The day ICC And Bensouda were to return for Ruto?

 The ICC cases against Kenya are proving to be extremely stubborn, akin to someone refusing to board a plane despite all efforts to get them on it. On a serious note, there are compelling reasons why these cases persist and refuse to fade away. Interestingly, while my colleague Hezron and I agree that these cases are here to stay, our reasons for this conclusion differ.

Hezron's Perspective

Hezron attributes the resilience of these cases to a moral and spiritual dimension, suggesting that the blood of the victims of the 2007 post-election violence cries out for justice. Essentially, he believes that unresolved atrocities and the cries of the victims' souls keep these cases alive.

Why the ICC Cases Won’t Disappear

On my part, I have outlined several practical reasons why these cases won’t simply vanish. Over seven months ago, I released a video explaining in detail the revival of these ICC cases, particularly highlighting the case of Meshack Yebei, a witness whose controversial murder and burial underscored the complexity surrounding these cases. Here are my main reasons:

1. Unresolved Issues from 2007

The root causes of the 2007 post-election violence remain unaddressed. Many people displaced during the clashes have not returned to their homes, and elections in Kenya are still marred by allegations of fraud. With no resolution in sight, it is unlikely the ICC cases will just fade away.

2. Continued Evidence Submission

The ICC prosecution office continues to receive evidence and information about the 2007 violence. Witnesses who were relocated abroad as part of a protection program remain bitter over the lack of justice. Given the trauma they endured, it is hard to imagine these witnesses simply moving on without seeking some form of closure. Many are eager to contribute to the revival of the cases.

3. ICC’s Reputation at Stake

The ICC faced significant criticism after the Kenyan cases were terminated, with some observers arguing this failure threatened the court’s credibility. For the prosecutors, allowing the cases to remain unresolved would be tantamount to admitting they presented weak cases initially. They are professionally motivated to revive the cases and see justice served, as their reputations depend on it.

4. The Role of Judge Chile Eboe-Osuji

Judge Chile Eboe-Osuji, who became the ICC President in 2018, is no stranger to Kenya. Having worked on the International Criminal Tribunal for Rwanda in Arusha, Tanzania, and frequently visited Nairobi, he has an in-depth understanding of Kenyan politics and dynamics. His familiarity with the local context could significantly enhance the ICC’s chances of securing convictions should the cases be reopened.

Political Implications

Politically, the ICC cases represent a ticking time bomb. Even if no one is ultimately prosecuted, the cases could still emerge as a hot topic during election campaigns. Historically, Kenyan elections have been heavily influenced by tribal alliances. However, there is growing evidence that tribal politics is losing its appeal among voters. As Kenyans increasingly prioritize issues over tribal affiliations, corruption and unresolved ICC cases are likely to dominate future campaigns.

Conclusion

Ultimately, these cases refuse to disappear because their underlying causes remain unresolved, witnesses continue to push for justice, and the ICC is keen to redeem its reputation. Should the cases be revived, the likelihood of successful prosecutions will be higher than before, especially with experienced judges like Eboe-Osuji involved. Only time will reveal the full extent of their impact on Kenya’s political and judicial landscape