Kibaki, Raila co-operation with Ocampo is political trickery

By Edward Kisiang’ani

Just days before his maiden visit, the International Criminal Court Chief Prosecutor Luis Moreno-Ocampo must have been baffled by conflicting signals from the Government over the trials of key suspects in the post-election violence.

Although President Kibaki and Prime Minister Raila Odinga have consistently promised total cooperation with the ICC, their body language conveys a completely different message.

As major beneficiaries of the post-election turmoil, the two are confronted by an intricate political dilemma.

While on one hand they are eternally worried, they could be among the few people Ocampo may target for prosecution.

On the other hand, they are persuaded that even if they escape the ICC noose, they cannot surrender their ardent allies to The Hague without courting a major political backlash.

It is thus not surprising that three days before Ocampo’s arrival, Foreign Affairs PS Thuita Mwangi dispatched to the media an opinion article in which he contemptuously criticised Ocampo’s mission to Kenya.

Arguing it was early for the prosecutor to intervene, the PS questioned the legitimacy of the ICC’s jurisdiction over Kenya.

He noted the ICC should not override Kenya’s justice system.

Exuding confidence in the ability of the Judiciary to handle perpetrators of post-election mayhem, Mwangi petitioned Ocampo to give Africa an opportunity to prove to the world she is ready, willing and able to end impunity.

Besides faulting Chief Mediator Kofi Annan for preferring to work with the ICC instead of the African Union, the PS intimated the AU had made commendable efforts in fighting impunity.

In addition to lauding former South African President Thabo Mbeki for handling the Darfur crisis without referring the case to The Hague, Mwangi describes the move by the Waki Commission to recommend the prosecution of suspects at the at the ICC as a fatal mistake.

A critical examination of Mwangi’s arguments raises a number of questions. Obviously, the public would be keen to establish if the views he articulated were personal or official. Given the article invoked his official position of PS and considering his appointing authority did not disown the statement, it is difficult for anybody to rule out the possibility his voice had the backing of powerful members of this administration.

On their first meeting with the prosecutor, the two principals read from the same script as their PS when they categorically informed Ocampo they would not refer the Kenyan case to the ICC. But even as they rejected calls to invite the ICC, they did not demonstrate any will to establish a local process that meets international standards of justice.

Thus, in pledging to cooperate with the ICC, Kibaki and Raila might have been telling the world they would do nothing about the matter.

In a typical Machiavellian fashion, they may be convinced they can effectively employ strategies of deceit and trickery to secure their political survival.

The argument that the justice system should be given time to resolve crimes arising from the post-election violence is impish and frivolous.

It may be recalled that even against the backdrop of national rejection of election results, the Chief Justice went ahead to swear in one of the presidential candidates at sunset.

Yet, in the wake of the disputed poll results, the CJ was expected to advise against any hurried swearing-in ceremony.

Over the years, the Judiciary has been seen to be a major impediment in the fight against impunity, corruption and abuse of power.

While it has been ruthless in punishing the wretched elements of the society, the Judiciary has been less efficient in reprimanding opulent citizens who break the law at will. It is this same Judiciary that has failed the integrity test that Mwangi thinks should try suspects of the post-election chaos.

The AU that the PS observes has the capacity to fight impunity has, for along time, been ineffective in promoting good governance on the continent.

In addition to embracing such dictators as Robert Mugabe and Omar al-Bashir, the AU has completely failed to punish retrogressive leaders.

Although the PS purports to defend Africa against Western hegemony, his true intention is to prolong the status quo in by diverting national and international attention from the real problems facing the country.

The PS and all the reactionary forces he speaks for should not be allowed to prevail.

—Dr Kisiang’ani (kisiangani2007@gmail.com) teaches at Kenyatta University.

 

 

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