Kenya Talks • View topic - “The ICC Fixed Uhuru Kenyatta’s Case!” – Prof. Steven Kay

“The ICC Fixed Uhuru Kenyatta’s Case!” – Prof. Steven Kay

Discussion of general formal issues!

Postby bosh » Wed Feb 22, 2012 9:07 pm

· Here and there:

· 1) The indefatigable Cabinet Minister John Njoroge Michuki passed-on on February 21, 2012, at the Aga Khan Hospital, Nairobi; he was not only a nationalist, a patriot, a great, committed, dedicated, and devoted public servant but also a thoroughly focused Kenyan. We condole with the family and all Kenyans of goodwill.

· President Mwai Kibaki, who announced the passing on, described Michuki as a dear friend, colleague and patriot. He said Michuki would be remembered as a focused public servant, determined businessman and issue-oriented politician. The President added: “He was a true family friend and dependable ally. In this time of mourning we pray to God to give his family and constituents the strength and fortitude to bear the great loss.”

· 2) The lead lawyer for Deputy Prime Minister Uhuru Kenyatta has accused the International Criminal Court (ICC) of “fixing” the case against his client. Prof. Steven Kay, who leads Kenyatta’s defence, told a public debate at the School of African and Oriental Studies in London that international tribunals were fixed, hostile to suspects and guided by powerful political forces (read United States, Britain, EU, et cetera) bent on making “some individuals an example.”

· The topic of panel discussion on February 3, 2012 was ‘International Justice: Between Impunity and Show Trials’ and is available at the video-sharing You Tube. Panellists in the discussions, organised by the International Criminal Law Bureau, included Polina Levina from the ICC Chief Prosecutor Luis Moreno-Ocampo’s office. Levina was part of the prosecution team that handled the Kenyan cases.

· Prof. Kay stated (Star, February 22, 2012): “I think the fix is massive behind the scenes; that we have to face. And I’m afraid I saw that in the ‘organisational policy’ reasoning of Pre-Trial Chamber 2 on the Kenya case, because they stretched that definition in a way that no one had written about before.” He said it was like trying a football club’s supporters for crimes against humanity because the prosecutor needs some credibility. He (Kay) questioned the efficacy of show trials in dispensing justice to suspects as well as victims of international crimes.

· Prof. Kay argued (Star, February 22, 2012): “Because they don’t like violence in elections in Africa, somebody has got to be made an example. They are saying we have a problem in Kenya and we have to do something. Let us put a trial going and keep everybody quiet. That might be a good or bad reason but as I understand it, that is not what justice is all about. This crusade against impunity has given a device to governments to subvert the truth crusade and justice; and provide something that goes against justice!”

· Levina however disagreed, arguing that the ICC had achieved what no Kenyan court could do by merely making the two presidential hopefuls (Kenyatta and Ruto) appear before it. Levina gloated arrogantly and with malicious satisfaction (Star, February 22, 2012): “For the first time, people who had enjoyed a semi-divine status and packaged themselves as untouchable were brought to answer before a judge and the message was sent that everybody was subordinate to the law.”

· In November last year (November 5, 2011), Moreno-Ocampo admitted that politics influences the arrival of cases in The Hague when discussing Libya at a meeting of the American Society of International Law at the University of California, Los Angeles. Ocampo accepted there is “one standard for 119 member states (who have signed the Rome Statute) and another standard for every other country.”

· Ocampo openly admitted that the UN Security Council exercises political discretion in choosing which countries to refer to the ICC adding: “The ICC is becoming the vehicle for UN Security Council (UNSC) to punish countries that are politically unpalatable.” There you have it: if you had any doubts, at all, we believe you are now better advised about what we call the conspiracy of evil, with international, as well as local players!

· Kindly, please jog your mind and remember (and place them in your own way) the likes of Obama, David Cameron, Sarkozy, Raila, Maina Kiai, Prof. Makau Mutua, Prof. Nyong’o, Hassan Omar Hassan, Paul Muite, Ndung’u Wainaina, Muthoni Wanyeki, Judge Waki, Mutula Kilonzo, Martha Karua, Prof. Saitoti, Peter Kenneth, John Githongo, Njeri Kabeberi, Orengo, Florence Jaoko, et cetera.

· 3) We noted in an earlier posting (February 19, 2012) that the likes of MPs Duale, Kuttuny, et cetera, must not make hostile statements directed at the VP, Kalonzo Musyoka; simply because that is what Kalonzo’s camp want and/or are provoking for; only so that they can claim that Kenyatta and Ruto and/or their allies are harassing an innocent victim, and therefore are “ungrateful”; with the end result being attempts at playing to the gallery and “seeking sympathy votes!”

· Let us listen to one or two of these incorrigible Wiper Democratic Movement party MPs, and get a clearer perspective of what we are talking about: One, Machakos Town MP Dr. Victor Munyaka and his Masinga counterpart Itwiku Mbai said (Standard, February 17, 2012) said: “Sacking Mutula Kilonzo will be done over our dead bodies!”

· Two, MP Victor Munyaka (Standard, February 18, 2012) accused Kenyatta and Ruto of making unrealistic and emotional demands meant to undermine the dignity of the VP.

· Munyaka (who is on record saying Kalonzo will benefit from the trials and tribulations facing Kenyatta and Ruto) went on: “The VP was right to decline to sign that petition. The demand on Mutula is impossible. They must know that Kibaki doesn’t act on emotionally motivated decisions. Now let them know whether they like it or not, the exit of Kalonzo from the G7 is a blow and it must inflict political pain on them.”

· Three, MP Johnstone Muthama, a staunch Kalonzo ally on February 18, 2012, summed up what he thought was the matter “behind plans to isolate Kalonzo.” Careful not to mention any names, Muthama laid blame on “two or three people holding the country at ransom”. He said with malicious bitterness (Sunday Nation, February 19, 2012): “We don’t want two or three people holding the country at ransom. We want to be told what to do by 40 million Kenyans.”

· Apparently, Muthama was referring to Kenyatta and Ruto. But for the first time, the usually reasonable, Muthama has chosen to engage in crass stupidity; because in all their peace-cum-prayer rallies, Kenyatta, Ruto and their allies have had one and only one principal rallying call/cry: Let the people decide! So, why is he bitter with Kenyatta and Ruto? Who has wronged who here?

· Four, Muthama likened the “political machinations” facing Kalonzo to what former President Moi endured while serving as Vice-President to Mzee Jomo Kenyatta. He stated (Standard, February 22, 2012): “We have advised Kalonzo to be patient and embrace humility the same way Moi did, while serving in the same position. Moi was regarded as a lame duck and no one thought he would take over the country’s leadership.” Muthama warned bitterly: “G7 has its owners and my brother Ruto should know that he will soon be facing the same frustrations that Kalonzo has endured.”

· Muthama compares Kalonzo with Moi, and again targets Ruto: well, Kalonzo is no Moi politically speaking, and indeed there are no parallels between the two; Moi is far much superior; and again Ruto is too good for such juvenile nonsense. Besides, Ruto knows exactly where he is coming from and (exactly) where he is going!

· Former Gatanga MP David W.G. Murathe, a close ally of Kenyatta, was blunt and spoiling for a fight (Standard, February 18, 2012): “Kalonzo is of little consequence in the alliance! It can do without him.” This Murathe fellow is a brave Kenyan!

· 4) The great people of Kenya must refuse the choice of leader(s) that the Western racist neo-colonialists want to impose on them; the people of Kenya must decide on their own free will; the people of Kenya must be respected, unconditionally; their dignity as human beings must be respected, without any conditions; Kenyans are neither sub-humans nor amnesiac idiots; their human, constitutional and sovereign rights must be respected, at all times;

· Kenyans must reject leaders like the Rt. Hon. PM who, like a crybaby, is at the beck and call of his contemptuous and arrogant foreign masters on whom he is relying entirely to deliver the presidency, via the mortally flawed ICC process. Kenyans are neither zombies nor slaves and will never be colonised again!; Let the people decide; Let the people decide; and kindly, please: Let the people decide! Down with those leaders (with) any tinge of allegiance to foreign masters and powers, in whatever way, manner, form and/or shape!

http://hardtalkkenya.wordpress.com/2012 ... teven-kay/
bosh
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