THE CONFIRMATION OF THE KENYAN CASES AT THE INTERNATIONAL CRIMINAL COURTS;LET JUSTICE NOT ONLY BE DONE ,BUT,SEEN TO BE DONE BY BEING ACCORDED A FAIR HEARINGS. BY;MUNGAI.

The long awaited confirmation charges at the International Criminal Courts are here.For the past 4 years kenyans have lived with ghosts of the 2007/8 post election violences and cannot wait to see an amicable end to this process.Kenyans still have interest and confidence in the I.C.C process and it is to be hoped that the truth will emerge and the perpetrators brought to book.

For quite along time it hadn’t transpired to kenyans that one day will dawn and the suspects who beared the heaviest responsibility over the post election chaos will stand trials and defend their case which is levelled against them.The trials seemed like a pipe dream,for it didn’t dawn unto them that it might be a reality.

But,all that moved beyond doubt when the wheels of justice started rolling as replicated at the on-going confirmation of charges at the I.C.C .The confirmation trials are trials meant to determine whether the chief prosecutor do have a strong case to commit the suspects to stand trials levelled against them.

Kenyans of all walks of life set their ears to their media outlets to keep tabs with the on-going I.C.C proceedings.The kenyans are loving how the court proceedings are being handled ,with the prosecutor spilling the beans,while the defence teams perforating the prosecutor’s evidence.It was the first case ,one of the two,which the I.C.C chief prosecutor has brought  to the attention of the independent pre-trial judges.

The prosecutor has brought to the attention of the judges that he intends to commit to trials 3 kenyans in one case ,namely ,William Ruto,Henry Kosgey and Joshua Sang.The other case targets Deputy Prime-minister Uhuru Kenyatta,head of civil servant Francis Muthaura,and former police chief Hussein Ali.According to the prosecutor’s prosecutions charge he alleges that they do bear the heaviest responsibility during the post election chaos.Their involvement whether directly ,or,indirectly where serious crimes against humanity were committed and so they should be held accountable.

The confirmation hearings at the International Criminal Courts are replete with key lessons.Our refusal to act as a country forced the I.C.C to act to end the culture of impunity.We consequently have no reason to lambast the I.C.C for moving in to even the scales of justice.The hearings are a serious indictment of the government’s inertia and insensitivity to the plight of kenyans whose rights were so unfairly trampled upon.

The lessons should go to the lords of impunity and sleaze that still strandle our landscape.It should be clear to them that the world is no longer one disjointed mass where one can just mess around and get  away with it .We are now in a global village where violators of human rights are eventually hunted down and brought to account.

At the confirmation of the first case, the prosecutor  spilled the beans on how the attacks were pre-planned and coordinated by the political elites prior to the 2007 general election with the target of evicting one ethnic tribe from Rift valley.The prosecutor acccuses them of creating ,financing and running a network of militia with a sole intention of creating mayhem ,killing and displacing people.The prosecutor also argues that the attacks were well coordinated a test case showcasing that they were planned.

But,the defence teams have put up a spirited defence to counter the prosecutor’s claim.They have perforated the prosecutor’s case in a well chereographed challenge.They have summed up the prosecutor ‘s case as one which is full of inadequencies,inconsistencies of which the evidence doesn’t much up,nor,correspond ,hence doesn’t meet the necessary threshold to commit the suspects to trials ,as they are based on hearsays as the prosecutor didn’t fully investigate for himself .Hence in their arguement the case shouldn’t be confirmed.

And,to quote one defence lawyer representing Mr.Ruto,said that ,the devil may have  visited Kenya during the post election chaos,but ,not at the invitation of Mr.Ruto.

But,behind all these scenes ,it is sad that few voices are speaking up in the interest of the victims who were raped ,displaced and impoverished yet they too have a right to justice ,protection and assistance.It is unfortunate that there is little discussion among the political class on the need to know exactly what happened inorder to prevent a recurrence of such violences.

As the hearings unfolds .let justice not only be done ,but,seen to be done.Let all be accorded a fair hearing and whoever will be found to have masterminded the ghastly mayhem ,carry his own cross.We as a country can only hope that the facts presented will be presented correctly and the decision of the independent judges accepted peacefully.We need to conclude the I.C.C case and move on.


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