelligent) exits.
Anyway, Raila's move, like jaramogi Oginga Ondinga's in the early '90s is the best!!! I SALUTE HIM, but my position remains the same.

-Derek-

Anonymous said...

The only thing you have pulled out of this chaos is the "No Raila No School" slogan.That doesnt speak much for your intelligence.

Has it occured to you that there may be deeper socio-economic problems behind this conflict?

Anonymous said...

Ruto will never be president and like Musalia Mudavadi, this is the first time they have been democratically elected as MPs. All other times they enjoyed Moi's patronage. As for the sharing of ministries, ODM should accept the crumbs that have been left on the table and Kenyans will judge them from that point.

Anyway, there is no lesser ministry in Kenya. They are all powerful and ministers have the same influence, because of the political clout. That is why Machage Wilfred is the King of Kuria occupying the least flamboyant ministry in the cabinet

-Derek-

Anonymous said...

eti kibaki is a clean mp!! enyewe pnu u need prayers.....unless clean is defined in the pnu dictionary as .... corrupt, dishonourable, dishonest, scandalous, obscene, polluted, unfair, disgusting, disgraceful, vile......yeah i agree derek he's 'clean' based on these definitions.

Anonymous said...

Who will stop Ruto from being president?The lot of you.

He will have my vote and I am not from his community.As a matter of fact I have heard several Kenyans from across the ethnic divide repeat these sentiments,including some GEMA.

If we dont have change this time,Ruto should as well consider himself the PRESIDENT OF THE REPUBLIC OF KENYA.

Anonymous said...

Anon, it is not about intelligence. The socio-political issues you are trying to talk about, albeit with alot of denial, will affect the region I belive you come from. Nyanza. There are no factories to sustain any socio-economic actvities in Nyanza. At the moment, all the factories are either looted, burnt or not operational after the Mother of all ARSON and VANDALISM and LOOTING- KIsumu Style.

Most people from Western Kenya fetch from distant fields- nairobi, Nakuru, Naivasha and the the Coast. At this moment, the backbone of the flower industry in Naivasha which derpnded on 60% manp[ower from Nyanza is no more. All the sugarcane plantations in Western and Nyanza are black in colour, meaning that there will be no harvets. The roads are blocked and loons and morons are manning illegal road blocks. On top of that, transit vehicles which contribute to the economy of where you come from are all using the Malaba Eldoret Road, denying Kisumu that little change that they drop on their way to Congo.

If for any reason you are talking of socio-economic factors, then bear in mind that people are crying to be taken to Nyanza where they will either turn to farming, while other will wait for the predicament that it Nyando River which is only two months away.

Socio-economic, the boys from Central are doing well with their coffeee, tea, milk, and other businesses. It is that sad. Socio-economic. Grim is a less sensitive word my brother. It is bad in other areas of Kenya. No Raila No Peace, No Raila No School mean distaster and backwardness socio-economically

As I told you, Raila Odinga was more touched when he imagined that other parts have schools up and running while his own backyard, including his famed Maranda Boys are not teaching because of fear. Socio-economic in a longtidunial accent. Socio-economic. 30 years to come. Socio-economic - fishing landing beaches not accessible. socio-economic - more tha 10,000 jobs lost in Kisumu...

-Derek-

Anonymous said...

Derek.... you bloody F!!! Kenyans were the only ones touched. Neither Raila nor Kibaki were affected in any way. They both have jobs and are educated in their own right.

So before you try to play the seesaw,reason out the impact of your comments.

Anonymous said...

Anon@2.29, before you open your trap, read and deduce what has been written. If you read all my posts, you will find that in one of them I said Kenya lost. I dont believe communities lost, I dont believe Kibaki lost (HE WON THE ELECTIONS AND WAS DECLARED WINNER), I dont believe Raila won, but Kenya and a nation, as a country, as a community and society lost. Me and you (if you are Kenyan) lost. Kenya is bigger than you and any political affiliations therein.

-Derek-

Anonymous said...

To the many anons, let me enjoy my night out today. I will chat with you tomorrow. My Blackberry needs a rest. Let me ponder the next move that my BELOVED KENYA will make. See you another time. Kibaki Tena, Kazi Iendelee.

-Derek-

Anonymous said...

Before I forget, PIGS HAVE GROWN WINGS!!! They are flying where the Eagles dare! EVEN IN AMERICA, PIGS HAVE GROWN WINGS. They will be flying in November.....Jijazieni jamaa

-Derek-

Anonymous said...

Jacking-off with your blackberry can be exhausting for blackberry's try the IPhone. Ujinga Tena, Ulevi Iendelee

Anonymous said...

I am sure Kibaki cant wait to sign this agreement and then not honour it. This may prove to be another waste of time and the lives of Kenyans.
Whatever Kibaki does, the travels bans and assets freeze is affecting his buddies the most. Read today's nation. Kibaki and his buddies will be the losers

Anonymous said...

Anon @ 2.19; When it is his time, RUTO WILL HAVE MY VOTE TOO.

And yes, I am also not from his ethnic group. Ruto is a freedom fighter and one of my heroes.

Anonymous said...

Anon @ 12.44; I agree - Eldoret and Kisumu will rise again.

They were growing at snail's pace anyway. Majimboism, consitutional changes and good governance will now allow them to sprout unfettered.

mkosti-boli said...

ugly kibaki and his stupid, uninformed, greedy, shortsighted, tribalistic, misled, arrogant, and thieving peabrain kibakistanis..please know.

sani abacha-passed on
tribalistic jean baptiste bagaza-was ejected from office
siad barre-was ejected
jean bokassa-was dethroned
milton obote-was ejected
mobutu seseseko-was ejected
habryamana-was ejected
hissenne habre-was removed

derek (the field marshal) said...

Raila wants to save Kikuyus more than Kibaki would want. (Maina Kiai). Anyway, Raila is giving little "concessions" as news come in from the diaspora that Kikuyus started committing suicide, while the ones in non-ODM zones live in dehumanising conditions. Pliz help if you can: may the dead rest in peace.

http://www.kimmediagroup.com/index.php?option=com_content&task=view&id=352&Itemid=671

Anonymous said...

Shut the F*** UP Kumekucha. You've failed in your divide and mobilize tactics.

Anonymous said...

I think it's really sad that anyone should be gloating about parts of Kenya that have been historically marginalized. When a single group or groups are held back while others flourish, we ALL fail.

When we have a government that has the interests of each and every citizen, institutions that aren't beholden to the Presidency but to the citizenry, then we will all have a lot to thump our chests about. Until then, we are simply pointing our index fingers and rolling on the floor laughing at the so-called lazy, stupid groups while our 3 fingers point back at us castigating and telling us that we will also suffer the consequences in one way or another.

Anonymous said...

Will the Mt.kenya mafia yield to travel ban?

Most of those on the list are political and business associates of the President, all of them from central Kenya.


US declines to reveal the eight in travel ban
By KEVIN J KELLEY, NATION Correspondent, NEW YORK

Last updated: Fri, Feb 08, 2008 23:32 PM (EAT)
The State Department has refused to disclose the identities of eight Kenyans who have been warned that they may be barred from travelling to the US.

But a member of the United States team that monitored the December 27 elections has given the Senate 16 names of reputed “hardliners” associated with both President Kibaki’s camp and the Orange Democratic Movement. The identities of the eight individuals cannot be disclosed “because of the confidentiality of visa records,” State Department spokesman Tom Casey told reporters in Washington on Thursday.

Overseas assets

Mr Casey indicated that the eight include “a mixture of politicians and businessmen.”

He insisted that eight, not 10, Kenyans had been sent letters indicating that their US visas could be revoked if investigations determine they were linked to the post-election violence.

US embassy officials in Nairobi had earlier indicated that 10 Kenyans had been issued letters of warning.

Prof Joel Barkan, a member of the International Republican Institute election monitoring team, meanwhile named 16 Kenyans who should immediately be barred from entering the US.

The overseas assets of these “hardliners” should also be frozen as part of sanctions coordinated with the United Kingdom and European Union, he added.

Most of those on the list are political and business associates of the President, all of them from central Kenya.

Prof Barkan also named ODM hardliners, mostly politicians from the Rift Valley, as responsible for the violence in the region.

In regard to the outcome of the General Election, Prof Barkan said that “while it is impossible to argue with certainty that Raila Odinga won the election, it is possible to argue with near certainty and evidence that Mwai Kibaki did not win. Indeed, Kibaki may also have failed to meet the requirement that the winning candidate received at least 25 per cent of the vote in five of Kenya’s eight provinces, a test Raila Odinga easily passed.”

Prevent bloodshed

Also on Thursday, the US House of Representatives voted unanimously for a freeze of all non-humanitarian aid to Kenya if PNU and ODM prove unable to resolve the election crisis peacefully.

In a related development, US State Department’s top diplomat for Africa says an independent investigation into the polls fiasco could help prevent more bloodshed.

--> Page Two |

Anonymous said...

What ODM case against State at The Hague means

Story by GITAU GIKONYO
Publication Date: 2/9/2008
The Orange Democratic Movement has filed a complaint at the International Criminal Court (ICC) in The Hague, alleging that the Government has committed the crime of using force against Kenyans protesting against the disputed presidential election.


Former Liberian president Charles Taylor.



The opposition party has written to ICC chief prosecutor Luis Moreno-Ocampo asking the court to investigate claims that the Government, through its security agents, is responsible for the killing of protesters in Nyanza and Western provinces and parts of Coast.

In the complaint, ODM names President Kibaki and his Cabinet, among others, as the people they want investigated and possibly tried. The move comes at a time when efforts are being made by eminent African people, led by former UN chief Kofi Annan, to restore peace, and it would have serious implications on the initiatives should there be an indictment.

The first issue is that of individual criminal responsibility versus command responsibility. For instance, can a sitting president be individually subjected to the ICC jurisdiction? What crimes would he be charged with and what implications would this have if it were to happen?

One of the preconditions for the exercise of jurisdiction by the ICC is membership, and since Kenya is a state party the court has jurisdiction to hear the ODM complaint.

Applicable offences

The only possible applicable offences are those of genocide and crimes against humanity. This leaves the question of individual criminal responsibility versus command responsibility. It is not clear in what capacity ODM has named the President and the Cabinet, as well as Roads minister John Michuki, police commissioner Hussein Ali, administration police commandant Kinuthia Mbugua and his GSU counterpart, Mr Mathew Iteere. However, it does not matter whether they are cited as individuals or in their official capacities.

Under international law individuals may be criminally responsible for acts that constitute crimes under international law, regardless of the law of their states. Under Article 25, the court has jurisdiction over people and a person is individually responsible for any crime within the ICC jurisdiction.

The underlying basic assumption of individual criminal responsibility is founded upon the principle of culpability; that is, no one may be held criminally responsible for acts or transactions which one has not personally engaged in, or some other way participated in.

Thus, the individual responsibility of President Kibaki and the other named government officials would have to be established and proved for each to be individually liable to prosecution.

The doctrine of command responsibility, on the other hand, postulates that individuals in positions of authority, whether civilian or military, may incur criminal responsibility on the basis of their de facto and de jure positions as superiors. It does not matter that one is a Head of State. The ICC statute applies equally to all people without any distinction based on official capacity.

The court’s jurisdiction is also not fettered by any immunity or special procedural rules which may be attached to a person’s official capacity under national or international law. A most recent step in the trend towards securing international criminal responsibility of high-ranking state officials was the arrest of former Liberian president Charles Taylor.

Thus, since ODM has lodged a complaint to the ICC, the prosecutor will analyse the seriousness of the claims and decide if there is need to carry out an investigation and request authorisation from the pre-trial chamber. If the chamber finds a reasonable basis of proceeding, it will authorise the investigations.

After the preliminary examination, the prosecutor may conclude that there is no reasonable basis for an investigation and inform the people who provided the information.

After the initiation of investigations a warrant of arrest will be issued at any time if the prosecutor applies to the chamber. However, arresting an indicted person is a protracted diplomatic issue, especially where the individual is a Head of State. For instance, on June 4, 2003, a warrant was issued for Mr Taylor’s arrest as he travelled to Ghana with Liberian rebel groups for peace talks.

The order was served on the Ghanaian authorities and transmitted to the international police — Interpol. Mr Taylor addressed the peace conference and left abruptly for home aboard a Ghanaian plane. The Ghanaian authorities did not arrest him, and it was not until March 29, 2006, when was he finally held.

It should also be noted that investigations are a very slow process, and most of the cases forwarded to ICC are eventually dismissed. As of August 2007, the office of the prosecutor had received 2,450 cases of alleged crimes in more than 141 countries. After an initial review, however, 80 per cent were found to be “manifestly outside the jurisdiction of the court”.

A major hurdle usually faced by a complainant is the issue of complementarity. ICC is intended to “complement” the current national judicial systems. Under Article 17, the court can only exercise its jurisdiction when national courts are unwilling or unable to investigate or prosecute. State parties are expected to implement national legislation to provide for the investigation and prosecution of crimes under the court’s jurisdiction.

Last year, for instance, Corp Donald Payne became the first Briton to be convicted of a war crime. He had pleaded guilty under ICC to implementing legislation for inhumane treatment of Baha Mousa, an Iraqi detainee, following the 2003 invasion of Iraq. He was sentenced to one year in jail and dismissed from the army.

In the current case, all that needs to be proved is that the Government is unwilling or unable genuinely to carry out the investigation. Given the personalities that ODM want investigated, it is clear that the Government would be both unwilling and unable to genuinely investigate and prosecute them. Under the Constitution, for instance, a sitting president is immune from all criminal and civil actions. This clearly shows the inability to genuinely investigate and prosecute him under the complimentarity principle.

Serious implications

As things stand, should President Kibaki and his co-accused be indicted by the ICC, this would have serious implications in relation to the current peace initiative as the President would not remain committed to the peace search. This is reminiscent of the situation involving Lord’s Resistance Army chief Joseph Kony in Uganda. He and his deputies are all indicted by ICC for crimes against humanity.

This is dealing a blow to the peace process going on in the South Sudan city of Juba, with Kony reiterating that he will not leave his jungle hideout until the ICC warrants are removed. Similarly, when he was charged with war crimes and others against humanity, Mr Taylor reacted by warning that there would be no peace in Liberia unless the charges against him were dropped.

Mr Taylor’s trial, however, sets a precedent in that it is the first time a former African Head of State has to face an international war crimes tribunal for crimes against humanity. But it is a welcome step in the emerging efforts to make leaders accountable for their actions. It sends a powerful message that warlords ultimately have a price to pay.

Mr Gikonyo is an advocate of the High Court

Marende is my MP said...

Whatever the outcome of the negotiations PNU has all to loose! Remember the traditional axiom that when you are invited to a function don’t rush to the high table even when you are the guest of honour. Wait for the host to guide you there.
Kibaki rushed to state house while Lucy stuck to the bedroom…… They will soon be shown theor rightful abode.
The person I sympathise with most however is ‘ Wifer’ a self proclaimed Christian. We now know the truth……

Ken said...

Since 1975 during Mzee Jomo Kenyatta`s one man regime when Mr. james Orengo used to be in University, his life used to be in danger. When The tyrant Moi took over for 24 years of dictatorship and running the country to the ground economically, Mr. james Orengoo`s life used to be in danger and now during ODM and the elections thief rule General Kiguoya`s regime Emilio Kibaki Mr.james Orengo`s life is in danger. Can`t someone dpo something. Orengo a scare crow who survives on the public mercy and he is a propagada man. How comes he does not leave the country like his brother Githongo for his safety and seek assylum in UK or other western countries?

He should stop fooling Kenyans about being in danger and do something about it or someone will do something about it.Who is fooling who? kenyans now have matured and can not be fooled easily. All he wants is to be pocketing $13,000 dollars plus allowances as an MP per month for payukaring and doing nothing from Tax payers money.

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