Kenya's ICC charade hurting Ruto's chances of survival?
30 January 2015, 17:00
Nairobi - Is the plot by the government to ensure the African continent withdraws from the International Criminal Court ICC of any help to DP William Ruto, who is currently still embroiled in his crimes against humanity case?
Ruto is still currently battling his case at the ICC and even a withdrawal from the Rome Statutes by the African Union will not stop his case from proceeding to conclusion.
So is the obvious move by the government to plot the continent's withdrawal a smart move or not?
First, Chief Prosecutor Fatou Bensouda has complained of lack of cooperation by the government after president Uhuru Kenyatta's case was dropped by the trial chamber for lack of evidence.
And with the accusation by the government that the ICC is supporting terrorism in Kenya, added to the move to remove the AU from the Rome statutes, there might be an interpretation of ill motive by the country towards the ICC.
Will that help Ruto's plight?
" Not likely," Lawyer Kungu Mwangi says.
" This process is as political as it is judicial, whichever way you look at it, so it is not a good idea to have the government looking as if they are out of control by releasing such statements," he believes.
" Yes, they have an agenda at the AU, but they should go about it in a manner that befits a government, not trade comments over a matter that has been concluded (Uhuru's release)."
" The ICC has its reputation at stake and with the government speaking as it is now, they could be forced into a political decision when it comes to Ruto," he adds.
Political analyst Michael Njenga on the other hand feels the same over the matter though argues that the ICC process with Ruto will be fully judicial.
" The utterances are not helpful, especially considering that we have two Kenyans there who could be made an example of," he says.
" I think that the trial will play out as a judicial process as much as it possibly can, but it is wise to stay away from comments that can raise eyebrows," he adds.
The government claimed Friday that the ICC has engaged in giving purpose to terrorist groups while investigating the cases against Uhuru and Ruto.
In a document presented before the ongoing AU Summit in Addis Ababa, the government says, controversially, that the ICC was in many
ways a part of terrorism, stating that they worked with members of the
Mungiki sect, who are off shoots of the Al Shabaab sect.
" OTP continues to legitimise criminal groups & embolden them and
their off shoots to continue committing crime. Essentially, the ICC
could very well be financing terrorism in and around Kenya.
" In all
likelihood, some of these members are part of local network of terror
gangs used by Al Shabaab," the document added.
It is understood that the ICC has not taken the comments lightly and will make its own statement as regards the allegations.
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