{UAH} Can’t attend trial and run the country? Oh really? - Comment - www.theeastafrican.co.ke

http://www.theeastafrican.co.ke/OpEd/comment/Cannot-attend-trial-and-run-the-country/-/434750/2001536/-/9mn316/-/index.html

Can't attend trial and run the country? Oh really? - Comment

By L. Muthoni Wanyeki
Posted  Saturday, September 21  2013 at  11:47

Two storylines have emerged from the trial of William Ruto and Joshua Sang — and the upcoming trial of Uhuru Kenyatta — at the International Criminal Court sitting in The Hague.

The first storyline concerns the witnesses. Survivors and victims are not necessarily witnesses. The propaganda against the trials and media the spin went so far last week as to plaster over social media the alleged identity and background of the first of the survivors/victims turned one type of witness.

It was an appalling breach, serving no purpose other than to confirm the prosecution's prior, repeated complaints about witness intimidation and tampering 
The second storyline concerns the state-sponsored diplomatic offensive against the two trials.

Long forgotten are the claims of two of the three suspects that the charges against them were "personal" or that they would, if in high office, be able to discharge their duties. No. Now they have dragged the weight of the state behind them.

A September 10 visit to the African Union by the Kenyan Foreign Minister Amina Mohamed and her Rwandan counterpart Louise Mushikiwabo sought support for an extraordinary session of the AU next month on Africa's relationship with the ICC and support from any AU member state in the form of amicus curiae representation on Ruto's appeal of the ICC decision that he needs to attend all sessions.

Why? Because, apparently, of the non-response of the ICC to the AU's request to refer the two cases back to Kenya for trial under a national mechanism.

That request has no grounding in law — there is no provision for such referral in the Rome Statute — or in fact — there is no national mechanism for such trials, the proposed International Crimes Division not being up and running.

Law and fact notwithstanding, in the wisdom of the AU and AU Commission chairs, Kenyatta and Ruto cannot be out of the country at the same time, affecting Kenyatta's ability to meet his international obligations. And, apparently, gutting Kenyans by their inability to be with us for our 50th Independence celebrations.

It's laughable. Yet it's not. Frankly, Kenyatta and Ruto should have thought of this possibility before standing for the general election. Many urged them to do so and were duly ignored.

That said, given the size of the unnecessary parliamentary entourage at the Hague, it's clear these trials will compromise not just executive business, but also parliamentary business.

Thus, if Kenyatta and Ruto are unable to discharge their constitutional obligations — and are compromising parliament's ability to do the same — the Constitution is clear. They can step down from office. Or parliament can remove them. Or the judiciary can be brought into play to remove them.

Ditto all parliamentarians and other state officers who've decided that the personal interests of two of the suspects supersede common sense and their own constitutional obligations.

The state is not a toy. Neither is the AU. It and its member states should not bend over backwards to accommodate these personal interests. It makes them look ridiculous.

L. Muthoni Wanyeki is about to begin her doctoral studies at the School of Oriental and African Studies (SOAS) in London, UK

Can't attend trial and run the country? Oh really? - Comment - www.theeastafrican.co.ke
http://www.theeastafrican.co.ke/OpEd/comment/Cannot-attend-trial-and-run-the-country/-/434750/2001536/-/9mn316/-/index.html