Archive for April 2011

Hague Trials a Disgrace to Kenya - George Kimani

My primary school civics teacher taught me that Kenya is a sovereign nation. He emphasized to me that sovereign nations have independent institutions such as the executive, legislature and judiciary to man their affairs of governance. He also taught me that acts of poking fingers in other nation’s affairs despite protest are called intrusion. The governments clamor to set up a local court to adjudicate on the PEV issue should be respected and given a chance.

Kenyans must decisively deal with the PEV and the resultant issues which threaten to divide the nation. Political leaders must spare the country ugly dramas as they engage in unnecessary noises politicizing the PEV issues to suit their selfish power struggle missions at the expense of the country’s dignity and sovereignity.No one should hoodwink Kenyans. The lives of forty million citizens is not dependent on the anti or pro Hague process, however the political lives of majority of the current breed of politicians hangs on the manner in which the PEV issues are handled. The country is far superior to fears, aspirations and political ambitions of individuals and it will survive them.

This week marks one of the most disgraceful events in Kenya political history. After systematic reckless handling of the legislations intended to resolve the ugly aftermaths of 2007 elections, the country nudity will be exposed at the Hague, a foreign jurisdiction. This will be a clear
manifestation of the country leadership ineptness and outright ridicule of Kenya independence struggle. Tribalism, raw political greed and wild political power struggle amongst a small cable of political elites and opportunists risk delivering this country to dogs of neocolonialism.

Whether any of the Ocampo six is guilty or not is immaterial. Kenyans must be tried in their country for any crime committed within the country so long as the country professes to be independent. Jaramogi odinga, Masinde Muliro, Harry Thuku, Dedan Kimathi, and many of the
founding fathers of this nation must be turning in their graves as they mourn the betrayal of the nation by power hungry political bootlickers.

On 28/2/2008, I wrote an Article in the Daily Nation, “Constitution and Legal Reforms Are the Solution” and stated that the PEV and other past political injustices should be resolve under a reformed constitutional dispensation. I underscored the importance of respecting Kenya’s political sovereignty and the self determination by the citizens to realizing a new constitution to effective fully address historical injustices and dark history of the nation. I stated that Kenyans have capacity to shape their own destiny, coexist harmoniously and pursue national growth and development for national good.

Whereas the country must earn its dignity by honoring its obligations under the international treaties and conventions, it is contemptuous for friendly nations or individuals to campaign and administer alien prescriptions to cure maladies affecting the country. It is perilous and reckless for our legislators and leaders to mortgage this country sovereignty by blindly absconding their duties of passing patriotic legislations that would effectively address social economic and political
challenges facing Kenyans.

The enactment of a reformed constitution presented the country an unprecedented golden opportunity to soberly address the genesis and the effects of PEV.However negative attributes of anti reforms, tribalism, political expedience, foreigners worship, and misplaced political priorities have significantly contributed to making Kenya a symbol of international ridicule and shame among communities of nations.
The circumstances facing the Ocampos six are of their own making and whatever the outcome of the process they like other Kenyans must be prepared to embrace ethos of patriotism in future.
Similarly the current uncertainties facing the nation have been greatly contributed by Kenyans whose indolence and absolute lack of vigilance has glorified political elites into demi gods.

Kenyans must abandon the despicable culture of hero worshipping politicians but rather wake up and participate in national affairs reasserting their rights under the new constitution by seeking remedies and interpretation of national policies within the rightful institutions. This will definitely hold the leaders and political leadership into account castrating their selfish political agrandisement.

The Hague trials are of absolute no value to this nation much more so when the obvious key culprits are left sitting pretty, enjoying dividends of the PEV in warmth of plum public offices. These trials are of no benefit for realization of justice for the victims of the PEV or perpetrators of the heinous acts of the violence. These trials do not add value to growth of Kenyans institution of justice or jurisprudence.

It is not debatable whether perpetrators of PEV should be subjected to court process, the answer is yes. It is obvious that genuine victims of PEV should be compensated whereas bogus IDPs manufactured by misguided provincial admistrators as cash cows must be isolated and
punished. The stolen funds must be returned.

However the PEV challenges should serve as a renaissance for Kenyans to evaluate their levels of patriotism, build trust in their institution of governance and endeavor to put in place credible leaders to manage the public affairs. Kenyans must decree that any leader who negates the aspirations of the founding fathers of this nation be not worth the name and be ejected from office. Similarly leaders who push clandestine agendas betraying their country, ridiculing local institutions to achieve selfish political gains must also be ostracized and their demons cast in deep see of political oblivion. Every Kenya has the business and onus of making this country and its institution great for posterity. It is high time an Act of parliament on Patriotism and Nationalism is enacted.

George N Kimani, Nairobi (The writer is an Advocate of the High Court. Email

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