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ICC: Has justice prevailed?

Posted by African Press International on May 5, 2012 Elizabeth Mbaire Koikai __ Elizabeth Mbaire Koikai __


<Mbaire Koikai, Reporting from Oslo, Norway.

Prime Minister Raila Odinga has had a rather turbulent start this year. The PM’s name has been mentioned at least three times at the ICC hearings at the Hague. Defence lawyers have strongly indicated that they will seek an explanation as to why Raila Odinga was not presented before the court. 

The Prime Minister still maintains he’s innocent and that the perpetrators of the 2008 post-election violence should be prosecuted. As Kenya approaches the General Elections, there is a lot that has not be answered. Who coordinated the chaos that ravaged the whole country?

Internally Displaced Persons are still in transit camps, most of them living in deplorable and inhumane conditions. They are yet to be compensated for losing their property and homes. Kenyans have waited for a long time to see those responsible for the deaths of more than 1000 Kenyans and displacement of around 6,000,000 people face the courts.

With the country’s failure to form a local tribunal, the Waki Commission was later established. It carried it’s investigations and prepared a list of names which were handed over to the ICC, which further carried out it’s own investigations and ended up with certain names. 

Uhuru Kenyatta, William Ruto, Francis Muthaura and Joshua arap Sang are the four Kenyans facing crimes against humanity charges at the Hague. 

Ruto has been accused of recruiting retired commanders Augustine Cheruiyot, John Koech and former GSU boss Samson Cheramboss to execute attacks during the 2007-08 violence. while Uhuru Kenyatta has been accused of attending meetings with other Kikuyu ministers to organize attacks against the supporters of the Orange Democratic Movement.

The ICC alleges that Uhuru together with Francis Muthaura and Hussein Ali developed and executed a plan to attack ODM supporters by ordering the Police to use excessive force against civilian protesters in Naivasha, Kisumu and Kibera.

Both Ruto and Uhuru maintain their innocence. The two have also expressed interest in the presidency. Ruto has even accused the PM of using the ICC to eliminate his opponents ahead of the next General Elections.

Earlier this year Prime Minister Raila Odinga faced numerous accusations from various politicians, who claim that he is being used as a puppet by the West. The PM has laughed off the accusations.

Raila has said that it is a political propaganda to say he was the author of the list of names of politicians taken to the ICC.

Many Kenyans have also expressed their shock through various social media sites on finding out that Raila was not on the ICC list. Many Kenyans insist that the PM should be among Ruto and Uhuru. Mr Odinga is accused of calling for mass action which led to the 2008 killings and destruction of property. However, human rights activist Maina Kiai disagrees with this argument.

— Mass action is not a crime and never will be. In fact, it is a right guaranteed by our new Constitution and also by the International law, he argues.

Raila still maintains he’s innocent and no effort has been made to bring him before the ICC court.

Many Kenyans still insist that if Uhuru, Ruto, Sang and Muthaura are guilty of the post-election violence, so is Raila, Kajwang, Nyon’go and others who shouted for mass action. This eventually caused the suffering of many people. Justice is only justice if applied to all!



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