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{UAH} DID TERROR ATTACKS HELP KENYATTA OFF THE HOOK?

DID TERROR ATTACKS HELP KENYATTA OFF THE HOOK?

The recent surge in terrorist attacks on targets in Kenya coincided with the withdraw by the ICC Prosecutor of charges of crimes against humanity against President Uhuru Kenyatta. The 2007/08 general elections culminated into ethnic kllings that gave rise to the ICC indictment of Uhuru Kenyatta and his co-accused. Usually, withdraw of criminal charges is for different reasons among which is lack of sufficient evidence to support the prosecution of the accused. Prudent prosecuting authorities aim at prosecuting and not persecuting thus are driven by the desire to secure a conviction. To avoid loosing the case, embarrassment and the possibility of civil action if the accused is acquitted, prosecuting authorities decide to discontinue criminal proceedings by withdrawing charges (Nole-prosequ). It implies that in future if sufficient evidence is secured, the prosecuting authorities can bring back the charges thus reinstatement. On the contrary if prosecution opts to proceed on a weak case whereby the accused is put on his defence and court subsequently finds him not guilty, then he is acquitted of the charges. With an acquittal, such charges will never be brought against the accused. Therefore Uhuru Kenyatta is not yet off the hook because he was not acquitted and it is surprising to see him state that; "I feed excited and relieved that the case is over." While withdraw of charges is done by the prosecuting authorities, acquitting the accused is done by court.

Kenya troops joined the Somali war theatre  in 2011 following the kidnap of two Spanish ladies who were working with Medicins San Frontierer (MSF) in Dadab refugee camp. The initial operation was codenamed Linda Inchi amid protests by the Somali TFG and AMISOM. It was not until June 2012 that Kenya troops in Somalia were incorporated under AMISOM. The USA, UK and Israel threw their weight by providing FINANCIAL, logistical and training to Kenya's anti-terror efforts. Since then Kenya has faced a number of terror attacks. Amidst the breakdown in security were the ICC cases against both the President and his Vice President. Uhuru Kenyatta scored when he ignored advice by Museveni not to go to the ICC but instead he fully complied with the court and he is now reaping.

Uhuru Kenyatta used the growing terror attacks amidst the ICC indictment to rally support from the international community. At one time Uhuru Kenyatta argued that Kenya faces security challenges that need full attention of the President. Later he was to repeatedly make passionate appeals thus "terrorism is a global challenge that needs global partnership." He went further to lament over isolation of Kenya through travel advisories by some countries asking their citizens to avoid Kenya owing to increased terror threats. Amidst this isolation he sought close cooperation with China. The final blow came late last month when he handed over the Presidency in order to attend the ICC session as an ordinary citizen. This was followed by the latest attacks in northern Kenya by Al-shabaab in which over 60 people were killed. As commander in Chief, Kenyatta grabbed the opportunity to declare that "Kenya is at war." He went ahead to clean his house by making sweeping changes in his top security machinery. During the same time, the ICC gave the Prosecutor one week within which to decide either to pursue the case against Kenyatta or withdraw the charges. The following week the Prosecutor withdrew the charges against Uhuru Kenyatta. 

With the withdraw of charges, Uhuru Kenyatta can now concentrate on tackling the threat of terrorism that is engulfing his country. Already, there are reports of extra judicial killings of suspected Muslim radicals. The alleged assassination program is said to be carried out by special units of the Police and National Intelligence services. The fight against terrorism is providing the cover for heinous state inspired crimes against internal dissent. It worked and continues to work for Museveni's political machinations in Uganda. Anti-terrorism efforts are used to silence dissent, isolate political opponents, suppress freedom, and hold the west at ransom. Some of Museveni's officers of the anti-terror organisation (JATT) have been attached to Kenya's anti-terror squads even before Uganda ratifies the Mutual Peace and Security Pact! These officers have a trail of blood in Uganda's notorious safe houses. Already Kenya's parliament is working on an Anti-terror law that if not well drafted will impact negatively on the social and political life of Kenyans. Kenya's security machinery is reputed for an entrenched culture of impunity. 

INFORMATION IS POWER.

Viele GruBe
Robukui

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