HRW: Uhuru, Ruto Should Cooperate With ICC

Human Rights Watch has urged President Uhuru Kenyatta and his deputy William Ruto to fully cooperate with the International Criminal Court.

The watchdog in an online statement also called on the new government should also uphold and protect the bill of rights as stipulated in the country’s constitution.

“Kenyatta and Ruto should be held to their promises to attend their trials before the ICC,” said Elizabeth Evenson, HRW senior international justice counsel said.

“As president of an ICC member country, Kenyatta should also ensure that his government provides the cooperation it owes the ICC and the support it needs. Victims of Kenya’s post-election violence and their families have already waited more than five years for justice,” she added.

The two including their co-accused Joshua Sang, former Kass FM host have been voluntarily attending ICC proceedings in their cases before the ICC on charges of committing or contributing to the commission of crimes against humanity during Kenya’s election-related violence in 2007 and 2008.

“The new government should also reverse the climate of fear through publicly pledging to help ensure the safety of people who seek to assist justice efforts,” Evenson said.

Earlier there have been concerns on witness protection by Kenyan government with the ICC prosecutor complaining on witness interference.

Witness interference through pressure on witnesses and their families has been blamed for acquittal of Kenyatta’s co-accused Francis Muthaura after a witness feared to come forward and testify against him.

HRW blames lack of government cooperation which has seen witnesses recanting parts of their testimony and admitting to accepting bribes.

Lastly the new government should uphold the bill of rights enshrined in the country’s 2010 constitution to make progress in reform agenda especially police reforms.

“Intimidation of civil society groups increased in the periods before, during, and following the March 4 elections,” HRW indicated.

Threats against civil society activists, media, and ICC witnesses that amount to violations of national law should be investigated and prosecuted, it added.

Manuel Odeny © 2013

Annan, Bensouda visits show West is meddling in Kenyan internal affairs

Fatou Bensouda

By Mwangi Wilson Murimi

Recent visits to Kenya by the 2008 post-poll chaos chief mediator Kofi Annan, and the ICC prosecutor Fatou Bensouda raise eyebrows. The oddity of some of Annan and Bensouda’s remarks during their visits raise even more eyebrows!

When Annan visited the country early this month he made an outburst that Kenya risked suffering a diplomatic entanglement with the West if either Uhuru or Ruto were elected as president.

This was a statemnet ran against the political freedom of the Kenyan people from whom the legitimate authority of choosing their leaders is derived. It was in fact a flagrant infringement into sovereignty of the country.

While he was justified as the chief mediator in the 2008 post-poll chaos to visit the country and assess the progress of the coalition government, it was competently erroneous for him to flagrantly discredit the candidacy of the two.

Additionally during his visit Annan comment on judiciary, one of the most reformed arms of the coalition government. There has been a general feeling that the comments could have been an inducement for the Kenyan courts to give a verdict that suits the stand of the West on the Uhuru-Ruto candidacy.

The comment must not be taken seriously since the same judiciary has goofed in the recent past in what can be termed as judicial activism by removing the ban on Mombasa Republican Council (MRC) which has been discredited with the recent past by chaos.

There is also a general feeling in part of the country that Chief Justice Willy Mutunga sides with some political class under the reform agenda.

This same feeling, which can’t be set ignored even though it’s a long shot claims Annan on his meeting with Prime Minister Raila Odinga behind closed door meeting talked on issues of the forthcoming elections and not about the coalition government.

Now the recent meeting by ICC prosecutor Fatou Bensouda to visit 2007/08 PEV hotspots and seek cooperation on evidence in Hague cases from the government though good got muddled by her statement like Annan.

In her press statement she spoke of the politicization of the ICC, and exonerated the court from claims of persecuting Kenya or finishing certain tribes.

Bensouda also became a subject in the mouth of Kenyans after her remarks that the ICC would not adjust its calendar to allow the participation of Ruto and Uhuru in the forthcoming elections scheduled for March year didn’t augur well with some Kenyans .

The international community must respect not only the sovereignty of the Kenya but also the right of the Kenyans to exercise their political freedom in choosing leaders.

Although both Annan and Bensouda may be black they work for West backed institutions like UN and ICC who often intervene when West interest are threatened by developing countries.

Like the current escalating cold war between five permanent members of the Security Council on fundamental issues like nuclear arms race, Arab spring, green energy and the rise of China.

China’s economic reputation with bilateral trade with Africa (including Kenya) has irked the West which is sinking in economic crisis which can be used by UN and ICC to meddle with Kenyan elections to bring in West friendly nations.

This is why allegations that the ICC could be used as a tool to settle political scores between Kenya and the West by entrenching a West-Friendly government should not be ignored..

The writer studies communication and media at Maseno University wilsonmurimi@yahoo.com

Tana River violence: Apart from Godhana three other politicians are involved- HRW

Police officers at a scene of tribal clashes in Tana River, HRW says four politicians are involved in the clash over internicine tribal clashes.

The Human Rights Watch, an international watchdog, has called on the government to investigate and prosecute all persons responsible in the Tana River violence.

In an online statement HRW said that apart from Galole MP Dhadho Godhana who was arrested last Wednesday in connection to the violence and sacked as Assistant Minister in Ministry of Livestock Development, there are at least three other politicians involved.

“(Our) research indicates that at least three other politicians may have been involved in inciting or organizing the violence…. and that the police and local administration in Tana River failed to respond to reports from residents over the past six months that violence could be imminent,” it says.

In the statement HRW criticizes the Police for failing to provide adequate security as revenger attacks continue and call on them “to investigate and prosecute all those potentially responsible for crimes, no matter how high-level they are.”

The call comes after President Mwai Kibaki met Coast MPs and said the government will be harsh on politicians who are inciting Kenyans against each other in ethnic lines.

HRW says it carried out research in Tana River in late August and early September to the Tana River clashes which started on 22 last month at Riketa village before September 7, 10 and 11 revenge attacks that have so far claimed 110 lives and displaced 6,000 people.

The research interviewed 16 witnesses from Ormo and Pokomo communities including victims and found that, “area politicians who hoped to win seats in next year’s elections were involved in the violence on both sides… aimed at displacing the supporters of opponents.”

Witnesses reported seeing “Constituency Development Fund vehicles for Garsen (Whose MP is Danson Mungatana) and Galole constituency carrying fuel to Riketa that was later used to burn buildings in the attack.”

The statemnet also points out that Internal Security Minister and Ijara MP Yusuf Haji who has had public spat with Godhana, who hopes to be Tana River County governor has been backing his rival Hussein Dado.

Godhana is facing charges of incitement that led to the September 10 Kilelengwani village attack that left 40 people dead including nine police officers in revenge of an earlier attack at Chamwanamuma which killed at least 11 people.

“Several politicians or political hopefuls have been linked to the violence in Tana River, ending the political violence in Tana River requires bringing to book those behind the clashes on both sides,” Leslie Lefkow, deputy Africa Director at HRW is quoted on the statement.

“For decades the Kenya police have failed to investigate politicians who may be implicated in serious crimes. If they are ready to do so now the authorities must be even-handed and investigate all sides,” Lefkow points out.

© Manuel Odeny, 2012

Kibaki and Raila Tussle: When two Elephants Fight…….

 
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Koffi Annan claps as Mwai Kibaki and Raila Odinga shake hands after the disputed 2007 elections

It was a fabulous valentine for me. 2010 lovers’ day was a fantastic day. My investing of time and money to a cause to aid an orphanage with destitute children affected and infected by HIV/AIDS was paying of.

As the Maseno University organizing secretary of the Red Cross society I was putting the final touches of preparation. That is when the SMS alert from VOA alerted me.

The first was about Kenyan president Mwai Kibaki telling 8 key government officials to stand aside for investigation of missing funds of free primary education and the lost maize.

The second proclaimed that agriculture minister William Ruto and education minister (no Prof.) Sam Ongeri. This was to pave way for what Raila termed as ‘free and transparent investigation’. Whatever that means

When I broke the news to my fellow volunteers there was jubilation. The country was pissed off by corrupt government and failed persecution of kingpins.

We hugged happily and lauded the move. That was until three hours later when the state house revoked the move.

Within a short period the country was caught in a frenzy of speculation. The two principals locked horns and the effect was crazy on Kenyans.

Journalists, bloggers, tweeters and facebook were a buzz with what was happening. That is except yours truly The Burning Splint.

I was trying to grapple with reality and seize the story through the media. I lost track. It was the time again as it has been for he last 27 years for a piece of article called constitution to be interpreted,

With politicians most willing to hear themselve talk, the constitution will be interpreted in anyway that suit their interests at the expense of Kenyans.

An African adage goes that when two elephants fight it is the grass that suffers.

When some idiots in a name of Electoral Commission of Kenya (now disbanded) could not count the votes the countries went in fire. In the name of two elephants, Raila and Kibaki is, over 1,500 Kenyans lost their lives. A score of others are still in IDP camps.

Raila silently advised Caroli Omondi and Mohammed Isahakia key officers in Prime Minister Office involved in the maize scandal to step aside. Feeling invisible Raila quoted the national accord and the constitution as giving him power to supervise ministe

And then before you can say PriceWaterHouseCoopers report he flew to Japan.

It took the intervention of outsiders to bring semblance of peace in the country. By making the country go back to where it was: sitting tight and look for calmness as the thieves fleece the country.

They take food from the poor mans mouth. Two academicians not worth to be called professor in charge of ministry of education can’t account for lost money. As donors are pulling out the government promise to look for taxpayers’ money to repay them without accounting for the lost money.

These are some episodes which give me the heart not to go for the voter’s card.