The people could have done this through a revolution when the democratic process was sabotaged. Wise counsel, however, prevailed and a ceasefire was arrived at and the National Accord signed. The Accord created an interregnum during which crucial reforms must be undertaken under supervision of the international community, including ICC.

Let Mwangi not forget the importance of this interregnum; it recognises possible abuse of the principle of sovereignty by the authoritarian presidential system which can easily subvert justice and plunge this country once more into political chaos.

When Parliament and the people of Kenya cried, "Don’t be vague, go to The Hague" it is this propensity to subvert the course of justice by the local judicial process, dominated by the Executive branch of Government, that they feared. That fear has not ebbed one iota. Mwangi, of course, would not share in this fear knowing full well that he speaks from the pedestal of Executive power.

The legal apologetics Mwangi advances do not impress, either by their logic or content. A Special Tribunal does not in any way contradict the possibility of local courts being able to try post-election offenders legally; it simply confirms that these courts, as used at the present conjuncture, would not ensure justice is done and is seen to be done.

If Sudanese courts can perform better than us then there is no need why recommendations regarding what to do over Darfur should be the same as those related to Kenya’s case.

When Waki forwarded the names of the perpetrators of the violence to Annan, he did not do so by fiat.

We ourselves had given him the mandate to do so by the manner in which that commission was set up by us, legally. We accepted the report and committed ourselves to implement it.

As usual, as soon as the hour of reckoning arrives, we now seem to be beating an about-turn; the usual game of protecting impunity by its very beneficiaries that Kenyans have known since Independence!

This opportunity presents Kenya with the challenge of strengthening her judicial system and showing the world we can run a just, fair and democratic polity, free from abuses of impunity and other forms of injustice.

But you don’t strengthen a rotten system; you radically change it and create a system that can work in consonance with the goals of social justice and human rights.

Anybody in their right mind knows our system is rotten and in need of radical change. The NARC Government tried a radical surgery of the Judiciary which came a cropper. This time we need to do so with some seriousness, making sure impunity does not rear its ugly head again.

Rather than castigate Moreno-Ocampo, we should welcome him as "a friend of the court", here to help us find solutions rather than compete with us in doing the obvious: dealing with impunity and ensure justice is done to all those who messed with human and people’s rights in Kenya during and soon after the last General Election.

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