{UAH} Mulindwa: Here is how Uhuru, Ruto got into the ICC mud
Mr. Mulindwa;
In this interview (see URL at the bottom) Prof. Anyang' Nyongo details his life contribution to democracy in Kenya. Here immediately below is his explanation of how President Uhuru and Ruto ended up in the Hague. I hope this answers you exhaustively!
Pojim
Q. You wrote the famous letter in 2010 to the UN denouncing Kenya's efforts to postpone the ICC cases. Do you still stand by that position?
We will certainly oppose the pullout scheme. The genesis of the matter is clear. The Waki Commission suggested names of people it believed were highly culpable for the violence. The government was told to come up with a credible process or the issue will be taken up by the ICC. We in ODM wanted a local tribunal. Cabinet approved the Bill but it was defeated in Parliament by those who are now saying ICC should get off their backs.
You remember the song 'don't be vague let us go to The Hague.' The process of demonising the ICC started when the names were made public with some people saying that somebody was behind the case. Then they embarked on shuttle diplomacy to campaign for a deferral. ODM wanted a referral.
Our party was concerned that the campaign was being presented as a position of the coalition government. That is why we wrote to explain that we were not party to the shuttle diplomacy.
Q. So who was behind the campaign?
A. Former President Kibaki, Kalonzo Musyoka and the current President were very involved. When the matter came up ahead of the elections Uhuru said that in the event he formed the government, they will treat ICC as a personal challenge. Uhuru said he will not put Kenya in jeopardy. We are saying this is betrayal and dishonesty against the people. Uhuru and Ruto should be men of their word.
If you know you are innocent why are you afraid or demonising the court? Witnesses are withdrawing in suspicious circumstances. What truth is somebody hiding?
Kenya is a signatory to the Rome Statute, making it Kenyan law. Article 2(6) of the Constitution is clear that any treaty or convention ratified by Kenya shall form part of the laws of Kenya under this Constitution and every government has a duty to honour the undertakings of previous governments including the Statute.
Q. Are you suggesting that Uhuru and Ruto are victims of their choices?
A. Certainly yes. And Kenyans as well. Somebody said choices have consequences. People did not realise what he meant. Of course, he was not dictating to Kenyans who to elect. But he made it clear that if you elect somebody who is indicted, we must be ready to face the consequences.
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