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Saturday, October 09, 2010

ICC: Of Judge Rawal and The Hague Express

You cannot fault the Chief Justice Evan Gicheru for being alive to Kenya's morbid and rabid tribal realities. Granted, Lady Justice Rawal is more than qualified to help with ICC investigations on PCs and PPOs. But you don't have to be a neurologist or a NASA scientist to see why she was a safe bet among the LOCAL legal brood. No wonder the tribal Diaspora are already crying wolf that the good Judge is not Kenyan enough.

The adage the guilty are afraid and get exhausted chasing their own shadows could not have been more true. On one hand ICC wants official State minutes detailing (mis)handling of PEV and on the other Rift Valley MPs are asking the Hague-based court to investigate mass action planned at the ODM headquarters that produced the resulting chaos and destruction.

Well, as Chinua Achebe aptly summed it, a frog never leaps across the road if something is not after its life. ICC's singular determination to prove her case of crimes against humanity has foamed into a life of its own. Forget the tribal posturing, no amount of gerrymandering will cloud ICC's vision to met justice.

Fact, the genocide suspects are individuals and not tribes. They better get used to the truth that the dragon of of impunity has individual souls and no trace of collective ethnic loyalty. What is more, crime against humanity is often traceable to government turning its monopoly of violence against her own people. And lest we forget Kenya has never had a parallel government at any given point in time.

That our sickening tribal loyalty has acutely infected even the so-called exported bigots answering to the tag of Diaspora is shameful to say the least. And the politicians know it that is why they are drumming tribal emotions with the aim of sucking ICC into that primitive dark tunnel. Well, with all its warts notwithstanding, ICC has her sight singularly trained on the key suspects.

Outside the facade of sovereignty (if only that would stop us from self-destruction), the government has nothing to fear in providing those minutes. Similarly, the RV MPs are giving themselves away by shadowboxing and pointing fingers about mass action. They are fooling nobody but themselves with the hollow and cheap security in numbers mindset.

We failed ourselves and we have no moral grounds to shout otherwise under the cover of new constitution. The truth be said, ICC is rattling all suspects. And you know what, they are VERY AFRAID because they have no recourse to buy or delay justice. Let the suspects carry their own crosses no matter the wait. The tribal security in numbers is a cheap shot that won't wash.

ICC is only stepping in to fill the void left by our failed judicial system. Protesting that using the new constitution is typical deceptive Kenyan ways of living a national/tribal lies. Questioning PCs, PPOs and those who bankrolled the violence and murder must not be tribalized. Justice can only be frustrated but never defeated.


chola said...

Why do the gods always accept blood from an innocent lamb or virgins?
Kenyans do you thinks, if Raila, uhuru, kiba,moi or ruto, blood had soaked our PEV 2008,could we have arrived to august 4 new constitution.
May be ocampo and his demons service with this tainted blood.

Anonymous said...

Let them have it. Let them have their just desserts. Let the punishment fit the crime.

Well stated, those suspected of ethnic cleansing
a) are individuals and not tribes.

b) That our sickening tribal loyalty has acutely infected even the so called exported bigots answering to the tag of Diaspora is shameful to say the least.

c) We failed ourselves and we have no moral grounds to shout otherwise under the cover of new constitution.

Muru wa Gacii

Anonymous said...

Judge Kalpana.H. Rawal is not "Kenyan enough" according to some individuals in Kenya as well as several Kenyan 'immigrants' residing in North America and Europe.

How "Kenyan enough" should one be after having spent forty years of their professional life in Kenya?

As a matter of fact, way, way, way back while so many of us were not yet born, others were still toddlers - in diapers (if any) - aka "porridge-necked babies", in primary school, secondary school, high school or college, Judge Kalpana Rawal was already teaching Adminstration and Police Officers at Lower Kabete in 1975.

At a time when Mzee Jomo Kenyatta was still president of the Republic of Kenya, one mad man Gen. Idi Amin was busy destroying neighbouring Uganda, and Mwalimu Julius Nyerere was president of Tanzania.

Furthermore, Judge Kalpana Rawal was a trail blazer, in 1975 she became the first female lawyer to establish private practice in Kenya.

How "more Kenyan" does a person like Judge Kalpana Rawal have to be in order to be accepted or seen as being "Kenyan enough", whatever the label means in this day and age - 2010?

Are Judges Murugi Mugo, Joyce Khaminwa, Hannah Okwangu, Mary Ang'awa, Jessie Lesiit, Martha Koome and F.N. Muchemi any "more Kenyan" and highly qualified than Judge K.H. Rawal?

How many more lame excuses and monkey wrenches are some of us going to throw at the Hague Express?

Or are the antics part of the symptoms of some people sinking deeper and deeper into a self induced crisis/panic mode with no where to turn to for immediate relief or cover?

Muru wa Gacii

M. Pesa said...

Wait a minute, isn't this judge Rawal Kalpana the same wimp who has a history of withdrawing herself from sensitive cases in the last minutes citing threats coming in through her text messages? The last time I checked the cowardly judge had quit a petition case filed by that makanga MP called Simon Mbugua who went ahead to intimidate her. So I really don't believe this judge can handle even more scorching heat in the big cases concerning post election genocide. She clearly lacks the balls of Martha Karua as far as dealing with 'big men' is concerned. So only God knows why the powers that be would want to place her on the hot seat that will soon be dealing with big time thieves, liars, crooks, cheats and mass murderers!

Anonymous said...

The former Rift Valley legislators do have a point,after all they were insiders at the time of PEV so they know how the orders came and from what source.The demonstrations,road clossures,evictions and killings were not as spontaneous as some people have always tried to reason.The people who were calling for mass action must have sat somewhere to decide on what action to take to protest their loss before they came out before TV cameras to urge their supporters to go to the streets.Yes,let the ODM provide minutes of the meetings the pentagon used to hold during those dark days.They probably say more than many people imagine and dont forget the fact that William Ruto was a very influential and trusted member of the pentagon at the time.

Eric. said...

@ Muru wa Gacii..... Well put brother.

Despite the Main Political parties reluctance to engage in a proper debate about the 'political crisis' ( read formation of a local special tribunal) they tossed it to the HAGUE to DECIDE citing incompetence of our judicial system.

We know our politicians loudly denounce tribalism in public, while in private they are busy formulating tribal schemes and why do they do these? Is it Because they want to exploit our "Tribal Weaknessess"

The notion behind this is that the majority of Kenyans are 'programmed' to be tribal first then Kenyan's second - are we thus the very enablers of tribalism?

Martin Luther King, jr once said.... " Morality cannot be legislated but behaviour can be regulated, judicial decrees may not change the heart, but they can restrain the heartless"..

If one looks at the International Hague Network of Judges that was published in 20th Sept 2010 you will notice that Kenya is represented by two Judges, namely; Hon. Lady Justice Kalpana H. Rawal and Hon. Lady Justice Martha Koome, perhaps thats the reason Rawal was appointed.

Anonymous said...

@ M.Pesa.

According to you Justice Kalpana Rawal lucks 'balls' like the one's of Martha Karua ( a he goat perhaps ).
1). Kindly recommend to us a Judge who has the 'balls' that you so desire bearing in mind that Martha Karua is not a Judge but a 'pretender' to be PORK.

2). Please cite other 'History' examples were the Judge has bolted, to enable us agree with your informed decision - ama ni kusambaza to maneno ki M-pesa.

Atleast if she 'cowardly' steps down she will let Kenyans know who is threatening her ama? So that tutaweka 'Tyre'

Anonymous said...

Now that Kalonzo has joined the Tribal express caravan screaming Unfair!

Or is it the fear of seeing statehouse in the T.V sets in Seikuru. Ruto has stated that he is going for state house chest thumping that he delivered 3 Million NO votes against YES combined heavy weight led team with 6 Million votes.

So that leaves KK and one Uhuru is having sleepless nights to the extent of contacting an international law firm based in UK to 'assist' with Hague Matters and just for consultation this law firm has been paid a cool 20M.

Now seeing that an even Uhuru and Kalonzo combi cant 'beat' Ruto lone ranger raid to statehouse unless the train to the hague makes him 1st class passenger.

Now that leaves the indefatigable Raila / Mudavadi combi that everyone loathes on the Uhuru / Kalonzo camp.

Emilio Kibaki had been briefed well and that is why through his son Jimmy they tried fronting Wamalwa ,who comes from my backyard but lacks the oomp and gravitas for the house on the hill through Simama Kenya.

Raila tried his best to ask Mps to vote for a local tribunal, but we all know that KKK axis always want to oppose him, Ruto even said that lets wait for year 2090 so that the Hague can come, well its coming real soon.

Anonymous said...

Premise 1: all kenyans hate tribalism.
Premise 2: All kenyans are tribal and practise tribalism.

Conclusion: kenyans hate themselves.

NB: am no expert on logic, just playing with my keyboard.

Anonymous said...

Raila should be the first person to stand the trial at the Hague. The buffon is a killer and blood-thirsty-power-hungry Thug!

Anonymous said...

Judges Warsame, Waki and Isaac Lenaola some of the great judges with impeccable records including hitting out on our corrupt and inefficient executive over recent illegal rendition of Kenyan terror suspects without following the new katiba. Is it any wonder that even LSK has forwarded their own list of about 10 judges to replace the highly rusty and moribund Chief Justice Gicheru? Kalpana lacks the mettle to navigate our highly polluted political cases.


Anonymous said...

Kibaki should be the first person to stand trial at the Hague. The old imbecile wanted the country to burn so that he could retain power.

Plus there is no legacy that he has left Kenya with, its Raila who delivered the new constitution PERIOD!

Kibaki off to the Hague Morio.

Anonymous said...

Raila should provide the ODM Pentagon 'mass action minutes' mara moja, NO LONG STORIES if ODM have nothing to hide. After all, the mass killings and rape, mass sodomy, burning and looting resulting in mass ODM orgasms were started by ODM and its supporters.

Anonymous said...

@ M.pesa 12.56 a.m and M-pesa 4.15 am.

Once again we say you have 'failed' the vetting test. Your choice of Judges shows your ineptness and rather than being objective you are more subjective. Your information is based on what you have read in the press and not on the hundreds of judgements that have been delivered by the said judges and others like Justice Philip Tonui, John Mwera, O'Kubasu etc

Justice Warsame's verdict on the case of Mohamed Kana cannot be cited as being more "qualified' than that of other judges.

In the same regard neither can Justice Lenaola's ,Duncan Katabwa Vs. Kitui Eastern bus services, furthermore Lenaola is an expert in Land and Commercial Law.

We all know Justice Waki prepared the 'Guest' List to the Hague would it have been different had other 'qualified' judges been appointed to investigate post election violence? Do not 'cry wolf' even before the Lady Justice has begun her work. I thought judges have a right to disqualify themselves from hearing cases.

Having said that, could it be that she felt that she was going to rely on the 'threats' and not the 'facts' of the case which would lead her in making an unfavourable judgement against Thug Simon Mbugua and not 'cowardice' as you have put it.

Could the Faith that the Hague has on Justice Martha Koome and Kalpana Rawal be misplaced?

Your lady who is blessed with 'balls' one Martha Karua once stated that the Judiciary appointments are made through "favouritism, cronyism and incompetence".

Given the Local party and ethnic aspersions being cast on the ICC probe, Justice Rawal may be considered a safe pair of hands to handle the task.
Lets wait for the 'ratio decidendi' & 'obiter dicta'


Anonymous said...

Now where does Obama come in, when Hague matters arise, isn't his government that sent two Law Proffessors to try and stop the Kenyan case @ the Hague.

Raila tried to stop the cases being taken to the Hague and pleaded with the Mp's to vote for a Local Tribuna but Noooo, they were against it. If Rao would have succeeded the story would now be, Raila opted for local tribunal so that the criminals should be tried here where they have powers to manipulate the courts.

Uhuru, Kalonzo and Ruto did not marshall their mp's to support the local tribunal, now its biting them in the Ass.

Anonymous said...


Congratualtions to Peruvian Mario Vargas Llosa for winning the 2010 Nobel Literature Prize. Congrats too to our own Ngugi for making it to the FINALS. Mario won in all fairness given his glittering CV. ?

May be the results would have been different had Ngugi avoided cheap ETHNIC LOYALTY, may be not.

Anonymous said...

Anon 7:19 AM.

Congratulations to Mr. Vargas Llosa and I wish him all the best.

On the other hand, I am so glad that he withdrew from venturing into politics on a full time basis and ended up concentrating on his craft.

Otherwise, he may be resting his 74 year old frame in the very same place where his one time political opponent, Fujimori, calls "a friendly but unwelcoming 'home' far away from."

Good things come to those who wait for them at the write time - October 2010 - and place - Princeton University.
I beg to differ with you with regard to the notion that Ngugi wa Thiong'o has bought into cheap ETHNIC LOYALTY.

That not the case because Ngugi Wathiong'o's choice of language has very little to do with negative ethnicity, but a lot to do with the struggle against the ongoing linguicide around the world.

Let's look on the brighter side for a moment. Ngugi has helped so many Africans find ways and means to decolonise the mind in one way or another.

And for that, I am among those who are grateful for his courage, tenacity and vision.

BTW, don't get me wrong, because I am very much aware of Ngugi's well known shortcomings and stubborness. He is not an angel by any standards, but he is just a mortal like one of us, and Kenyan for that matter.
FYI, all Ngugi wa Thiong'o has done and continues to do - whether some people like him or hate him - is resist and revolt against the ongoing death of languages.

An issue that has always been revisted so often and brought to the world's attention by authors like Vargas Llosa and other concerned writers around the globe.
Language death may affect any language idiom, including dialects and languages.

Language death should not be confused with language attrition, (also called language loss) which describes the loss of proficiency in a language at the individual level

Muru wa Gacii

Anonymous said...

I hear you and your defense of native languages. But come to think of it, which language are using to articulate your point/s? Can you even attempt translating your points here in your native tongue?

All the balderdash about decoloninizing the mind is akin to our rush to shout sovereign when caught exterminating each other. Ngugi is stuck in a time warp of intellectual disourse of yore, i.e. wanting to remain relevant. Call is NOSTALGIC academic trauma just like Kibaki treats other Kenyans as the idiots he used to beat in school then.

Language's primary role is communication, PERIOD. All the fad about cultural preservation is nothing but -VE ethnicity in disguise.

You cannot bake you cake and eat it - fight foreign langauages on which you intellect is anchored. Double standards comes in different sizes and shapes just like trashing everything west from the very cossy walls of Longon/NY.

Live and les live, ama?

PS: FYI Prof Vargas Llosa vied for Preu presidency in 1990 against A. Fujimori and dispite failling is still very vocal on matters Peru from the present powers. Contrast that with Ngugi whose disguised ethnic superiority syndrome made him take VERY PARTISAN stand in 2007 (Just ask Njeeri)

Anonymous said...

I have never Liked Ngugi wa Thiong'o, the guys hair is always unkempt.

The book covers are written in a language that I do not fathom, after being played by his kinsmen to return home, his wife ended up being shafted in the ass.

Revenge it seems for his years of refusing to toe the line perhaps. Now back to this Isaac Ruto guy whose credibility is next to zero, bringing in cheap propaganda.

Ati pentagon minutes, wasnt this the same guy who went underground during the referendum and was always seen behind Rao during that time, and a one Kutuny.

This are the political garbage that we cant wait to get rid off come 2012.

Anonymous said...

Indeed, ODM called for mass action, but which was interpreted by their primitive supporters to mean killing, raping and sodomising GEMA people and looting and burning their property; in Kisumu where the screaming hordes chanted 'No Raila, No Sukul(school)', in Kakamega where they said 'No Raila, No Okasim(orgasm)', and so on in Kericho, Eldoret, Nakuru, Kibera, Mathare, Kariobangi and Mombasa. The ODM leadership are therefore responsible for the actions of their supporters after winding them up with hate and slogans like 41 against 1 for 2 years, and NEVER coming out to condemn their supporters barbarism. Ruto should NOT be made a scapegoat for criminal offenses under ICC statutes that Raila should answer for.

Anonymous said...

I only hope Ruto(William not that other Kamangu look alike) was smart enough to keep copies of those minutes himself.They may prove to be his lifeline.On other things,if stories and photos appearing in fridays 8/10/2010 standard are to be believed,then it seems like Fidel Odinga's "marriage" to a Kikuyu wife was just another of Railas many politial projects.The younger Odinga appears very cosy with another lady in public and as the standard reports,the two have been at it for quite sometime.And remember there was no formal wedding between Fidel and the Kikuyu lady in the first place.So,was it a "marriage" of convenience to lure Kikuyu votes..?Am sure we wont wonder for long...!

Anonymous said...

Oops,insert the word Political NOT politial above..!

Anonymous said...

MASS ACTION IS OUR KENYAN RIGHT. Those trying to infringe this right should be prosecuted or stay at home. the Fact that we have police who decide when to control a crowd well and when to shoot at them is well known since Moi and Kenyatta eras.

Kenyans are decent enough to seek to plan mass actions as required by our laws, but whether they happen or be peaceful depend on police and president for that matter.

Moi brainwashed kenyans to think they should never revolt in masses, and the police forgot its also their dutty to protect people and property during such functions.

Anonymous said...

Those who ever doubted that Kenyan politics revolve around Raila can now see for themselves. I am no fun of son of Jaramogi but any discussion on Kenyan politics cannot pass without mentioning him albeit irrelevantly most of the times.

You know you are powerful when you name drops out of everybody's lips and keyboard. Many deny, but the sumptous meal of denial never constipates.

Hague here we come.

Anonymous said...

Anon 8:31 who am sure is Taabu.!Am not the one who determines what the Standard publishes..!I commented on a current affairs story.If to you it sounds irrelevant,maybe you fear it may dilute your post..!

Anonymous said...

Agwambo is truly the ENIGMA of Kenyan Politics. The political landscape wouldn't be exciting without him, just Ask Nation and Standard his name makes their bank account swell.

Now that is what we call POWER, if the affairs of your children are interpreted politically ( read wooing kikuyus), if you even sneeze ( it means you are dying), if you travel abroad ( secret medical checkup), if the cabinet resolves to evict people from the Mau and the President publicly bestows on you the same ( it becomes Rao is backstubbing the R.V people).

If he leads the championing for a new constitution even after loosing out on the kind of constitution he wished for ( Rao is running with the constitution for 2012).

If Opinion polls all over are showing that he is leading ( Rao is funding the research).

The Luo population was shafted in the census as they knew Rao would complain but Ng'oooo he didnt utter a word. For the guys who know the real reason why the UN was greatly involved in the post election violence - they feared the violence would spread in the East and Central African region. Just to scratch the surface, the population for the Luo in Uganda alone ( Over 900K) , Tanzania ( Over 600K), Sudan ( Over 200K), Ethiopia ( Over 100K), DRC ( Over 900K - no wonder luos love lingala) and this numbers are for Kenyan Luos not the Acholis, and jojajoks of this world.

Ask NSIS spy tsar Michael Gichangi the Luo population report that he presented to Kibaki on 10/12/2009 at state house and they said AIDS has ravaged the community what hogwash.

The PM of the Republic of Kenya is surely POWERFUL and even his sworn enemies would curse the day that he dies, no no let me rephrase that they cannot even IMAGINE IT.


Anonymous said...

Anon 7.32 a.m

No Okasim! Honestly..... Thats what we make Kikuyu women do. Unlike when they are with there central kenya men, plaiting their hair while you are @ it.

You see your story sucks no wonder even Ngugi wa Thiong'o lost. TRIBAL LOYALTY. How much has Simon 'thug' mbugua been paid?? to say his community is being targeted, that short pigmy of a man.

See you Kikuyus bring it on, Mundu Ku mundu, we can out Muscle you quit literaly, ebu kwanza stop drinking chang'aa and stealing and killing. Power hungry goons.

Dont worry I have also stooped low and am no longer reasoning so please forgive my brouhaha! You led me into making such comments.

Bwa..haha.haaaaa , Bwa ha ha haaaaaa.

Anonymous said...

Brand Kenya

Kenya UK Achievers Awards was a shambles
October 7 2010 at 2:25 PM Peter Awalla
Whilst I salute all Kenyans for their hard work and congratulate the winners, this years awards was a shambles and whitewash.

I took my wife out for Kenyan men are normally ridiculed that we dont take our women to glitter nights but was extremely dissapointed by the Kenya UK Achievers Awards ceremony especially having bought myself an expensive dinner suit and my wife an evening dress for the occasion.

I was very impressed with the choice of the Hotel but the event itself was total chaos.For one, we didn't even know why the winners won, winners were just being called to pick their award, without even mentioning who the other nominees were, nor the winners being given a chance to say a word or thank those that nominated them.

Perhaps the organisers should not call themselves event organisers but con artists because they didnt have the courtesy of apologising that the much hyped Jimmy Gait could not be in the ceremony, am sure had they mentioned this which was their selling point then they people would not have coffed up £100.00 for a couple.

Brand Kenya CEO publicly mentioned that they had sponsored the event so why should we have paid that much if any at all. I was happy to pay the hundred pounds if I could have got my money's value and thats whay I was there.

We should have other credible event organisers as I strongly feel and believe that we should honour, salute, promote, recognise and encourage hard work among Kenyans. We should also respect Kenyans and not take people for fools as what this kind of organisers do is only make the work of other genuine Kenyans hard as the community loses trust whereas everybody wants to promote our own community.

I am sure that whilst I congratulate the winners other Kenyans. I am also sure that in the community spirit mr seed will publish this message.

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