….Call it the acid test for the International Criminal Court….These Kenyan cases will prove to be the real litmus test for the I.C.C

……Call it the acid test for the International Criminal Court……..The International criminal court versus Kenyan cases…..The Kenyan cases at the I.C.C have proved to be a different ball game and kettle for the the Hague based court.The I.C.C prosecutor has been reduced to chasing shadows .

The appearance of President Kenyatta at the I.C.C following a summon that were issued by the judges to appear seemed like a ploy to redeem the dwindling I.C.C image which has stooped down the ebb.

The court is treading on a narrow path which might hit a dead end in a matter of time with negative repercussions on the part of the court.The court is trying to stamp it’s authority as an autonomous court devoid of any external force.While at the same time trying to regain it’s credibility after being wounded.

It’s legitimacy has been questioned as a court of the last resort in the dissimentation of justice.The cases it has handled have raised suspicion and questions rather than answers due to it’s unorthodox way of investigation.

But,the Kenyan cases at the I.C.C might be the last nail on the I.C.C’s coffin,if what is unfolding is anything to go by.The cases have exposed and unfolded the flabby interior beneath the carpet.And,these Kenyan cases will prove to be the real litmus test for the I.C.C.

The I.C.C prosecution has found itself in a hot water ,it is in a catch 22 situation trapped between a hard rock and a hard place,wondering what to do next.It is in an awkward and delicate position where it is fighting all manner of accusations and allegations which are unfolding ,from coaching and bribing of witnesses to testify to frame the accused.Also,the court is accused of clinging to cases which doesn’t meet the required threshold to prosecute ,while putting into consideration the number of adjournments in Deputy president william Ruto’s case,and,the confession by the prosecutor himself that she doesn’t have evidence to prosecute in President Kenyatta’s case.

These Kenyan cases have proved to be a hard nut to crack for the prosecutor .The I.C.C prosecutor ,Fatou Bensouda,is trying to unravel the mysteries behind these Kenyan cases ,and,the far she tries to goes the further it complicates him.She is revolving around these cases without success.The major headache seems to be that she doesn’t know where to trace the head nor the tail which is seeming too elusive.

The high prosecuting evidenciality threshold standard that’s required to prosecute these cases is rather wanting.Ms Bensouda,is trying to find an avenue and a footing to no avail.She is clinging to a papyrus in a fast overflowing river.

But,the prosecutor missed the steps right from the start,when they engaged the wrong gears.The former prosecutor,Moreno Ocampo,didn’t conduct any credible investigation worth writing home about despite his chest thumping that he will make Kenya a case sample.He delegated and relied heavily on third party salesmen in the name of Non governmental organisations,who were hell bent to make money,they were scavengers only interested in monies.

These N.G.Os procured fabricated witnesses and wrote a hearsay narrative to be used by the prosecutor.They procured fake witnesses with promises of hefty rewards ,and,a better life abroad in exchange of fake testimony which they were to be coached .Overall the script they wrote to Luis Ocampo,in the name of evidence was total fabrication,fraudulent and fake which couldn’t sustain a case.

And,that’s why these Kenyan cases are tumbling down like a mud house in a stormy weather.Witnesses have withdrawn in droves,others have recanted their testimonies,while others who were forced to testify by the court in the Ruto’s case are having a tell it all expose where they have alleged that they were coached ,promised hefty rewards ,good fortune and relocation to a different country if they agree to testify.

Now the I.C.C is on the cross ,where it is bearing the blunt of unorthodox means of investigation.And,now the I.C.C is on trial.It is also fighting accusation that it isn’t an independent court because it acts according to whims of external forces.Also,it is trying to prove that it is a credible court that can be relied upon to dissiment justice.

And,dared and faced with the threats of mass withdrawal from the Rome statute by the African states which forms the bedrock of the statute ,the african states have accused the court of unfairly targeting them while turning a blind eye to other atrocities committed elsewhere in the world.


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