Thursday, December 01, 2011

Bashir's Ransom Wins, Court's Warrant Rubbished

Update: Now that Fatou Bensouda of Gambia is destined to succeed the voluble Louis Moreno-Ocampo, Kenya has been left with her face plastered with eggs after the 'brotherly' support of Tanzania's CJ Mohamed Chande Othman flopped. The shuttle diplomacy can only save Bashir and no more (read Ocampo6).

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High court Judge's decision to issue a warrant of arrest to Sudan's sitting President Omar Al-Bashir is the ultimate test on judicial independence from executive meddling. The Government never saw it coming or if they did they must have dismissed it with a wave of the hand confident in the old ways of doing things. No wonder they wasted no time to trivialize the not only as insensitive but irresponsible and unpatriotic too.

With predictable impunity and bravado, Foreign Affairs Minister Moses Wetangula, a lawyer himself, has indicated Bashir is headed to our shores courtesy of Kenya Government's invitation. Hiding under so-called IGAD head of states meeting will not fool anybody from the masked brinkmanship. In plain language the executive is reminding the courts who is the boss, period.

Where others see judicial activism, Wetanguala reads destructive insensitivity to national and regional matters of peace. Omar Bashir wouldn't have been happier holding the whole region at ransom with regards to peace in Southern Sudan. And he has neighbouring allies who are more than ready to irk ICC for obvious reasons.

The script is so predictable seeing foreign hands lurking in every shadow. While Bashir sponsored the Janjaweed to butcher (ethnic/black) Africans, our ears will be assaulted with drums of war castigating the West for imperialism. In the process the butcher of Khartoum will have his bloody hands cleansed with sectarian and racial detergent in the name of IGAD and/or AU.

By inviting Bashir to Kenya again the Government is rubbing salt to the wound it inflected on our national body in August 2010 during the new constitution's promulgation. If we ever thought that act of obtuse impunity was unfortunate and regrettable, well the Government is reminding all and sundry KENYA IKO NA WENYEWE.
You see with no spine to remind Sudan that the ruling was an act from our independent courts, Wetangula is circumventing the core issue to serve political expediency by throwing the balderdash that expulsion of ambassadors is a normal thing.

Poor Prof Githu Muigai must be precariously dangling between the rock and the dark blue sea. Like Wentangula he knows the LAW is LAW but again he knows which side of his bread is buttered and by whom. Damned if he acts professionally and damned if he does an Amos Wako.

Friday, November 25, 2011

Kenya Engages Reverse Gear on New Laws

Kenyan leaders must be world beaters in speaking through both sides of the mouth. While on one hand we want to be seen as modern by adopting electronic voting in the 2112 election, we cannot hasten the process by 100 days. While Mutula is promising eradication of dead voters from the election register, he is can only guarantee mayhem if the polls are held next August and not his preferred December. According to the good lawyer those four months defines the difference between chaos and order.

And by sanctioning the official mutilation of the new constitution even before its full implementation, the Speaker to Parliament Kenneth Marende has laid the foundation to golden pavement of Kenya's ruin. He completed the national betrayal by using the flawed logic of innumerable amendments to the disgraced old constitution.

True we get the leaders we deserve and Kenyans must be feeling left home and dry. The present leadership has collectively conspired to butcher the very tenets of the constitution which was painstakingly promulgated after so much bloodshed that lasted over two decades. They better know now who will never serve their national interests.

The drafters of the new constitution must have seen the present monsters coming by leaving no room for ambiguity about the election date. But alas, now our good Justice Minister Mutula Kilonzo will not stop waxing legal about the Armageddon that will be averted by four months.

We are our own worst enemies by electing the very dogs who will never stop salivating at the Kenyan carcase. These wolves provide ready and rich cannon fodder for conspiracy theorists who gleefully expose their post molars laughing at every predicament armed with hammers to which every local, national or international development is a nail.

We can author all the grand theories available in our heads but implementing them demands focused leadership. But with our present set of so-called leaders shepherding us to hell, Lucifer may consider himself dethroned from his own territory. What is more, the simplistic corruption of CON-stitution may have been very apt after all.

While the hitherto loud-mouthed NGOs lost their collective voices when they got embedded in the Narc government, the new constitution has provided yet another fertile ground for not only political horse trading with posts but obscene salaries for both the well-connected and the home boys. Meanwhile the rest of Kenya are all on their won. OLE WETU.