Critical Timelines: Presidential Run-Off and ICC Trials Converge

The Kenyan trials at International Criminal Court at the Hague are due to start on April 10 and 11, 2013 respectively, while the Independent Electoral & Boundaries Commission has set April 11 as the date for a second round run-off if it is necessary in the presidential election.

All opinion polls are pointing to a presidential run-off and unfortunately one of the favourites to be in the run-off, TNA’s Uhuru Kenyatta will be appearing before judges of the ICC to answer charges of International Criminal Court. His rumoured running mate William Ruto shall also be appearing before the same court a day before Kenyatta.

Uhuru Kenyatta – together with former Chief of Civil Service Francis Muthaura – is allegedly criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanityof:

  • murder (article 7(l)(a));
  • deportation or forcible transfer (article 7(l)(d));
  • rape (article 7(l)(g));
  • persecution (articles 7(l)(h)); and
  • other inhumane acts (article 7(l)(k)).

Kenyatta’s trial specifically starts on 11th April converging with the same date IEBC has penciled in for presidential run-off.

This scenario presents a major quagmire for presidential candidate Kenyatta and his supporters subject to his vetting and approval by the IEBC to run for president.

Already there are suggestions that the trial date be moved and locally there are attempts to change the law for an elected president to be sworn-in anywhere other than what is specified in the constitution.

ICC Chief Prosecutor Fatou Bensouda has already ruled out postponing the trials of presidential aspirants Uhuru Kenyatta and William Ruto under whatever circumstances. That leaves the IEBC on one side, and the political forces on the other side.

Who will blink first?

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By Cont-ED Posted in kenya

50 comments on “Critical Timelines: Presidential Run-Off and ICC Trials Converge

  1. when ruto/uhuru can stand in front of cameras and national TV and without batting an eyelid, state that they can go to the hague and perhaps even be committed to jail and still run the affairs of the country eti because of ICT

    this first states that kenyans ni wajinga ovyo, i.e kenyans are so pathetic that the only type of leaders available are some scruffy criminals

    but the most stupid thing is to think and liken other court and criminal services as if they are kamiti “minimum” where convicts are doing booming business e.g kidnapping. hehehe, the moment you go through one of those gates even your belt gets taken off, ask the inmates over there about their experiences

    good grief, what kind of numbskulls are supporting these two chaps?

  2. ODM’s chances are higher if UK is on the ballot ,even RAO has intimidated this when he supported UK n Ruto to be allowed to run.If RV and Central rally behind one candidate the ODM’s goose is cooked ,it will not matter if its musyimi or Wakoli.Matterof fact even the farasi mbili analogy was just to nudge UK on ,its a good thing that greed is insatiable and that is why you can bet on UK being on the ballot no matter what Willy thinks.If there is a part of the constituion that can block him then hey will swiftly amend,that is why they have Eugene in the MOJ.

  3. Mzee
    That was hillarious, ati ruto says he doesnt do any business and to top it calls the claims by a reputable journal to be garbage from a sewer, now those are not presidential choice words, will discuss more later.

  4. Kibaki will not take a fall for Uhuru Kenyatta; otherwise he would have done that long time ago because the pressure is surely on him to do just that. As the late Njenga Karume once said, Kibaki is a completely thankless person. But perhaps there is something that happened within the precincts of the state house in Dec. 2007-Jan. 2008 that we don’t know about hence the dilly dallying by Kibaki. Or is it the fear of the Hague that is keeping Kibaki from “saving” the muthamaki. Making Kenya a pariah state is a small issue for these people if it can save them. Bashir has successfully done it.

    I would like to put a new spin to this whole Uhuru/Kibaki saga. It seems to me that Kibaki fears Uhuru presidency and is doing everything in his power to make sure the guy does not succeed. As far as we understand, Kibaki has simply shunned Uhuru and is apparently working with his new stooge Musalia Mudavai on the issues of succession. In Kibakis mind, Mudavadi would better protect him than Uhuru whom he has left high and dry. Uhuru Kenyatta in Kibakis mind might resort to revenge upon assuming the presidency. He might even go on a “tell all” spree at The Hague which might land the old right in a cell next to Taylor.

    When the dirt hits the fan we will all know what these people have been hiding all along. And it won’t take long.

  5. I thought the recent ruling by Justice Mumbi (not sure this is the correct name) on that KACC appointee already sets precedent and just waiting to be confirmed by other Judges. I read somewhere that the 3 Judge bench on uhuruto case is due to make their ruling on Oct 28, which hopefully they will borrow from the mumbi’s ruling.
    I do however have some reservations about two of the judges i.e. Warsame and Leonela as I have read some of their previous judgement which appear out of their depth.

    • jmaina,

      You bring an aspect that needs top be explored. The Justice Mumbi ruling which has not been appealed(as far as I know) now stands as a clear precedent. Integrity goes beyond just having been convicted of a crime. That has been the yelling we hear from impunity elements. Oh so and so is innocent until proven guilty. That is fine but the rejection of the KACC nominee was based on credible evidence that he has engaged in questionable activities that comprise his credibility. So this was a huge development. It is a milestone really on the interpretation of Chapter Six.

      Now here is the question. In relation to Mr. Matemu (the rejected KACC dude) he was a nominee of the president and the PM having been approved by parliament. The court rightly threw him out. What happens in the case of elective positions where the same constitution gives every citizen the right to seek office? Can the courts stop one from seeking office? Would that not be considered as unconstitutional? Can the courts argue that they have no powers to stop anybody from seeking office but do indeed have powers to stop anybody from holding office if indeed evidence is provided to prove that the person although elected to an office has failed the integrity test.

      My argument here which is based on the theory I have explained earlier on the thread is that whereas anybody can run for office NOT all those who run for office can hold the same. I think sections of the constitution which allowed even suspected criminals to run for office will tie the hands of the court as far as running for office is concerned but those handcuffs fall off once a person has been elected to an office.

      The other interesting element is that I think the integrity requirements may not apply if one is just an M.P and holds no executive office. That is why Uhuru had to resign from being the minister of finance and even his little thug Waititu had to be removed from his gig as an assistant minister but both are M.Ps.

      I think the law allows citizens to elect any scumbag as their M.P as long as the scumbag holds no public office. I have always wondered why Uhuru thinks being indicted by the ICC for crimes against humanity stops him from being the Finance Minister but still allows him to be a president. It doesn’t add up but let them battle with that reality. It is part of their punishment. Oh dear.

    • jmaina & others,

      Interesting take from Nowrojee

      http://www.the-star.co.ke/news/article-94589/chapter-six-doesnt-bar-ruto-and-uhuru

      I know some will jump to this straw in defense of the doomed Uhuruto project. Tough luck. But I agree with Nowrojee and he has confirmed my own sense which I have argued here all along that the constitution does not allow anybody to bar a candidate from running from the presidency even if that person is a suspected mass murderer or even just a simple robber.

      Being a candidate is not a state office as Nowrojee eloquently puts it. The presidency however is a state office, never mind that it is an elective office. That is the catch. In other words go ahead and run if you are Ruto or Uhuru but just make sure you lose. In fact in Nowrojee’s argument let the voters reject you in the ballot. Simply put if you win then Chapter six kicks in and your ass will be kicked out of office by the courts. Knowing the egos of the chaps involved they are going to run anyway and deal with the mess one way or the other afterwards. That is a good thing. Bring it ON.

      • adongo,

        you have been saying this very clearly and am glad nowrojee has added his voice to this. i think its time we highlighted this and take it to the people. adongo can you rehash this issue and put up a new post or if you are short on time maybe someone can do that. i think thats a very big topic that needs to stand out on its own

      • tnk,

        May be I will do that but the matter is pretty straight forward from where I sit. The only issue for debate and that is something the courts will soon decide is whether Chapter six can be applied before one is elected to office or after. Many Kenyans believe Chapter Six should apply to candidates to avoid a situation where we elect folks who would definitely be declared unfit for office soon after they are elected to the same. I can understand their sentiments but my reading of the law agrees with Nowrojee’s point that being a candidate cannot be considered holding a state office. Plus the constitution is very clear that anybody not convicted of criminal activities can run. In fact even convicts can run as long as they have appealed their cases and are still awaiting the results of the appeal.

        Now with the benefit of the Matemu ruling, the first one regarding Chapter six a few things are very clear.

        1. Proof of criminality is not needed to keep bad people out of office based on Chapter Six. Matemu had not been charged, leave alone convicted of any crimes.

        2. The idea that Chapter six will only apply to actions or activities one has been involved in while in the current office not things of the past is just plain wrong. Matemu was rejected for activities which took place in his previous work not in the one he was being appointed to. End of that debate.

        3. Another question which is now before the Chief Justice is whether Chapter Six only applies to appointed state officers and not elected ones. Of course Chapter six applies to all state offices. If it was only intended for appointed officers the constitution would have said so. So that is a dead straw kina Uhuru can hang on for a while but it is going to snap. Nowrojee himself makes it very clear that the presidency is a state office.

        4. One thing that Chapter six dwells on is conflict of interest for state officers. In this case it is rather obvious. The president of the country cannot have a situation where serving their own personal interests conflicts with serving the interests of the nation. The president of Kenya is going to be asked to assist the ICC in freezing the assets of indicted suspects as well as making sure they are arrested and handed over to the ICC in case they abscond. Now if the same president is also the indicted ICC suspect how will that happen. Wouldn’t the president in order to serve their own interests subvert the obligations of the country to the ICC?

        5. Taking (4) above what happens if the president who is also an indicted suspect at ICC pulls Kenya out of the ICC to save themselves and takes the country into the path of a pariah state. That is the ultimate conflict of interest scenario where an individual decides to harm the country to save themselves. That is precisely what Chapter six was intended to prevent and it will.

        6. Taking alll the above into consideration it becomes very obvious that were we to end up with indicted suspects in the State House they wil be sitting there as international fugitives who have also been declared unfit to hold office by our own courts. The next argument for them will be oh unless I am impeached there is no way to remove me. That is just plain foolish. First of all we do not need to impeach the Deputy President. So if it is Ruto he is out mara once. The one who waits for impeachment will be a hostage at State House who cannot transact any business of the nation as that will be null and void. The end result of all that is the suspects may end up in a huge mess and as well as the country and it may just be the surest way to make sure those chaps end at The Hague and leave Kenyans alone. This is a very deadly game for Uhuru and Ruto. We will meet them where they want to meet us. Hakuna shida.

  6. The AG has come with a different angle now:

    http://www.nation.co.ke/News/politics/AG+puts+Uhuru+Ruto+fate+in+judges+hands+/-/1064/1529664/-/1in8toz/-/index.html

    This is pretty interesting. Githu is asking which takes precedence in law. Is it the right of every Kenyan to seek an elective office or the provision to bar crooks, thugs and murderers from office ( Intergrity requirements). I am glad he has asked the SC itself to address the issue.

    I think the SC is going to give him a simple straight answer. Yes every Kenyan has a right to vie for office but those who fail the integrity test can be removed from office if a case is filed against them and the court determines that yes the individual in question is not fit to hold office under the integrity requirements. In other words the two aspects of our constitution are not contradictory.

    I think the way the constitution is constructed partucularly after the butchers of Naivasha battled to eliminate the intergrity requirements and failed it is not possible to stop people from running. They run first then you kick them out. That to me is the law as it exists now.

    The gender requirement is also framed here better than the version in KBC which made the AG look pretty dumb. It seems the AG is asking if the gender requirement contradicts the other constitutional provision which prohibits any form of discrimination in elective offices. Again the answer is simple as far as my limited understanding goes.

    The constitution asked parliament to work out the mechanism to get the gender requirement. It did not force parliament to do one thing other. Unless parliament has indeed enacted a law to implement the gender requirement, the court cannot rule whether such a mechanism is unconstitutional or not.There are a million ways where parliament can ensure that both provisions of the constitution and ensure that they are not contradictory at all. Let them go to work like all do in the morning.

    • Adongo
      Are you suggesting that the office of an MP is not a public office ? I think not. Any office that is established to push public intrests weather elceted or otherwise to me is a public office.In any case isnt the president elected ? ,my two cents on this is that let us save Kenyans the heartache and let the “bad boys” ran we can implemnet the fine print in future elections ,you have already heard statements from people like Kabogo ,trouble is the last thing we want on our shores ,on that im certain many will agree.My faith in the Kenyan people has never been stronger and there is not doubt in my mind that Kenyans will NOT ELECT A MASS MURDER SUSPECT to be the president of our beloved country ,kenyans and by that i mean majority of “hawa pendi aibu ndongo ndogo”.The two by-elections have gone to muthamakis head and now he is already acting like a president demanding meetings with Anan,he should be reminded that at one time the flower party won two by elections one in Makadara and one Juja ,i ask where is the flower party now ? trailing at 4% in all three opinion polls .So let UK fry in his own fat .

  7. Mzee,

    Interesting observations. I also watched the Ruto interview on BBC. Two things stood out – one on public discussion of case details…another on Presidential election politics.

    William Ruto needs to learn a thing or two about making inappropriate public comments on a serious criminal case that is sub judice – actively in court. He should learn from Henry Kosgey – who must have been properly debriefed by his lawyers during his case proceedings. Stoic silence on this matter would do a lot of good for the accused.

    I just saw BBC’s Stephen Sackur cleverly entice William Ruto with the ICC question…and gud lawd…didn’t Ruto walk straight into the bait. Ruto waxed serious contempt over the OTP charges…in what is arguably a serious contempt of the ICC court proceedings…He laughed off the gun supply charges as fallacious…and mocked every other charge by the OTP.

    What Ruto needs to ponder about is what could be ringing in the heads of Trial Chamber Judges when they listen to such public contempt from him. Will they just ignore it or some may interpret it as a form of interference with due process. I thought Ruto was seasoned enough to wade off cunning journalists bent on baiting guests into discussing the risky matter of active proceedings?

    Coming to the question of a possible pre-election pact with Uhuru; Ruto’s body language betrayed him. This question made him uncomfortable. It is an open secret Uhuru doesn’t want to seal a running mate deal with Eugene Wamalwa precisely because he leaves all options (including possibility of Ruto joining him) on the table. On the other hand, Ruto knows his political premium in RV diminishes if he opts to be Uhuru’s running mate. Therefore Ruto must run in the first round – to lose but still lock out Kalenjin votes away from ODM (Raila).

    It is only what happens in the likely run-off that eventually matters. William Ruto will be likely charged with the responsibility of flogging the Kalenjin to vote for another Kikuyu Presidency rather than an ODM ticket that will likely have a Kalenjin running mate. The unraveling may just begin.

    • Job,
      More interesting about the Ruto interview was his persistent claim that it was the Kenya human rights commission, Koffi Annan and other enemies who orchestrated his being at The Hague. All along Ruto had thought that Stephen Suckur would ask him about URP vs. Raila Odinga stories but none of that came up. So he was left twisting and writhing in his chair not knowing how to answer simple questions. I have never seen the usually eloquent Ruto so confused. Stephen Suckur being a clever interviewer would ask Ruto the same question three times without WSR realizing that he was being set up for a sucker punch. The interview never ended with high five as is often the case with “bench” but rather a long and gloomy face.

    • this is insane
      the AG is only supposed to represent the govt of the day. these people (the suspects) are a “possible” govt of the future,
      – is the AG speculating on who is to form the next govt?
      – does the AG know something about the outcome of elections that we do not?
      – how about victims of PEV, isn’t the AG supposed to be acting to seek justice for the victims of PEV rather than paving a smooth road for PEV suspects
      – is the AG supposed to even be involved in speculating about the outcome of an election, isn’t he supposed to remain neutral and accept whatever outcome?

    • eistein,

      Githu’s idea just shows you how confused and desperate the situation is for the forces of impunity. Uhuru is running around campaigning and they are breaking their necks patting themselves in the back but only a fool expects Uhuru anywhere near State House in April 2013. He will be at The Hague or he will be a fugitive. That is just the simple reality. Either a miracle happens and the ICC case disappears just like that or Uhuru’s ambitions will remain a mirage. People can dance all they want around that. That is their problem.

      Secondly, the government of Kenya has no standing on the case. Kenya is not being charged, a few individuals are. So how is the government going to ask for a posponment in a case where they have no standing. The role of the government is to cooperate with the court or refuse to do so if they so wish. The AG has no capacity to tell the court when to start the case. So this is just one of Githu’s absurd ideas which is going nowhere.

      Third any applications for postponement of the case will have to be made by the indicted suspects before the judges when the cases come up on April 10 and 11, 2012. Anybody thinking they can ask for postponement because they are running for some seat somewhere and need time to do their political stuff is engaging in dangerous fantasy. If you want a postponement, fall sick and be very ill in some hospital then may be the judges will listen. This is not the Kenyan courts and police arrests where people cook up all sorts of excuses if they think they are too big to be arraigned in court. The fact some people are still grasping on these straws tells you they have not fully internalized the full dimension of the ICC reality. They will soon.

      I asked one question a long time ago and it has come to pass. My question was what happens when we have a run-off and one of the candidates is tied up (to put it mildly). According to the constitution we will have the two names. It matters little where they are as long as they are alive. Uhuru can still be elected even if he is at The Hague. The problem is State House is not moving to The Hague anytime soon. I have even wondered what happens if we have two candidates and one dies before the run-off. I would assume that is catered for in the constitution. Obviously the constitution did not anticipate the Hague situation but it is what it is. A nightmare for some people. That is their problem.

      Here is Githu’s other phony idea which he sent to Supreme Court. Githu says he needs advice whether the 1/3 gender requirement has to be implemented in the next GE (2013) or it can be achieved “progressively” over time. Githu is a constitutional law expert for crying out loud. Why would he need to ask such a dumb question? The 1/3 gender requirement is law now and come 2013 GE if parliament does not have 1/3 limit, the whole bunge will be an illegal entity and will be sent packing. Implemting this thing is not rocket science and we sorted this out a long time ago when they were busy doing other “important” things. We can help if they need our help.

      here is Githu’s boneheaded querry to the Supreme Court.

      http://www.kbc.co.ke/news.asp?nid=78565

    • Dead on arrival! A single individual cannot hold the entire country at ransom. Uhuru will still get his share of votes even if held up at the Hague. I suspect that a majority of pragmatic Kenyans are likely going to sort this one at the ballot – devoid of emotions. Will they elect a fugitive President under a new Kenya with an Oil economy?

  8. “Deputy Prime Minister Uhuru Kenyatta cannot be prosecuted at the International Criminal Court if he is elected President in 2013, according to the constitution.

    The same would apply to Eldoret North MP William Ruto if he became President. A previously overlooked clause in the new constitution gives immunity to Kenyan presidents from prosecution in any court for any criminal offense.”

    http://www.the-star.co.ke/national/national/97151-president-uhuru-cannot-face-icc-trial.
    I seriously think Uhuru has already made up his mind that he is not going to be at the Hague that is why they have started spinning these non-sense, that he cannot be prosecuted by ICC. The Rome Statue applies to everyone regardless if they are heads of state or not and therefore overrides the constitution. Who is advising these people and do they think we are fools?

    • i think thats a good spin. way i see it, that spin is supposed to “encourage” uhuru supporters to come out en-masse to vote him in and “save him” from the ICC. the assumption here is that uhuru’s voting block is sufficient to carry him through
      unfortunately the math goes wrong, because lets for the sake of argument concur that the clause does provide impunity immunity to the president, how about the deputy president? i.e it will only save one. so why would uhuru support ruto or ruto support uhuru? are we to assume that one of these guys will die for the other? really? and what about the remaining kenyans (not in the uhuruto die hard fanatic base), do they really want to elect someone just to save him from a date with true justice? i don’t think so, people will come to their senses one way or another

    • This is wishful thinking. Article 27 of the Rome Statute rubbishes all that the Star is trying to propage about President Uhuru.

  9. There are a few things that are going to cause major headaches to a lot of people on this issue.

    For one thing we have the irony of politics where the same people who wanted the March elections to stretch the life of the current bunge now find themselves in a situation whwre we have now ended up with the election schedule colliding with the ICC process. Now they want another dance. Be careful what you wish for Same thing with blocking the local process. They killed it now they woudl die to have it back. Nope.

    Secondly the idea of pressing the ICC to postpone the beginning of the trial to suit Uhuru’s interests is just foolishness. The same people who have been screaming that the ICC should not interfere with the Kenyan political process now want the ICC to do just that. They want the ICC to postpone charges to suit specific politicians. If that is not meddling I don’t know what is. You can’t have it both ways.

    In any event any requests to postpone the trial or push for time can only be made when the court sits on April 10 and 11 2013. You cannot ask the court to respond to newspaper artcicles or misguided rants from Mr. Githu. If Uhuru and Ruto want a postponment they will have to go to The Hague and ask for it in person. Proxies wont do. If they don’t show up they will be declared international fugitives. End of story.

    The real zinger for Uhuru who is presumably going to be in the run-off is the simple reality that he will be in court facing charges on what is by far the worst crimes in the universe just about the same time he wants to be at State House. I have said it before and I will say it again. It is simply not possible to be at State House, Nairobi and at The Hague at the same time. Kenya’s State House will NOT be moved to The Hague. There are no two ways about it.

    Will the courts block Uhuru from running? No. They can’t under the katiba. The courts will most likely rule in Uhuru’s favour by simply declaring that they cannot speculate on whether someone is fit to hold an office until such a person actually holds the office. In other words until Uhuru is actually elected to be the president, the courts have no capacity to rule whether he is fit for that office or not. The courts will have to wait for cases filed when a person is in office not before. After the court ruling they will be celebrating in the streets but it will be a very short lived celebration. What else is new? “Victories” for today become huge loses the very next day. That is how these people do their politics. Long term doesn’t exist in their vocabulary.

    In my view and this is what I mentioned at the CJ’s conference at Taifa Hall UoN, anybody including suspected serial killers on trial can run for office but NOT all those who can run for office are fit to hold office under Chapter Six of the constitution however watered down.

    Let’s say today the police arrest suspected MRC operatives actually hacking people to death in Mtwapa and charge them with mass murder. If those suspects are freed on bond they are free to contest for office including that of the presidency(some people now worshipping Mr. Uhuru would be crying murder if that were to happen but that is another story) after all they are free until proved guilty.

    Interestingly such a suspect would have a better chance to run the country than Uhuru has because as soon as they win the presidency, the charges against them will be dropped due to presidential immunity. Too bad the same does not apply to crimes against humanity and to the ICC. How ironic!

    In a nutshell the big issue for Uhuru and Ruto is not the run-off and the start of the hearing. The issue is being at The Hague definitely for years and possibly forever and trying to hike a ride to State House at the same time. It is a nightmare that simply won’t go away.

    It appears the big plan for Uhuru is get elected and ditch the ICC and give us a pariah state to save his skin. That is another nightmare in its own right. Can we really afford a pariah state to save Uhuru? I doubt it.

    The more sensible thing would have been for the ICC amigos to pick somebody to carry their water while they deal with the charges of mass murder. That is easier said than done. Uhuru doesn’t want to be at The Hague period. He is not going to take his neck there and live some Mudavadi chap rolling at State House after he has been accused of being sent by the same State House boys to go do their dirty work which is what put him in trouble to begin with. Uhuru is not buying that and eh is definitely not spending his billions to send somebody else to State House. He is only human.

    How about an Uhuru/Ruto ticket to try win this thing in round one? First of all there is no such guarantee. Ruto has sold himself as the king going for the big crown. Being reduced to a deputy may lay the king bare for with all sorts of possible consequences. Secondly a situation where both the president and his deputy are at The Hague is not very amusing. So all that does not change anything as far as the ICC goes. It is still full steam ahead. Now what to do?

    There are those who argue it is ODM folks who are praying for Uhuru to end up at The Hague. There is no need for any such prayers. Uhuru is already at The Hague and they walked there on their own accord. The train has left the station and reached its destination. Nobody can undo that.

    At the end of the day all the heka heka we are seeing is nothing compared to what we are going to see come February/March and heading to April. The desperate times are going to lead to some very desparate actions and activities. We haven’t seen nothing yet. When thsi Haue thing sinks in kabisa kabisa expect anything and everything. Now they are busy chasing a few M.P.’s to ditch this party or that party and to join them most likley only to end up losing in the GE but come March they will be physically chasing their tails in public. It is not going to be funny

    • Folks,

      Great insight from thinking minds! I’ve always wanted Uhuru and Ruto at the ballot precisely to stem any tide of uproar – that they were denied ‘their democratic rights’. Uhuru is quite popular among his folks. Ruto is respectively popular among his own. Even Kalonzo who’s not involved in the ICC conundrum is equally popular in his backyard. Musalia is the undisputed King among the Maragoli and probably some Tiriki (sub clan of Luhya). But as we all know, ethnic chieftains don’t guarantee the presidency. A president has to go beyond their tribe to win.

      The truth is – not all these folks can be president at the same time. That’s where our serious discourse should begin. No one needs a degree in nuclkear science to realize these folks wont simply agree. Anyone ceding to another (competitor) automatically loses political clout and respect in their respective backyard.

      The point about ICC timelines is also quite significant in that the very likely scenario of an election run-off coincides with commencement of Uhuru/Ruto’s serious cases at the Hague. Anyone thinking this situation won’t have an impact on the run-off is not serious. Anyone thinking the ICC could tweak their schedule is naive. The point is – Uhuru and Ruto have serious cases to answer about sponsoring political violence in the last elections…violence that led to mass murders, rapes, and displacements. If anyone thinks this grim reality had nothing to do with raw motivation of blood-stained jostle for power – they need prayers.

      Every Tom, Dick and Harry knows that some people will do anything to hang or get into power. That includes – spilling copious amounts of blood from helpless targets. The ICC has these fellas on target.

      Part of Uhuru’s strategy for survival is – being President of Kenya! Ruto actually shares the same dream. Not Mudavadi or Kalonzo can save these fellas. Only they can save themselves. Only President Uhuru can save Uhuru Kenyatta.

      But how can he become President, with the ICC albatross hanging around his neck? That’s the million dollar question. Uhuru has to FIRST kill Mudavadi’s chances for a realistic compromise. He is doing it ferociously hard. Uhuru believes in himself – to an extent of calculating that a run-off between him and Raila is a shoe-in. His ultimate scenario is a UhuruRuto ticket versus ODM – a position in which Ruto is frankly uncomfortable with due to grassroots pressure.

      This idea that Kenyan voters will simply elect a President held at the Hague is yet to undergo an empirical test of study. Kenyans may be anything but not fools – proving each and every time they’re pragmatic at worst. Uhuru’s strategists may send hirelings to ask Kenyan courts to allow a Hague based President to assume office. My guess – it won’t happen!

      Clever minds already know the real prayer in this cunning court case. It ain’t about Uhuru’s swearing in to the Presidency should that scenario happen. It’s about setting judicial precedent. The elephant in the tent is our Constitution which bars folks with questionable integrity from assuming public office. Under the guise of the ICC case, shenanigans are playing out to shift debate from Katiba-Chapter 13 integrity issues to the question of constitutionalism of presidential immunity. Keep your eyes on the ball fellas!

      • Job
        You conclude; Part of Uhuru’s strategy for survival is – being President of Kenya! Ruto actually shares the same dream. Not Mudavadi or Kalonzo can save these fellas. Only they can save themselves. Only President Uhuru can save Uhuru Kenyatta.
        I don’t think this is correct. Yes for the constitution of Kenya he will be free though not according to the Rome statute. Even if he is elected President he still has to face the court in The Hague. He probably will not go there out of free will and it will be unlikely that the AG will order Uhuru to be arrested and send to The Hague. The consequence will be Kenya becoming a pariah state with international sanctions crippling our economy (although Oil could be a bargaining tool).
        I do not think the powerful behind Uhuru will like this option. I expect Uhuru will at the appropriate time step down as a presidential candidate and appoint a stooge and become a well protected (influential) fugitive.

      • jansinteur,
        I don’t think there is a chance on earth that Uhuru Kenyatta would trust any STOOGE with the Hague process, which is basically his life, unless the stooge is his mother or blood brother. There is no guarantee that the named stooge can forever protect UK. Truth of the matter is that the international community has a way of arm twisting presidents in Africa and this stooge could simply be convinced in one way of the other to let go UK. Put another way, the stooge would not like to become a wanted man himself and a prisoner in his own country because of one man. He might pretend from the beginning but a point will be reached in which the stooge would simply tell UK to go defend himself at The Hague. By the way, why does one become a stooge? Mostly because of money. But having been the president of the republic for some time the stooge will have enough money and protection to rubbish UK.

        For the above reasons, I agree with Job that Uhuru is the only one who can protect Uhuru. That’s why he is going full throttle to win the presidency.

      • the only thing that will stop uhuru/ruto quest is a clear unambiguous ruling from the judiciary from which there can be no appeal (and appeal they will through the AG + other ambulance chasing lawyers) make no mistake about this

        in the chance that the courts do make such a ruling, the next step by these two will be to mobilise their support base to cause significant chaos and possibly intimidate the remaining candidates and potential candidates especially from their own turfs.

        literally their lives are at stake and they will invest heavily

        also the cost of campaigns is significant and i do not see these guys just throwing cash away,

        frankly am not sure that the courts are up to the task and i get the impression that they will probably dither / procrastinate with the ruling and stretch it all the way to Jan/Feb next year.

        kenya becoming a pariah state is something to tell sensible people, these folks think nothing of killing 1,500 people and displacing 500,000, they are rich and comfortable, sanctions impact the poor far much more than the rich.

      • Jansinteur,

        I think you give Uhuru’s conscience too much credit. From his character so far, I don’t see him stepping down as a presidential candidate out of his own volition. Only courts can stop him …not even the grim prospect of turning Kenya into a pariah state can stop him…his conscience is defined by what you saw him do when the ICC charges were read…he reluctantly resigned as Finance Minister while remaining in government as Deputy Prime Minister.

        That tells you what Uhuru thinks about power…it is the sheer control of state apparatus that Uhuru craves for – as his likeliest guarantee against the Hague Court.

        He thinks he can use tribal chieftains like Ruto, Eugene, and Kalonzo/Ngilu to herd their flock into that dim game-plan. He predictably named his campaign slogan is “I believe”… he actually believes most Kenyans think that Raila (aka Kimundu) IS the country’s problem…not even the land-grabbing masterminds of mass murders.

      • As long as these people are going into the elections not to win but to lock out Raila they will lose big time. And as long as they still feel that Raila is the mountain between them and the state house they won’t make it. But more importantly, these fellas have realized that none of them can beat Raila on a one on one basis. This is good news for ODM and RAO.

        All these stories of coalitions and counter coalitions by Uhuru Kenyatta will not survive the test of time because as Adongo often says, they have no feet to stand on. No one will go into a presidential race for the sole purpose of losing and that the situation UK wants to put WSR and Mudavadi in the above named picture. The highly ambitious Ruto will not allow himself to be used in this manner so the idea is dead on arrival.

      • Folks,

        If we combine what the CJ said yesterday when asked about the fate of the ICC inductees and what Kofi Annan said regarding the same there is only one conclusion. We can now safely rule out any possibility of an Uhuru presidency. Ruto was already out because he just doesn’t have the numbers.

        So why do we rule Uhuru out.

        1. The CJ when asked about integrity test for the big job he asked Kenyans to read the ruling on the Matemu case where the court ruled that integrity goes beyond mere proof of criminality. It is not about inoccent until proven guilty which was the battle cry of those peddling impunity merchants like kina Uhuru. The CJ also talked about the Nancy Baraza case where she was thrown out of office without even being charged with a crime. Simply put the CJ is saying without uttering any such words is that when a person is facing crimes against humanity committed against Kenyans in Kenya there is no chance in hell that they can sit in State House. You don’t need any foot in rocket science.
        business to figure that out.

        Is the CJ showing bias? No. He is simply saying courts go by precedence and best way to understand what courts are likely to do in the ICC case with regards to holding office in Kenya is to look at what they have done in the past with regard the Chapter Six. And so far the Matemu ruling is the first one with regard to Chapter six and it smells like a complete disaster for Uhuru. Jmaina already raised that on this very thread. It is interesting that is one ruling the Uhuru crowd has not picked at all. That is very slow on their part. Head in deep sand right there.

        I thik the issue as to whether the courts can make that ruling before or after elections has been discussed on this thread already and we all hold different views on that. We will know by the end of the month.

        2. On the Kofi Annan front he was very clear that Kenya does not exist in a vacuum and our relations with the rest of the world may very well come down to who we elect as our president. It does take much to figure out that Annan is saying electing a president who would turn Kenya into a pariah state would be a disaster. Hillary Clinton said the same thing and some people were going gaga about sovereignty and all that kind of thing. Both these people are stating the obvious, namely that we have to choose between saving individuals and saving the country. We will choose the later.

        3. What next? Mudavadi to the rescue? May be and then again may be not. If Mudavadi comes in as the guy who will save Uhuru his goose is cooked. If Uhuru cannot save himself, Mudavadi cannot save him. Mudavadi has to offer Kenya much more than “I will save Uhuru” kind of talk. But then again Mudavadi will need to be an Uhuru saviour to harvest the Uhuru vote? Talk about infinite complications.

        4. Where does this leave ODM? Nowhere in particular as far as I can tell. ODM cannot sit back and hope that with Uhuru pretty much out of the way unless Uhuru goes nuts and tries anyways, they will just pick the low lying fruits. Nope. ODM like any other political party in Kenya has to offer Kenyans real tangible way forward and vision for the country that Kenyans can identify with. They have not done that so far. Whatever they are cooking behind the scenes need to be presented to Kenyans right about now. I know they are cooking some good stuff because I talked to the chefs themselves but we need to see it and we need to see it very soon.

        One thing ODM needs to do is to have complete break from the ICC brouhaha. Let that process run its course. Come to Kenyans and tell us where you want to take the country and let’s see if we like it. There is no need to mbembera the ICC chaps. That chapter is pretty much closed. How is ODM prepared to tackle tribalism which keeps to drag the country backwards? What are the economic plans that ODM has for the nation and for the regions? What is ODM’s agenda on how to fully implement devolution? Can the ODM come up with a comprehensive plan for each and every one of the 47 counties that is in harmony with their national agenda and with what those counties themselves have identified as priorities? Kenyans are tired of being told oh we will implement the new constitution. The want to know how that will be done in concrete terms and how that will change their lives. Katiba ni karatasi, Kenyans have lives to live. So them how implementing the damn katiba will benefit them. Here we have issues of land, resources, addressin inequality in our country etc.

        From what I saw on the ground Kenyans are dying for real reforms and real end to impunity. It is quite amazing that for the first time every villager knows the name of the CJ and they admire him. They follow court cases and applaud every time something new comes like when Moi was ordered out of parts of his grabbed land when an individual sued him. It is not for nothing that the judiciary is today the most respected arm of government. It was the most despised in the nation just a year ago. Kenyans are in love with the judiciary because of what they see on the ground. It is a stunning reversal from the mess they were seeing before. From what Mutunga and his team has done Kenyans know if only they have real reformers in authority their country would change dramatically. They are dying for that option. Can ODM offer that option? That is the question.

    • The chance for Uhuru to be elected our next president is growing but will it help him to wield political power? As you stated it will be a complicated situation with the ICC in the background.
      You opinionated; Uhuru is definitely not spending his billions to send somebody else to State House. He is only human. Yes Uhuru is only human though also a clever strategist. The situation which you so well describe is not new to him and he is the person who has to base his next decision on it. The presidency will protect him from being arrested and dragged to The Hague though it will diminish his political power as Kenya will be classified as a pariah state. Consequences of poor economic situation will create opportunities for any of his current friends to turn this into strong opposition and wrestle political power from him.
      The alternative for Uhuru is to become the strong political power yielding patron behind the screen. He could select a venerable stooge deeply indebted to him and at the moment supreme pass this as the preferred president for his followers and Kenya. This avoids Kenya becoming a pariah state with an economy burdened by international sanctions.
      It seems Uhuru is the new power king and pulls the strings of all other G7 candidates/marionettes without exception. The coming election is really a two horse race between Uhuru and Raila.
      Uhuru will become an International fugitive though will be protected by his political and economic power from arrest and extradition to The Hague.
      I think he will never present himself to the ICC.

      • Jan Sinteur,

        I agree with you that Uhuru’s sole ambition at this stage is to avoid ending up at The Hague trial. One interesting thing we notice is the schizophrenic behaviour of the ICC chaps. One minute they are so sure the case is rubbish and they are going to put the OTP to shame and be released. The next minute they are doing everything they can to have the trial defered, referred, moved to AU, postponed, squashed etc. In other words they know what awaits them at The Hague. It is no joke there and it could very well mean spending the rest of their lives in a jail. For chaps who never seen even the inside of a police cell, that is right inside the pit of hell when they think about The Hague. The very thought is traumatic to them beyond comprehension.

        So I agree that as matters stand Uhuru sees the presidency as the only ticket out. Get to State House and manourvre all you can and if it means Kenya becomes a pariah state so be it. That is where things get very tricky.

        First you have Chapter six. How does a president who turns the country into a pariah state even sit in office. You can’t except by the use of force. Kenya is not Sudan or Zimbabwe. If Uhuru even tries to turn the country into a pariah state Kenyans will grab him and walk with him through the the seas to The Hague. It is one thing to have those prayer meetings or even to be voted in office but when you threaten the survival of the nation for yourself, you cannot succeed in Kenya. They will throw the book at him and he has no chance to beat that. This will be a kifua moment for him. His only chance will be to say well unless I am impeached, I am staying put. That could end up endengering the existence of the entire ruling class. Kenyans would burn that parliament down.

        The actual vote when the heka heka chaps and jokers like Ruto, Mudavadi etc are out and the race is reduced to the two “horses” with no punda business becomes a defining moment for the republic. We will have on one hand a chap headed to The Hague for mass murder and rape of Kenyans whose real chances of actually sitting at State House are very slim (legally and politically) and on the other Raila Odinga with warts and all. That is called decision time and it will go to the wire. Raila has pretty good chances of beating Uhuru. IT really comes down to a choice between night and day and the night is full of so many creatures, known and unknown lurking in the dark.

        I think it is for this reason that many pundits out there like the good prof. Makau Mutua still think Uhuru is not dumb enough to stay in the race to the end. What they forget is that the same Uhuru is also not dumb enough to trust his future in the hands of some stooge however much the said stooge is willing to grovel infront of muthamaki and beg for support like Mudavadi is already doing speaking about “collective guilt”. And now with that the Kenyatta money has bought a political party. Mama ngina would kill Uhuru if he ever attempted to give his crown to Mudavadi(at the moment the only other option). For Uhuru therefore it boils down to choosing his poison. Gamble with the presidency and win or lose you are in a quagmire or back a proxy and get into even a bigger quagmire. Decision, decision.

        In my view the best option for Uhuru and I am sure kina mama ngina and the Kikuyu elites behind Uhuru is for Kibaki himself to cut off ties with ICC and let Kenya go pariah now and then Uhuru can back off and be sure that whatever happens he is not going to The Hague. Uhuru would see this as fair since it is the same Kibaki who got him into this ICC mess after the alleged meetings at State House where the murders and Mayhem were planned.

        Uhuru must be asking why Kibaki cannot hold his own bucket and bite the bullet. Why must Uhuru be the one to put his neck on the rope for them? I think this is where the stalemate is. Kibaki is too chicken to pull the trigger and Uhuru has told them fine give me a chance and I will pull the trigger. This is like those gun fights between the good, the bad and the ugly movie. Tense like hell. Who blinks first? We don’t know but we will be right here waiting. The country is going to take this as it happens. I love my Kenyans for their courage when rubber is on the road. Our politicians make fools of our folks and piss on the nation all the time but when you push that country to the wall, the citizens will come after you. That is what scares many of our leaders even as they do the pissing. If they don’t know when to stop, shauri zao.

      • Adongo

        You have addressed several scenario’s of what could happen, but I want to zero in on “your best option for Uhuru.” If Kibaki was to cut off ties with ICC now and Uhuru backs off, how is that supposed to help him given that Kibaki will soon be leaving office? Are you assuming that he (Kibaki) cuts ties with ICC and remains in office, or that a stooge replaces him? What if he cuts ties and the next president doesn’t play ball……… they are both screwed. I think, Kibaki is not going to take a fall for Uhuru. He has a peaceful retirement in Othaya to look forward to. Even if by some miraculous reason Uhuru was to become the president, he wont rule forever because ICC will always be there waiting for him.

      • moesha,

        Yes, Kibaki pulling the trigger to get Kenya out of the ICC and trigger off chaos and crisis in the country to save Uhuru is not likely to happen even though Kibaki’s decision today to refuse a meeting with Kofi Annan and his team would suggest the old fox is up to some tricks. He is certainly not very happy with Annan.

        And you are also right that even if that were to happen it offers no lasting remedy for Uhuru since we don’t know who will end up in the big hut and if they would offer Uhuru some much needed cover. Remember the cases already before the ICC go on even if Kenya pulls out of the ICC. The only difference is that Kenya will then not be cooperating with the ICC and the suspects can be hidden in a cave at State House or some such other safe place. How long can that last with the whole country feeling the economic pinch that would result from being a pariah state.

        But my point is that the betting among the Uhuru cycles and the big guns (with big money and big interests) would be that rather than throw Uhuru literally to the wolves save him and let Uhuru work say with Mudavadi who already is showing signs of a willingness to protect Uhuru and Kibaki as he has said before. Kibaki has been unbale or unwilling to go there. It is worse than a hornet’s nest in every sense of the word. Hotter than hell.

        Obviously the Uhuru cycle has taken this thinking to its logical conclusion which tells them that it is better for Uhuru to drag the country into the misery of a pariah state himself while he is in office as the head of state than to gamble that somebody else will do it for him. The question is: what happens if Uhuru loses the election fair and square which is a very likely scenario? What is plan B? Nothing. This is how infinitely complicated this whole drama is for Uhuru and co. I don’t know if these guys are getting any sleep but I can tell you if you asked them the Uhurus will tell you just worrying about this whole nightmare for the last couple of years and particularly now when tik tock is getting louder by the minute has been punishment enough for them. Na bado!

      • Although we discourage one-liners on this board, please allow me to be a one-liner for today.

        Big Youth and his crew on this video clip in our music section “Vintage Reggae Bash: Brooklyn 1983” says:

        “If life was a thing that money could buy, the rich would live while the poor would die”

        What a cruel world?

        See Adongo’s post above on ‘The Plan’ under the link below!

        http://www.the-star.co.ke/national/national/97654-uhuru-ngilu-in-secret-meeting

      • Adongo,

        On the ‘grand plan’ to lock Raila out of the run-offs…these folks will be disappointed to learn that Kenya’s next President won’t be selected behind closed doors; through the horsetrading tribal chieftains…It is indeed laughable…the silly tribal permutations these folks are burning the midnight oil for..

        What makes Uhuru think (for instance) that William Ruto will happily abandon his presidential run and line behind Mudavadi – whom he holds in great contempt?

        What makes Uhuru think that Kambas will soundly ignore Kalonzo on the presidential ballot; instead voting for him (Uhuru) simply because Ngilu is running mate?

        I don’t know what the heck these fellas were drinking in that den at Westlands…but it sure wasn’t water! These drunkards will drown trying to pit tribe against tribe…and before they blink…Raila will already be in the run-off…with Uhuru as the likeliest mouse to try belling the cat?

      • Adongo

        Thanks for the clarification. Its scary to image the lengths these Elites are capable of going to save Uhuru. More reason the courts should be vigilant about this coming election. If they could rig in 2007 then they could do it again.

    • Folks,

      The Bensouda show in town is getting pretty heavy. She is headed to Eldoret tommorrow. Then she will be in Naivasha and other scenes of the PEV crimes.

      So far a few things have emerged.

      1. The ICC is now after the money trail. As many of us have indicated all along the next step for the OTP is to seek the identification and seizure of the assets of all indicted persons.

      Here is the story:

      http://www.standardmedia.co.ke/?articleID=2000069194&story_title=Kenya-Bensouda-now-seeks-details-on-suspects-assets

      In other words cooperation will no longer be just mere mouthing of words by the president, the AG etc. It has to be seen in practice and the consequences of non-cooperation or outright hostility can be fatal to the indicted fellows. If the indicted persons are seen to be using their influence in government to sabotage the process, their bail conditions can be reviewed. It is up to the prosecutor to asses that ans seek help from the court. It is not a joke.

      2. We also hear from the usual supporters of impunity for the suspects that the Kenya government will not give any evidence they have in their possession to the ICC and that way the indicted suspects may stand a better chance to beat the case. Nonsense. First of the same people who were screaming about how absolutely inoccent the suspects are and how this case was just cooked up by the West to fix Uhuru are now the same bunch telling us oh the chaps are guilty alright but the Kenya government will help them and hide the evidence. You can bury a skunk a few inches beneath the soil but you can’t bury the stink. The OTP is meticulous and relentless they are going to cycle the cornered vultures right into their rightful place. If anybody is guilty they are going to jail or they will have to find caves to hide in.

      But yes the NSIS is going to try to play games but it is a very dangerous game for them and for the indicted chaps. It is a dangerous game even for Kibaki and the mzee wants to go home in peace. His friend Muthaura who did so much for him has been rewarded with a retirement inside hell. That man can’t sleep now and his heart needs a rest. How he now wishes he left office way before all these. Kibaki has to tread very carefully. Those who know what went down say Kibaki was told by Ocampo in no uncertain terms that his fingerprints are in the mess and the ball could roll to his door. He knows that. Ocampo told him that in person.

      Just today we learnt that the NSIS instructed government pathologists who examined the bodies of Saitoti and kina Ojode to never ever reveal the results of forensic tests. Well that bag is now out of the box thanks to a very brave young woman ( I forget her name) who has revealed the evidence of carbon monoxide in Saitoti’s system and others as well as the orders they received from NSIS to hide everything. It now looks like that chopper came down with people already dead, poisoned one way or the other. In fact there is suspicion that cynide may also have been used from the colouring in the internal organs of the deceased persons. So we are dealing with some really dangerous and brazen killers and they did this just months ago even as we have all the PEV stuff still unresolved. Well the well laid out plans are rapidly unravelling as speak.

      3. Bensouda strikes me as a very diligent person. Her style is very different from Ocampo. She has already identified very methodically what needs to be done and she is doing it. She has been very polite and amiable. It is hard not to like her. Even the Uhurus and their bunch of lunatics are not insulting her like they did with Ocampo whom they feared and hated. Ocampo was a bully and at that time we needed a bully to knock down the walls and break the back of impunity merchants. Ocampo did just that and got the cases confirmed. Now comes Bensouda with a very different style. She is calm she is going about this thing very carefully. She wants convictions and she has said what motivates her is the solidarity she has with the victims. Great and she is going to meet some of them. Excellent. I think Bensouda is navigating this whole thing brilliantly. This is her first full time case. She is going to put everything she has in it. Be afraid. Be very afraid if you are an indicted suspect.

      4. Uhuru has now made himself the defacto head of state and is busy trying to build some regional support visiting Sudan and soon Uganda and Rwanda. Waste of time and serious panic. None of that helps. When Uhuru comes back the earth will be waiting for him to land on. What all these says though is that Uhuru is scared shitless of going to The Hague. That is his problem. Nobody told him to go kill people. This Tick Tock is becoming very dangerously close. Na bado.

      • Adongo,

        It is safer for Uhuru to have AG Githu cooperate on this issue of identifying his assets and properties…NOW…rather than have a different government (& different AG) doing that next year!

        As for the shuttle diplomacy…it’s a sheer waste of time. Kikwete is the region’s number ONE Western ally today. It’s therefore stupid snubbing Annan and running to Kikwete.

        As for Kagame and Museveni…anyone with blood in their hands is likely against the ICC already…for obvious reasons…the duo may be headed there in future.

      • job,

        The cooperation axis is very complex. Some Uhuru supporters who are allergic to any rational thinking have been jumping around with excitement claiming the government will save Uhuru by simply refusing to cooperate and hiding information including the assets of the indicted fellows. It is not that easy. The ICC is super patient. That is why some of those cases take more than five years. Bensouda other than making big strides in building a working relationship with Kenyan institutions is also getting a good understanding of Kenyan politics. She is learning about who is pulling which strings. Who is trying to block information. Who are the state mandarins working for.

        Uhuru is not doing himself any favours by running a parallel government meeting hapless leaders in the region and trying to build a case that he can run the Kenya government from The Hague or worse still that he can go rogue on the case. Cooperation is a condition for the bail that allows those indicted chaps to roam around. You botch that cooperation and try playing games with the ICC then you better not show up on April 11, 2013. You cannot cooperate half way. If the Kenya government wants to go the pariah state route then let them do it. Play around Uhuru will end up locked in jail for the duration of the trial.

        For now the best the Kibaki mobsters running the government can do for Uhuru is to stall things. They can’t come up and say a blunt no to anything. The ICC got them by the collar. Ng’wee and you could see dust and their little baby could end up in a cell. So keep stalling and tell Uhuru to lie low. Very low. But then again time is running out. Now you see why the prospect of Raila at State House is simply unthinkable to these people.They would rather kill themselves before that happens. Where does leave us, the citizens of the good republic? What to do? Put Uhuru in there? That just can’t work. And you have Mutunga there with his integrity stuff. Meanwhile Mutha wants in by all means, Hague or no Hague. It is fun for us to explore the muddy waters. It is no fun for the big boys.

        I was telling a lady the other day how strange human beings are. She was drying up some very cosy covers. I told her human being need all that stuff to sleep while cows sleep on mud and grass and they sleep all night while poor folks need all the covers they can get and they warm their rooms and still can’t sleep. Some have to take pills. How easy would it be if we were like those cows. Lie on grass and sleep all night in the mud. So here we have dudes who have it all. Cash they can’t possibly count even given a full year to do so. Land they don’t even know what to do with. They have cars of all make in the garage. They have the best booze money can buy. The whole nine yards. And they are staring at spending the rest of their lives in jail and they just can’t buy their way out it. Life surely ain’t fair or is it?

  10. phil and tnk,

    this is crazy! on one hand we have githu making an idiot of himself by asking the ICC to adjust it’s schedule to accomodate ONE VIP. Then we have uhuru and his fellow indictee inciting their supporters ie wananchi will decide whether or not their names appear on the ballot. what if the law says otherwise, will they take to the streets and make the country ungovernable? are we being prepared for ‘no uhuru no elections’ chaos?

  11. how this is even an issue is mind boggling. in any civilised society, such a person who is on trial even for stealing chicken would not even be on the ballot paper. but this is a person charged with heinous crimes and yet we even have to not only think that he will be on a ballot paper, but that he may be in a run-off.
    is kenya a country for criminal enterprise?

    • It’s a great shame and we’ll definitely make history the minute Uhuru and Ruto are on the ballot paper.

      What’s even crazier is that Uhuru IS still serving as country’s deputy prime minister, and there are actually people who are planning to vote for him!

      • how can you be appointed to govern, how can an individual govern a people that s/he has been accused of committing

        murder (article 7(l)(a));
        deportation or forcible transfer (article 7(l)(d));
        rape (article 7(l)(g));
        persecution (articles 7(l)(h)); and
        other inhumane acts (article 7(l)(k)).

        do these people planning to vote for such a person really believe that a “leopard can change its spots”? isn’t this exactly a free license to commit even further atrocities? doesn’t anyone see that even with this kibaki regime’s final term its even worse propagation of ethnically skewed appointments, corruption, impunity and everything that was condemned in the first term?

        do people really understand the kind of potential mayhem that the joint enterprise of uhuru and ruto will visit on the country? i believe these two guys are only containing themselves because they first have to win the confidence of the masses and get the authority, but once in power, their real nature will come to the surface and real fast. we have already seen small snippets of how they react when “provoked”

      • I saw “Hon” William Ruto on hard talk trying to explain away why he can be at the Hague to defend himself against crimes against humanity while running the country at the same time if elected president. In Rutos world, everybody else is to blame but himself for the tribulations. He believes that people are jealous hence his troubles. The whole interview was rather comical. But here we are and as JOB said above, being president is the only way these guys can save themselves. Yes, we will become a pariah state but in the process we will be saving the two criminals.

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