I think we are better off under the ICC

Just last week the two remaining cases of crimes against humanity were officially dismissed citing insufficient evidence.The cases were referred to the ICC after the majority of the M.Ps unanimously agreed the cases were better off in the Hague rather than before a local tribunal.So after the decision to kick out the two cases,the victims lawyer though unsatisfied with this move mentioned that they would not appeal.

For the two individuals,this brings about happiness but I guess for the victims,a spell of doom engulfs their hope for justice.The scars of those injured may have healed but what of those with scars of emotional stress having lost their loved ones or more so lost their normal life.The government has  promised to look into the plight of the PEV victims and do the necessary but one wonders whether this promise holds water, bearing in mind it’s 8 years+ since the violence took place.No top leaders have been charged yet in connection to this violence and at the same time its obvious the victims know some of their attackers very well because it so happened that a neighbor could turn against another neighbor all due to being to a different tribe and still nothing has been done to the well-known culprits.

But then the prosecutor opted to ask the government to surrender three individuals who were accused of manipulating crucial witnesses, something which really interfered with the two cases by making them very week. A few days ago, a leader allied to the ruling coalition made some remarks that the ICC had no business make any demands as far as the individuals are concerned because it had proved to many that it’s not up to the task of delivering.

Kenya needs to remain a member of the Rome statute to maintain sanity to those leaders who think that bleaching the peace of a country is the only way to pass a strong political message. One thing is for sure as long as ICC is watching then crime offenders will definitely keep off.


ICC Issue in Kenya

Today at about 6P.M in the evening, we will get to know the decision reached by the prosecutor concerning the cases of the deputy president and the former radio presenter. They are both facing charges for crimes against humanity during the Post-Election Violence (PEV).The issue here is whether withdrawn testimonies that were initially used against the accused will still be used as evidence against the cases before the ICC. This is so because some witnesses claimed to have lied or were forced to testify or like the case of a witness who went missing never to be seen again.

A lot have been happening now that Kenya has individuals with cases before this court and we have seen the president of this country lobbying African countries to withdraw from the Rome Statute. The popular Rule 68 was amended in 2013 by member countries of the ICC. By weighing the options here, in case the judges say that the law should not be used then the defense team of the D.P can challenge that the case facing him be terminated. But then if the judges decide that the case go on as it is, then this means the accused will be forced to put in order their team for defending them.

Politically, this case is affecting the D.P and so whatever the court decided means a lot to him. So if the court decides that the evidence cannot be used, then this means that this case is collapsing and it may mean that there is no case to answer. But then if the case is continued in accordance to this law, then it means that this case my take long most likely beyond 2017 because from the look of things the case has not yet kicked off.

So we are waiting to see what will be ruling will be.

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