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{UAH} Cord silence on ICC shows how pervasive impunity is



Cord silence on ICC shows how pervasive impunity is

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By L. Muthoni Wanyeki

Posted  Saturday, August 2  2014 at  11:44

In Summary

CORD raising accountability would create yet more rancour amongst its already ill-disciplined troops.

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One issue the Coalition for Reform and Democracy (CORD) has not had the courage to pick up in its recent surge for relevance is that of accountability. Including through the ongoing trials of President Uhuru Kenyatta and Deputy President William Ruto before the International Criminal Court.

The question is why?

CORD is undeniably picking up on what seems to be of general public concern. Insecurity, for instance. The pervasive sense that everybody who should be responsible for security is out to lunch, with nobody in charge.

However, CORD has also picked up on what is arguably not of general public concern — an issue about which the public is divided roughly down the middle: The last general election and what needs to be done to ensure the public's vote means something.

So whether or not a concern resonates with the public across the board is not CORD's only criteria for inclusion of an issue on its agenda. Why not accountability then?

Perhaps it is because CORD — like all political alliances and coalitions that preceded it — includes among its members those from whom accountability could also be demanded. History does repeat itself.

There is no political alliance or coalition in Kenya today without carry-overs, continuities, from the past — the colonial-era collaborators may slowly be dying out, but the first republic's are still with us, alive and well, scattered across the Jubilants and CORD alike. Thus, CORD raising accountability would create yet more rancour amongst its already ill-disciplined troops.

Finally, it may also be that CORD is finding news from the ICC as depressing as the rest of us. The case of William Ruto and Joshua Sang is proceeding — albeit with an ever-diminishing witness list.

Unspoken disquiet arises from the uncertainty as to the Uhuru Kenyatta case — beset too by an ever-diminishing witness list but also by the co-operation or lack thereof of the government of Kenya.

The Attorney General is publicly adamant. As far as he's concerned, the Office of the Prosecutor is on a fishing expedition. He is irritated with both the broad nature of the OTP's requests, as well as the lengthy time period to which those requests pertain. He thinks the OTP should only ask for whatever specific records will corroborate evidence already in the OTP's possession.

The OTP is equally adamant. As far as it is concerned, there is a "substantial body of evidence that suggests the accused played a role in financing the violence" and "the GoK is aware of the nature of this evidence."

It thinks it is obvious such financing would not be direct but through proxies. It therefore wants all asset, banking, tax and other records not just of Kenyatta himself but of any company he has an interest in.

More cynically, CORD may also have decided to prepare for the political realignments expected if Kenyatta's case falls through and Ruto and Sang's cases do not.

And so here we are. With nobody — not even the political opposition — speaking up for accountability. 

L. Muthoni Wanyeki is Amnesty International's regional director for East Africa, covering East Africa, the Horn and the Great Lakes. This column is written in her personal capacity

Ocen  Nekyon

Democracy is two Wolves and a Lamb voting on what to have for lunch. Liberty is a well-armed Lamb contesting the results.

Benjamin Franklin

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