The Hague drama .... on stand-by; roll on!
Written on 06-Feb-2012
The jury is out. The Hague circus is no longer vague; going by the words of Chepalungu MP Isaac Ruto. Uhuru Kenyatta and William Ruto have been indicted at the International Criminal Court. Unless the Appeal Chambers overturn the decision by the Pre-trial chamber II, the future of the duo is definitely uncertain. Whether Kenyan have crossed the Rubicon in political hatred and tribal stereotypes, only time will tell. Legal analysts may argue that the two can vie for any seat during the general elections.
However, the bone of contention is not the letter of the Constitution but the spirit. In strict legal terms Uhuru and Ruto can vie for any seat. But practically speaking this vying must be guided by moral character and logic.
While Chapter Six on Integrity and Governance is silent on suspects on crimes against humanity, the spirit of the New Constitution was not meant to leave an escape route for those indicted. Technically speaking it would be difficult for the two to vie for the seat as the Rome Statutes do not allow trial in absentia. The suspects with their lawyers must be present during the hearing. Kenyans must search their souls and decide whether to put Kenya as a country into ridicule after their President elect is required to appear at the Hague to hear their cases.
Kenyans should be able to detach from the personality euphoria that follows the two from their ethnic groupings. The two may be tribal Kings in their communities, but Kenya has more than two communities. However, Kenyan nation is bigger than the Kalenjin and Kikuyu nation. The holistic view of the debate is not Justice Lenaola's ruling but the conscience that guides Kenyans and the rule of law. We cannot though crucify the two on the altar of public lynching.
The law should be allowed to take its course while upholding the dignity of Kenyan people. It is not time to sing praises of the suspects but time to reflect on the mistakes we have committed as a country and prevent a recurrence of the mayhem.
