Away with the coalition of the accused

Dear folks;

Happy New Year – here are a few thoughts.

  1. I would be remiss if I did not warn Kenyans of the serious ramifications on the economy social life and politics of Kenya if by strange chance the coalition of the accused were allowed to ascend to the presidency. Under the weight of debilitating sanctions, Kenya will rapidly decline and whither to a basket case. I will revisit this issue later but I want to be able to say that I warned Kenyans.
  2. I have absolutely no doubt that Raila Odinga will win the presidential elections and become the fourth president of Kenya. My confidence is based purely on the issues and the credentials of the emerging candidates. I know that some budding ‘thinkers’ prefer to look at tribal arithmetic, opinion polls and so on. But for my opening statement on these elections I want to respect the intelligence of Kenyans. I make my prediction based on the assumption that Kenyans are rational and will be persuaded by principle, strength of conviction, track record and major proposals on the key development challenges of our time.
  3. I have previously and severally discussed African political development over the past 50 years of independence. One of the interesting questions has been this idea of ‘generational change’. My analysis has shown that African dictatorships and kleptocracies were the product of youthful leaders. From Samuel Doe and Valentine Strasser to Mobutu Sese Seko and Robert Mugabe; these were leaders whom we elected as young men. I once developed this thesis somewhat on Jukwaa. I was also the first person to point out the irony of William Ruto railing against ‘old men’ when he led youth for the ageing Moi. As Uhuru continues to attack Raila on the basis of age, he must be politely reminded that his own father displayed remarkable virility when he sired the lad Uhuru at the age of 67 – much older than Raila. Folks, people lead with brains not age. If age is anything, it is an asset.
  4. I find American politics replete with examples that Kenyans could learn from. Perhaps the most popular and successful American presidents in recent times in Ronald Reagan, who was elected in 1981 at 70. The American Luo president, Barack Obama is 51 and has struggled with a divided America. But Obama is likely to hand over to an extremely popular woman, Hillary Clinton who is 67! – so folks, age is irrelevant. If the coalition of the accused wants a debate, let it be on the real issues that affect Kenya, including the troubling question of justice for victims of PEV.
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By roughrider Posted in kenya

87 comments on “Away with the coalition of the accused

  1. It was reported that some 93 victims of PEV have left the ICC process because it wont give them justice. There has been celebration in some quarters due to the this but in my opinion as long as there is one victims who wants justice, ICC process will move on to the end.

    The most tricky one is to convince the over 1300 dead PEV victims to change their minds. So as much as as there is celebration and even if all the living victims vacated the trail the dead victims wont. For them justice must be served.

    Bringing the cases to Kenya could be a good idea. I only hope that the witnesses who are already outside will not be brought into the country to testify. I also hope that they will not be intimidated by the fact that parts of the cases are to be held in Kenya. Another good news is that Willy “wheeler Dealer” Mutunga and company will not be running the show, Otherwise it would be a over before it begins. All evidence would be thrown out even before they hit the judges desk. Thanks God Bensouda is in charge.

    The only problem I have with the ICC is the constant postponement of the case. The accused are busy finding all manner of reasons for postponement and the court is doing them a favor pushing the dates forward. This is creating an illusion that the cases are going nowhere. At some point the court must say that enough is enough.

  2. African leaders put ICC to task over Uhuru trial

    African presidents on Sunday supported a petition calling on the International Criminal Court to drop crimes against humanity charges facing President Kenyatta and Deputy President William Ruto.

    The leaders want the trials sent back to the national courts.

    However, an international human rights NGO was on Sunday pushing back, asking the African leaders to reject what they saw as an attempt to shield Kenyan leaders from justice. The motion for the petition was brought by Uganda and was said to have the support of 53 presidents.

    Formal communiqué

    Only the President of Botswana opposed it, arguing that the ICC should be allowed to handle the case in accordance with its mandate.

    President Kenyatta and Mr Ruto are charged at the ICC in connection with the 2007 post-election violence in which more than 1,000 died and 600,000 others displaced.

    African leaders are attending the 21st ordinary session of the African Union in Addis Ababa, Ethiopia, which also marks 50 years of the Organisation of African Unity, later renamed the African Union.

    At the time of going to press, the presidents had not issued a formal communiqué which, together with the details of the vote and resolution, is expected on Monday.

    Speaking in Addis Ababa, the President of the African Court on Human and People’s Rights, Ms Sophia Akuffo, said there are ongoing processes to expand the jurisdiction of the court to include certain types of international crimes.

    She said the court does not have the instruments to handle such cases.

    “Kenya has not applied for the transfer and even if it does, there are absolutely no procedures in place on how to make that possible currently,” she said.

    The African Union membership roster contains 54 states.

    Amnesty International opposed the Ugandan petition and asked the AU to throw out the resolution calling for the ICC cases to be referred for trial in Kenya.

    “The African Union must reject Kenya’s attempts to shield its leaders from being held to account for the human rights violations that took place in Kenya in 2007-2008,” said Netsanet Belay, Amnesty International’s Africa Programme Director, in a press statement.

    Earlier, Uganda’s Foreign Minister Sam Kuteesa, who pushed the motion to have the resolution adopted by the Heads of State, pushed for an end to the cases.

    Have raised concern

    “We are asking the ICC to stop the prosecution… if not, then they should re-investigate the cases because there are a lot of falsehoods that led to the prosecution of these individuals.”

    The AU might also want an assurance that President Kenyatta will not be humiliated when he goes to The Hague for the opening of his trial scheduled for July 9, a matter which is said to have raised concern among Inter-Governmental Authority on Development (Igad) member states.

    Uganda’s President Yoweri Museveni is said to have told Heads of State from East and Horn of Africa meeting under the umbrella of Igad on Friday night that the ICC was not sincere on the Kenyan case.

    “ICC should tell us if they plan to detain [Mr] Kenyatta. They should give us an explanation if he is going to come back to Kenya because the information we are receiving is different,” Mr Museveni was quoted as saying.

    During the talks, Zambian President Michael Sata told Kenyans to deal with their problems locally.

    “Where was the Hague when Africa was fighting for independence? If you find a Kenyan or Zambian President at fault, let the Kenyan or Zambian people deal with him, not the Hague,” he said.

    http://www.nation.co.ke/News/politics/AU-backs-ICC-resolution/-/1064/1863768/-/pr4ps8z/-/index.html

    • Breaking:

      ICC to Ignore AU resolutions on Uhuru and Ruto

      ICC says it will ignore AU resolutions on President Uhuru Kenyatta and deputy William Ruto cases, emphasising the court is not bound by political decisions.

      http://www.nation.co.ke/News/-/1056/1864568/-/w4m6m6z/-/index.html

      More to follow.

      International Criminal Court to ignore AU resolutions on Uhuru Kenyatta, William Ruto cases

      Nairobi, Kenya: The International Criminal Court (ICC) has said it will ignore the resolutions made by the African Union concerning the charges facing President Uhuru Kenyatta and his deputy William Ruto.

      African heads of state were meeting in Addis Ababa, Ethiopia for the African Union Summit where they discussed among other things, the desire to pull out of the ICC.

      The leaders passed a resolution urging the International Criminal Court ( ICC) to refer crime against humanity cases against President Uhuru Kenyatta and his deputy William Ruto back to Kenya.

      They also resolved that ICC has gone out of its mandate and was engaged in witch-hunt, adding that 99 percent of cases before the court are against Africans.

      The court in response argued that the AU decisions are political.

      “ICC is a judicial institution and doesn’t take political matters into consideration when deciding on cases related to serious and grave crimes allegedly committed in Kenya,” said ICC spokes person Maria Camara.

      The court added: “The ICC is an independent institution and is not bound by AU resolutions. The ICC relationship with the AU is based on shared objectives of fighting impunity and bringing justice to victims of crime.”

      The court emphasised that ICC- AU relation will continue to be a strong operational one noting that States Party to the Rome Statute have legal obligations under international law to fully cooperate with the ICC.

      Africa has 34 states that are parties to the Rome Statute.

      The court based at The Hague said that decisions leading to signing of the Rome Statute were sovereign and are based on shared objectives of fighting impunity and bringing justice to victims.

      http://www.standardmedia.co.ke/?articleID=2000084608&story_title=icc-to-ignore-au-resolutions

      • The Kenyan media has been trying to spin the Ruto/Sang ICC case announcements that came up today in their usual disinformation format:

        http://www.nation.co.ke/News/politics/ICC-judges-want-Ruto–Sang-tried-in-Kenya/-/1064/1871538/-/vgcyfgz/-/index.html

        http://www.standardmedia.co.ke/?articleID=2000085155&story_title=icc-judges-want-ruto-case-heard-in-kenya

        No, the trial is not coming to Kenya, but the beginning of the case and parts of it may come to Kenya or TZ if the judges decide so.

        http://www.icc-cpi.int/iccdocs/doc/doc1599758.pdf

        The move to have some parts of the trial done in Kenya or TZ was a complete surprise move for the judges. Everybody knows the plan going on is how to skip the trial and claim it is all a West plot to shame Africa (Or rather African powerful criminals). There is no evidence they say which they know is rubbish. How about if the trial starts in Nairobi for two days and moves to The Hague? What will Uhuru and Ruto do? Hide at State House and say the wakoloni are after them?

        When we followed the evidence in the Pre-Trial phase the one very disturbing thing is the reality of the murders and the crimes. They are horrific. It is time we dealt with them. I personally can never look at the PEV pictures or videos but I will during the ICC trials for the last time. I can’t handle the blood and the horror because of my own personal experience with state brutality in Kenya. But we have to deal with this PEV madness and we will. If it was not for the ICC, this would be buried like everything else in our 50 years of horror. Thanks for “Don’t be Vague, Go to The Hague”.

        It is coming. We have said that for five years. It might just be here in a few months. I always say if you are brave enough to kill folks including kids, you must also be brave enough to face the trial.

        It is also quite historical that Kenya has just produced its Truth Justice and Reconciliation Commission (TJRC) Report. With a dissenting opinion from three of the 9 commissioners. Of course we know the TJRC report will not implement itself. It can be implemented only by Kenyans and their allies. That is happening as we speak. Everyday.

      • As expected the desperation is getting laughable.

        http://www.nation.co.ke/news/politics/ICC+warns+Jubilee+on++House+bid+to+cut+links/-/1064/1977424/-/im46mjz/-/index.html

        Now the new fixation is with Gladwell Otieno who wrote a letter to the ICC president which is her right as a Kenyan citizen. Ms Otieno wrote the letter on behalf of Kenyans for Peace with Truth and Justice (KPTJ) of which I am a member. It had nothing to do with AFRICOG. But all that is irrelevant. Any Kenyan and not just Uhuruto lawyers have a right and obligation to raise concerns with the ICC regarding the Kenyan case. Let Uhuru and Ruto accept that and move on.

        The 14 judges made their ruling and it is pretty much final. Now lets get on with the trial. Shall we. What is the panic all about?

      • The dumb and dumber show is on again:

        http://standardmedia.co.ke/?articleID=2000094453&story_title=outrage-over-icc-call-for-deputy-president-william-ruto-replacement&pageNo=1

        The jubilee mob seems to be taken aback by the statement of the OTP to the effect that it is the business of Ruto and the Kenya government to figure out how the office of the DPORK will function when Ruto is facing his trial at The Hague on crimes against humanity. That is just common sense.

        Now the lunatics are screaming that the ICC wants to hold a coup in Kenya. Rubbish. Stupidity must have limits. I have said that a million times. It is good for human beings and for society.

        The deal is that Ruto faces a trial at The Hague and as the OTP said, he is not there voluntarily but by the force of summons issued against him. Ruto has also gone through a Confirmation Hearing and was it was established that there is sufficient evidence for him to be indicted to face trial. Those are the facts and the trial must be carried out in accordance with the Rome Statute and not the political wishes of any government.

        The logic of all this is that Ruto will be at The Hague for a long time and could very well end up in jail there for decades. If that makes it hard for the Kenyan government to function, they have to work it out. The ICC cannot work it out for them. ICC should not interfere with the politics of Kenya and the Kenyan politcal interests of Ruto and Uhuru cannot be used to manipulate and distort the functioning of the ICC. It cuts both ways.

        Uhuru and Ruto need to hold massive and relentless prayers that the Appeal court accepts the ridiculous ruling by Trial Chamber V(a) that the accused persons can skip the trials. That ruling is against the Rome Statute Article 63(1) which states that all accused persons must attend trials. If the Appeal chamber sticks with the Rome Statute things will get very rough for Uhuru and Ruto.

        Often we hear oh these fellas were elected even though Kenyans knew they faced trials and therefore they should be given special privilleges. Nonsense. Bashir was indicted when he was already head of state. Should that indictment be changed if Uhuru and Ruto are given special favours? That is one of the issues the ICC judges have to deal with. Bottom line. Uhuru and Ruto told Kenyans they will govern by skype when at the ICC trials. Those who believed them must be ready for a skype government. And please leave Al Shabaab out of this. They did not feature in the presidential campaigns.

  3. Museveni claims ICC insincere, alleges plot to lock up Kenyatta

    Uganda President Yoweri Museveni has sensationally claimed that there is a plot to detain President Uhuru Kenyatta at The Hague when his trial begins on July 9.

    President Museveni is said to have told heads of state from East and Horn of Africa meeting under the umbrella of the Inter-Governmental Authority on Development (Igad) on Friday night that the International Criminal Court (ICC) was not sincere in its dealings on the Kenyan case.

    “ICC should tell us if they plan to detain [Mr] Kenyatta. They should give us an explanation if he is going to come back to Kenya because the information we are receiving is different,” Mr Museveni was quoted as saying in Addis Ababa, Ethiopia.

    The source, who could not be named for protocol reasons, said Mr Museveni added: “We will not agree to have him attend if the intention is to detain him. If we don’t have a clear picture of the plans by the International Court, then it means our relations with them will be soured. They should treat us with dignity.”

    The Igad heads of state also challenged the ICC to give a comprehensive report on the schedule of President Kenyatta’s trial.

    It was not immediately clear why Mr Museveni made the claims, especially because President Kenyatta and his Deputy William Ruto, who are accused of crimes against humanity over the 2007/8 post-election violence, have been co-operating with the ICC since they were indicted in 2011. President Kenyatta took office on April 9 and, among other things, promised to respect international laws and clear his name in court.

    Mr Ruto travelled to The Hague two weeks ago for a meeting with the judges, of his own volition, and pledged to co-operate with the court. He successfully petitioned the court to move his trial from May 28 to a new date yet to be set.

    Under the ICC rules, Mr Kenyatta, Mr Ruto and radio presenter Joshua Sang can only be detained if the prosecutor applies for an arrest warrant on the grounds that they had breached the conditions that allowed them to attend trial as free men. These include interfering with witnesses, refusing to co-operate with the court, inciting people to violence and committing further crimes against humanity.

    Mr Museveni is behind the push by African Union heads of state to ask the ICC to drop the Kenya cases. A council of foreign ministers voted on Thursday for the case to be brought back to Kenya or the charges be investigated afresh. Only Botswana opposed the resolution.

    “We are asking the ICC to stop the prosecution of the two Kenyan principals, if not then they should re-investigate the cases because there are a lot of falsehoods that led to the prosecution of these individuals,” said Mr Sam Kutesa, Uganda’s Foreign Affairs minister.

    Zambia President Michael Sata told journalists at the African Union headquarters on Friday evening that Africa should learn to deal with her problems.

    Challenged Kenyans

    “Where was The Hague when Africa was fighting for Independence? If you find a Kenyan or Zambian president at fault, let the Kenyan or Zambian people deal with him, not The Hague,” said Mr Sata.

    He challenged Kenyans to solve their own problems.

    “You Kenyan people, if you kill each other at home, then get justice at home. Don’t rush to find it at The Hague in Netherlands, deal with your issues the Kenyan way,” he added.

    AU Commission chairperson Dr Nkosazana Dlamini Zuma also supported Africa’s bid to solve its own problems.

    “When we talk about African solutions for African problems, it’s because we know how the guns can be silenced,” Dr Zuma told journalists on Saturday.

    African Union heads of state were yet to vote on the resolution by the time we went to press.

    “We are doing it for one of the African countries, for the people of Kenya. How do they expect a sitting president to run the country from a cell in a foreign country? We shall not allow this. The report from ICC has to be very clear on what they plan to do with the Kenyan president.”

    http://www.nation.co.ke/News/Museveni-warns-of-plot-to-detain-Uhuru/-/1056/1863014/-/g5w5rhz/-/index.html

    • Machakos senator Muthama tells off Uganda President Museveni over ICC remarks

      By Daniel Nzia

      Machakos, Kenya: Uganda President Yoweri Musevani found himself on the receiving end when a Senator attacked him over his involvement in the country’s internal affairs.

      Machakos County senator Johnstone Muthama told Museveni off over his claims that there is a plot to detain President Uhuru Kenyatta at The Hague when his trial begins on July 9.

      “Nobody should come here and dictate us on what to do. If Museveni has afriend here, then he should come and pick them and they go together,” said Muthama.

      President Museveni was quoted claiming there is a plot to detain President Kenyatta at The Hague.

      The fiery Machakos Senator reminded the Ugandan president that he “chased” the former president Idi Amin on charges that he had killed Ugandans.

      “Those who participated in the mass killing of Kenyans during the 2007/08 post election violence must face the law at The Hague,” charged Muthama in an apparent reference to President Kenyatta and his Deputy William Ruto.

      Muthama said it is not the country which is at trial at The Hague over crime charges against humanity but Uhuru and Ruto.

      He recalled how the two and others asked him to mobilize MPs in the 10th parliament as the Chief Government Whip to vote that those facing crimes against humanity over the post election violence be tried at The Hague.

      “The two tasked me to mobilize MPs to have the ICC cases tried at The Hague. They are now using millions of tax payers’ money in shuttle diplomacy missions which the former VP Kalonzo Musyoka engaged in vain,” added Muthama.

      Ironically on Saturday, Kalonzo cautioned against plans by African leaders to stop co-operation with the International Criminal Court (ICC) saying the move will turn African countries into dictatorships.

      Ruto has since visited Congo Brazzavile, Nigeria, Gabon, and Ghana to lobby support for an African Union resolution endorsing the East African region’s request for a referral of ICC investigations and

      http://standardmedia.co.ke/?articleID=2000084530&story_title=muthama-tells-off-museveni-over-icc-remarks

  4. Heheheee!!! A Do-It-Yourself shuttle diplomacy by the Hague duo disguised as ‘official bilateral trips to strengthen ties’ to fool the gullible Kenyan taxpayer who MUST now fund the ICC cases on behalf of the duo. These cases are no longer the personal challenges of the inducted duo as they recently told us, but rather they have morphed into the personal challenges of the nation Kenya as a whole.

    I think some brave Kenyan will need to start an impeachment process against the president and his deputy. What they are now doing with the country is the height of impunity. The president and his deputy are globetrotting to save their asses from ICC at the expense of the taxpayer!

    Deputy President William Ruto starts tour of four African countries to strengthen ties

    By DPPS

    Deputy President William Ruto left the country Thursday morning for an official bilateral trip to four African countries. He will visit, Congo, Gabon, Nigeria and Algeria.

    The trip is a follow-up to an invitation by leaders of the countries to President Uhuru during his inauguration. The Deputy President is representing the President on the official engagements. This follows the emphasis by the government and President Uhuru that the next frontier of the country’s partnership is the African continent. “We believe with strategic leadership we have in the region, Kenya needs to establish a partnership with countries in the South, West, North and Central Africa,” said Ruto.

    http://www.standardmedia.co.ke/?articleID=2000083765&story_title=ruto-starts-tour-of-four-african-countries-to-strengthen-ties

    • The flurry of shuttle diplomacy of late by our conjoined twin presidents has all along been about their personal challenge, the ICC and not about ‘official bilateral trips to strengthen ties’ from which Kenya as a country can benefit.

      Are we really ready as a nation to foot the ICC bills on behalf of these two warlords? What are these two amigos afraid of? Have they not told us for the umpteenth time that they are innocent of any of the 2007/8 PEV crimes? And do they seriously believe that the AU can save them from the jaws of ICC the hippo? We shall see!

      Nooo! This is all about pan-Africanism that I’m told was promised in the Jubilee Coalition’s manifesto by the duo. But can somebody who has read that manifesto please kindly point me to the exact chapter and page where this pledge was made? Uhuruto & pan-Africanism, my foot! What a mismatch! Something is clearly not right here

      KTN Prime: Kenya seeks to pull out of the ICC

      Diplomats are due to discuss yet another document seeking to have Kenyans cases at the ICC withdrawn. KTN has learnt that diplomats from Kenya and other East African countries are seeking to secure an African Union resolution urging for the termination or suspension of the cases facing president Uhuru Kenyatta, his deputy William Ruto and radio journalist Joshua arap Sang. Kenyan delegates insist the decisions have been pending before the AU for a while and that this is not a new effort.

      President Uhuru Kenyatta travels to Ethiopia for African Union summit

      By PPS

      Nairobi, Kenya: President Uhuru Kenyatta travels to Addis Ababa Ethiopia today to attend the Assembly of the African Union (AU) Heads of State and Government.

      President Uhuru will be one of the speakers and is expected to reflect on Kenya’s achievements and national programmes in his inaugural speech.

      On his way to Addis Ababa, the Head of State will have a brief stop-over in Juba for a meeting with the Southern Sudan counterpart President Salva Kiir.

      The AU summit coincides with the Golden Jubilee celebrations of the OAU-AU.

      During the AU Jubilee celebrations, member states will take stock of the past fifty years, acknowledge the contribution of the founding fathers of OAU towards pan- Africanism and reflect on the Africa of today and the future.

      The President is accompanied by Foreign Affairs Cabinet Secretary Amina Mohamed and other senior government officials in the five day visit.

      http://www.standardmedia.co.ke/?articleID=2000084253&story_title=uhuru-to-attend-au-summit-in-ethiopia

      • einstein,

        This is really the “elephant in the tent” that Uhuru was told about during the campaign debate. The indicted suspects keep preaching about how useless the case is and how it is falling apart but inside they are shaking like little cats cornered in an alleyway. Why? They know their crimes more than anybody else and they know what awaits them at the ICC. So what to do! They want to hang the country and hand it to the dogs as they skip (Not skype) the trial and even for that they are scared shitless. They have no guts to do the bashir move so they want to hide behind so called AU resolutions with the help of their fellow thugs in East Africa like Museveni.

        Here are the problems:.

        1. AU has no standing on ICC matters. AU is a foreign body to the ICC. AU does not sign the Rome Statute to send countries to the ICC. Every country does that on their own. Whatever resolutions the AU may pass will be irrelevant to the ICC. Kibaki tried to get the AU to do this before and even then it fell off the radar. Let them pass their useless resolution.

        2. Every country must individually remove itself from being party to the Rome Statute. Uhuru must do that by himself and if he needs Ruto to hold his hand while doing that, he can go ahead.

        3. Even if Uhuru was to pull Kenya out of the ICC, their cases still goes on because under the statute cases already started continue even if the individual countries pull out of the ICC. That means Uhuru and Ruto will still be expected to go face the trial and if they fail to do so arrest warrants will be issued against them and they then become international fugitives and that is when all hell break loose.

        4.Once Uhuru and Ruto become international fugitives and put the country at risk for sanctions, international isolation and economic turmoil the trouble on the ground will be deadly for the indicted chaps. They will survive for a while but they will be toast politically.

        5.Other countries who do not have their leaders already facing charges before the ICC will not have that problem. These chaps are playing with fire and they are hardly two months in office. We warned them so they can’t blame us.

        6. We live in a country that has been run by the most dangerous criminals for the last 50 years. Talk about the Jubilee of criminality. Look at the TJRC report which was not prepared by the ICC. Our presidents have been thieves, murderers, land grabbers and mass killers. They have done so very safely for 50 years and the new boys are wondering what happened to stop the gravy train of murder and mayhem for them in State House.

        They have been part of the killing machine for years and nothing ever happened, why now. Uhuru can see his father turning in rage in his tomb wondering why presidents are not allowed to be killers any more. Uhuru and Ruto are at a loss. They thought once they entered State House everything will wiped out and that is not happening. It is traumatic for them but they forget the trauma of those murdered in cold blood. When I hear these indicted chaps say they need more time to prepare I wonder why the prosecution does not tell them, those who were killed in cold blood were not given even one more day before their heads were cut off. Oh give me one more to eat my goat then come and kill me tomorrow! Naah. Head off.

      • And the circus goes on.

        http://www.nation.co.ke/News/africa/-/1066/1861852/-/15c8drbz/-/index.html

        Uhuru and Ruto are having some misguided hopes that the AU can help deffer the cases back to Kenya. I know desperation has its own dynamics but the foolishness is mindboggling. Kenya has been promising to take over the cases for over three years now. As it is nothing stops Uhuru and Ruto from being investigated, arrested and charged in Kenya. That will end the cases being at the ICC.

        And what have they done. Nothing apart from now clinging to State House as a license to be a mass murderer. Of couse it has always been and that is how we ended up with the ICC. By now Kenya would be taking its case to the ICC telling them what they have do this far.

        The AU desperado move is just plain nonsense. Look at the track record of the AU on these things and you have to be mad to hang any hopes on them.

        Not long ago when smart money was to get Gbagbo to stop the mayhem in his country after a faulty election and there were many calls on Gbagbo to quit office and live safely wherever he wanted, the AU in one their meetings in Addis told Gbagbo to stay put as the duly elected.

        In the end a bunch of soldiers grabbed Gbagbo and his wife Simone. kicked them around and handed them over to the government which in short order shipped them to The Hague. As we speak poor Gbagbo is in a jail cell down there and will most likely spend the rest of his life there. If he had listened to reasonable voices he would probably be a university lecturer in his own country or somewhere else. That is what he did for a living before. So it is the arrogance of the AU and Gbagbo’s foolishness that sent him to his present misery.

        Next we have Gaddafi. He was besieged after the fall of Bangazi and was begged by the whole world to give up power peacefully and go live wherever he wants with his billions. The AU told him not to move. They told him he was the king and should not worry. Gaddafi started running arounf Tripoli like a mad man yelling “The people love me, The people love me”

        Well it turns out the people loved him so much that when they caught him hiding in a sewage pipe they beat him thoroughly and put a knife through his ass literally. He died in infamy. That is what the AU can does to its heroes. They can mislead you to your death very fast if you are foolish enough to trust their hot air.

        When we see Uhuru and Ruto clutching on to the AU those who really care for them need to be very frightened. You are allowed to clutch on straws but never clutch a python when you are drowning in deep sea. The damn will swallow you and swim with you full and satisified for weeks. How does that help you.

        Uhuru and Ruto know if they were smart as they claim, they would have gone the local tribunal way when that option was on the table. But they were smarter. They said the ICC will take 90 years and went with that sweet option. Well the 90 years are up and now clinging on to these dead end options is all they have left.

        Let them do what they know is their only option. Abscond and face the citizenry with that option. It has its consequences on the ground, forget the West. Alternatively, just go to The Hague and clear your names as you promised. What seems to be the problem now? These indictees need to accept the reality of the ICC and move ON. It is what it is.

      • Adongo,

        Yeah, a Do-It-Yourself shuttle diplomacy by the conjoined twin Kenyan presidents at the expense of the Kenyan taxpayer for a personal challenge facing the duo! Did we not see it coming?

        African leaders to vote on Uhuru, Ruto ICC cases Saturday

        A resolution calling on African countries to petition ICC to drop charges against President Kenyatta and his deputy is to be tabled before African Union Heads of State Saturday morning.

        The resolution agreed upon and prepared by African foreign affairs ministers, also seeks to have African countries pull out of ICC if it continues with President Kenyatta and Deputy President William Ruto’s cases.

        Uganda’s Foreign Affairs Minister Sam Kutesa is leading the delegation to present the resolution.

        “We are asking the ICC to stop the prosecution of the two Kenyan principals or they re-investigate the cases because they are a lot of falsehoods,” Mr Kutesa said in Addis Ababa, Ethiopia Friday.

        “We will present our resolution to the Heads of State for them to decide,” he added.

        Among the proposals is a call to have the two cases returned to Kenya.

        Foreign Affairs Cabinet Secretary Amina Mohammed Friday declined to comment on the withdrawal.

        “We are not talking about withdrawal, rather we are discussing the relation between Africa and ICC,” she told journalists at the African Union headquarters.

        The ministers on Thursday discussed the consequences African countries would face if they do not intervene, especially on the Kenyan cases.

        The Heads of State will make a decision on whether to pull out, petition ICC to re-investigate the cases or have them returned to Kenya.

        The resolution comes a day after a Kenyan delegation failed to get the UN Security Council to stop the two cases.

        Western nations on the 15-member council told Kenyan diplomats at a private meeting that the two leaders and radio presenter Joshua arap Sang must face the court, diplomats told journalists after the meeting in New York.

        The US and EU countries, the envoys said, opposed the move but China and Russia were sympathetic to the request. Rwanda, Morocco and Pakistan were also more receptive to the Kenya’s request. None of the countries in the second group are ICC members.

        “There was a very firm response from ICC member States and the US that they must take their case to the court,” said one diplomat, speaking on condition of anonymity.

        Kenya’s Ambassador to the UN Macharia Kamau hinged the request on the premise that the Security Council has “some measure of political oversight” regarding the functioning of the ICC.

        However, the council made it clear that it did not intend to take any action on the cases.

        Mr Kenyatta, Mr Ruto and Mr Sang are facing crimes against humanity charges over 2007/08 post election violence, which claimed more than 1,100 lives. They have denied the charges.

        The trial of Kenyatta is currently scheduled to start in July. He has vowed to cooperate with the court.

        Additional reporting by AFP

        http://www.nation.co.ke/News/politics/African-leaders-to-vote-on-Uhuru-Ruto-ICC-cases-Saturday/-/1064/1862134/-/6hyjou/-/index.html

  5. Ruto seeks trial via video link if coalition wins General Election

    Updated Sunday, March 03 2013 at 00:00 GMT+3
    By Felix Olick

    KENYA: Jubilee deputy presidential candidate William Ruto has said they are seeking to follow proceedings of their trials at The Hague via video link from Kenya.

    Mr Ruto said depending on the outcome of tomorrow’s election Deputy Prime Minister Uhuru Kenyatta might be elected to form the next Government.

    He has appealed to Trial Chamber V Judges to balance between his would be roles and his duties to the court if Jubilee wins elections.

    “Depending on the outcome of Monday’s elections, or their subsequent ‘run-off’, Mr Ruto may become the Deputy President of Kenya,” the application reads in part.

    “It is reasonable to seek to have some balance between such obligations and his duties to this court, duties that it is important to note he has consistently observed and will continue to do so,” he adds in the joint application with radio journalist Joshua arap Sang.

    On February 14, Uhuru and Ruto attended a Status Conference at The Hague via video link from the United Nations offices in Nairobi.

    During the conference, their defence counsels asked the judges to allow the two attend their trials through video link.

    However, the three-Judge bench led by Presiding Judge Kuniko Ozaki ordered the suspects file full written submissions including the legal basis and practical modalities of attending the trials through video link.

    In his application dated February 28, Ruto maintained it would be reasonable for the court to take a flexible view involving officials or politicians in high office whose absence from their duties is likely to pose challenges.

    Giving the example of Sudanese President Omar Al-Bashir, Ruto said the case could present a similar problem, should Bashir ever submit himself to the court.

    “Both Mr Ruto and Mr Kenyatta have held and/or seek to hold high public office.

    Uhuru also argued his presence at the trial via video link satisfies the requirements of the Rome Statute.

    http://www.standardmedia.co.ke/?articleID=2000078546&story_title=Kenya-Ruto-seeks-trial-via-video-link-if-coalition-wins-General-Election

    • hehehehehehe

      This is terrible news for William Ruto

      http://www.nation.co.ke/News/ICC-drops-charges-against-Muthaura/-/1056/1717040/-/b0majlz/-/index.html

      Muthaura has escaped the noose so to speak. This has two immediate implications. Uhuru may have better hope that he might escape. We will see the evidence against him but expect his lawyers to try to get his case back to the PTC. I don’t think that will happen and in fact getting rid of the Muthaura case altogether without having to take him back to the PTC makes things worse for Uhuru because now the PTC option is probably closed. The case will go to trial as expected in July. So there is your president heading to The Hague. Also by this action, OTP has made it rather clear that they have faith in the evidence they have against Uhuru. If they don’t they would invite the wrath of the judges something no prosecutor would want. So Uhuru should prepare himself for the trial.

      As for Ruto his worst nightmare is just beginning. If Uhuru was to ever get a break from The Hague with only Ruto and Sang left, you can rest assured that the state will withdraw any interest whatsoever from the case. In any event the evidence against Ruto was provided by the same guys just like Sang told him the other day.

      If Ruto ends up alone at The Hague he will be on his own and Uhuru will safely sequester himself at State House and get a new DPORK. Even Kuttuny tosha.

      Wouldn’t that be something. Imagine Ruto rotting at The Hague and Uhuru chilling at State House. Ruto’s movie could turn into a horror movie very quickly. The gema oligarchy will not risk a war with the international community and with Kenyans to save Ruto, a man who until he knelt before them was known as Kabuga. So mark May 28, 2013 in your calender. Ruto is going to tie himself under Uhuru’s bed and beg not to be taken to The Hague. I hear Ruto was crying in some church. He need to spare a few more tears for May 28, 2013. He is going to need them in buckets.

      I think now we can see very clearly why this election had to be rigged by every means necessary. With Muthaura safe Kibaki can breathe easy. It seems to me that Bensouda has factored in the fact that with State House under the control of the same elements getting any further evidence against Muthaura will be impossible. As for poor Ruto he is a dead man walking.

      The one thing I find refreshing about Bensouda is that she is really focused in getting convictions than just having drama. Ocampo was a little reckless sometimes. Bensouda is going to give Uhuru and Ruto a run for their money. These cases are going to go on unless the two amigos bolt and as of right now, it is Ruto ass that gets on the line first. That is his date with destiny and there will be no Raila to cry about at The Hague. Just hard cold evidence. Kenyans need to know what exactly happened so we can close that chapter and get moving. We have a milion other things to do and it is time to handle this mass murder and rape once and for all.

      • This is what I was talking about above.

        http://www.standardmedia.co.ke/?articleID=2000079120&story_title=Kenya-Uhuru-says-his-ICC-case-cannot-stand-without-Muthaura’s

        Uhuru’s defense team will try very hard to tie Uhuru’s fate to that of Muthaura and now that Muthaura is off the hook completely, that is going to be the argument from Uhuru’s team.

        They are going to have to do better than this. Their argument here is fake. The OTP has not withdrawn Muthaura’s case because he was not involved. That is not the argument. They have withdrawn the case because there is a witness (the only who claims to have seen Muthaura) who has admitted to the OTP that he was bribed and accepted the money and then changed his story. (In fact the OTP has said the witness provided evidence of the bribe namely financial records) OTP now considers his evidence as unreliable. That does not mean that Muthaura was not part of the common plan. Certainly that is not the argument from the OTP.

        Uhuru’s team would have to show that the same witness lied against Uhuru too and that there is no other witness(es) who has linked Uhuru to the crimes that were committed. We will see what the Trial Judges rule but Lubanga was convicted by himself and yet he was alleged to have been working with others whom the court could not bring to court.

        The OTP has no obligation to try everybody who was part of the killing plan. They can only try those against whom they have solid evidence. The State House killing machine eliminated many witnesses but may be they did not eliminate all of them. In fact that is a sledge hammer argument by Bensouda. She has made it very clear that some witnesses in the Uhuru Muthaura case were eliminated. It is hard to convince the court that those who did the elimination should benefit from the same. That is why as long us the OTP has evidence to link Uhuru to the crimes the court is going to order that the trial goes on. Let Uhuru face the evidence against him in court.

        Personally I think the OTP made a smart move to drop Muthaura’s case. It was going to be a drag on the whole process. Now they have clear cut cases where they say they have evidence. The judges are going to give them a chance to prove their cases in court.

      • adongo

        are you suggesting that now ruto has escorted uhuru to state house, his usefulness is about to expire?

        anyway on a serious note

        fatouma appears to be doing due diligence with the cases.

        for sure uhuru will attend the hague via skype rather than govern kenya via skype. and that will be setup right inside state house. it will be an event marked by the state house comptroller just like a cabinet meeting, no biggie

        still not sure who will be footing the bill for lawyers, but am guessing by voter turnout, its the tax payer

        we will let ruto’s case unfold and discover what lies (no pun intended) ahead.

        i think the honeymoon can go on for just a while longer.

      • tnk,

        This thing is getting a little more messy for Ruto than for Uhuru. That is what I am trying to say.

        First Ruto is required there on May 28, 2013. If the SC nullifies the election results which is very likely that will be before the next polls depending on what transpires at the SC. There are no complications about Ruto’s case at the ICC. It pretty straight forward and settled. He has to go. And remember these are the people who started the war so if come to it the OTP can just take Ruto and bury him and get over with the Kenyan case. If that were to happen Uhuru will not save him. That is not what Ruto joined Uhuru for. We know that.

        Now, if the SC rules for a run-off then it takes place in 30 days from the date of the ruling. If they rule for a new election it takes 60 days. By tomorrow I will have a better grasp at the FACTS in the hands of CORD. But the case looks very good. So let’s leave that there for now.

        If the SC let’s Uhuru slide then Uhuru goes to State House and barely a month later Ruto has to report to The Hague. Trust me there will be endless night meetings to find a solution but the oligarchy will let Uhuru buy time by letting Ruto go and Ruto will not be very happy about that since he (Ruto) actually knows the evidence the OTP has against him. If Ruto knows the OTP has the real thing he is going to tell Uhuru he is not going. But you and me know the oligarchy will not burn all the bridges for some guy named William Ruto so he will have to take his ass there crying and all.

        Secondly, if god forbid Uhuru gets a break and has his case taken back to the PTC, he will take his time and Kenyans will watch Ruto face the meltdown at The Hague with evidence mainly from the state apparatus who wanted Ruto roasted if not just dead like Kones.

        Third if Uhuru’s case goes ahead and he is required to join Ruto on July 9, 2013 then it will be high voltage decision by the oligarchy. If they pull out of the ICC to save Uhuru, Ruto who will already be in The Hague will be screwed royally. They will keep him under a tight watch or have him locked up since his boss will be having an arrest warrant. Uhuru doesn’t pay me to go through such headache so let his paid “brains” figure that out.

        In my view this is not a matter of Uhuru saying Ruto has delivered the vote for him so screw him, on the contrary I think those guys are good friends. But if circumstances create a situation where the oligarchy has to decide whether to save Uhuru or Ruto they will throw Ruto to the wolves without a second thought. And right now the ICC scenario is very bad for Ruto. He will have to deal with it and in this case Uhuru cannot help him and crying about Raila is useless at this point. That was for election lies, this is the real deal.

        Whichever way you look at this thing, there is no honeymoon for the Hague pair. It is hard for them to figure out whether to laugh or cry. For us everything is a day’s work. We are cool with that. No big deal.

      • adongo

        if uhuru walks and ruto gets canned, that would be a cruel twist of fate

        am still a little puzzled at the way fatouma is handling these two cases.

        throwing out muthaura’s case certainly has its implications.

        she has repeatedly mentioned witness interference, intimidation etc but have not seen any response so far

        with uhuruto presidency this can only get worse. i just dont quite see where this is headed.

    • ICC nightmare has refused to go away and now the Uhuru babysitters at State House are on to a new move:

      http://www.nation.co.ke/News/politics/Kenya-asks-UN-to-end-Uhuru-Ruto-ICC-trial-/-/1064/1846986/-/item/0/-/kw3igg/-/index.html

      Contrary to the myths peddled by Uhuru and Ruto to their supporters about the nonsense that the ICC case would fall apart and disappear once they are enter State House the reality keeps sinking in. The cases are on and Kenya will have the dubious distinction of being the first country ever where a sitting president will be at the dock facing charges of crimes against humanity. Of course the only readily available alternative is for Uhuru to make himself an international fugitive and dig a hole in the middle of State House.

      Ironically Ruto is claiming he is not party to the move by the government to have the UNSC intervene to save their butts.

      http://www.nation.co.ke/News/politics/Ruto-disowns-bid-to-stop-ICC-cases/-/1064/1847692/-/us85v0z/-/index.html

      Now here are a few basic facts.

      1. The UNSC cannot order the ICC to terminate any case. The UNSC can only ask for a deferral. So whoever wrote the letter is fairly ignorant. As it is the UNSC just needs to inform Kenya that what they are asking for is outside the jurisdiction of the UNSC. In any event the UNSC will just remind the sneaky chaps that the UN did not take the Kenyan case to the ICC. The Kenyan government took the case to the ICC and signed a deal with them. ICC did not come to Kenya. We went to the ICC.

      2. The UNSC does not usually act on orders from countries. Even the US could not bully them on Syria. UNSC works through votes from the member states. The Kenya government can only take its case to the 15 member UNSC to discuss and the first step to do that is to get a couple of member countries of the UNSC to take up their case and plead with other members to support. Kenya failed to do that last time around. No country took the matter to the UNSC.

      The short end of this is that for any issue to be put before the UNSC for discussion it has to get the preliminary support of 9 of the 15 member states. That is where the veto power starts. Countries like US, Britain, etc with veto powers usually start by persuading the member states not to even bring the issue for debate because usually they wanto to avoid using the sledge hammer (veto power) unless they have to. That is a nuclear weapon.

      That is why the issue of making Palestine a member of the UN was not even brought to the UNSC because the US and its allies just lobbied member states of the UNSC to keep the matter out. In the end the matter was taken to the UN General Assembly. So the Uhuru babysitters should not worry about insulting the ICC as if that would make any difference. The first job is to lobby for support from UNSC members and you do that through diplomacy and not by crude and rude letters.

      3. There is tremendous panic behind the scenes with this Uhuruto mess at State House. Outside there is all the chest thumping and parades but inside these chaps are burning. They cannot believe that the ICC will ruin the whole party and turn everything into smoke and they can see the light at the end of the tunnel as the big train speeds towards them. The terror and horror Uhuru and Ruto face when the lights and party time are off is beyond anybody’s comprehension.

      4. The bottom line is that Uhuru for sure is not going to the Hague. All the porojo about the case being a walk over with no evidence is just crap to feed the crowd into buying more snake oil. When the curtains for the theatre acts to fool the crowd fall reality stares the amigos in the face.

      Ruto has the nightmare that his case may start before Uhuru’s case. If that happens the big boys at State House will let Ruto go but when Uhuru’s time comes they will allow Uhuru to cut loose and go the pariah state route. I can see why Ruto wants his case moved to November. Ruto needs Uhuru to go first and if he is going to get the permision of the oligarchy to take the country to hell and save himself then both will benefit. The thing to remember here is that teh decision to plunge Kenya into a pariah state will not be Uhuru’s to make. That is a decision that only the shetanis behind the throne can make and they know the consequences may be very grave upto and including the collapse of the country in all aspects.

      Sooner than later Kenyans will have to deal with the reality that we have entered a dangerous and very unpredictable territory. This tik tok is real.

      • adongo

        the progression of this case will take a predictable trajectory

        first is this flurry of activity

        next will be suppression of any support (as more witnesses fall of the radar)

        next will be banning of any type of discussion

        and finally hostile action against anyone even daring to mention the topic.

        what i dont know is whether the OTP can sustain the prosecution when so many witnesses fall off the list whether they recant or just simply vanish

        these next 5 years will be quite interesting

      • tnk,

        The reason the ICC scares big boys to death is the relentless way it moves. It is pretty much unstoppable until you do a Bashir and condemn yourself to the life of an international fugitive.

        Uhuru and Ruto convinced some of their more fanatic supporters that as soon as they enter State House the cases will be thrown out. Instead the wheels just keep moving. Uhuru’s case just got tightened up with additions on the modes used to murder Kenyans in Naivasha. Witness 4 falls of the wagon and we are told the case is dead and the next thing it is all systems go.

        The defense on this case has been built on lies and utter nonsense. Oh Raila is taking us to The Hague. Oh the the West want to get rid of Uhuru and Ruto. Oh Ocampo was sent by Obama. That kind of snake oil may sell to some gullible people in Kenya but it wears off when reality comes in.

        Now we have the ridiculous letter to the UNSC in which the shetanis have shot themselves several times in the knee. Ruto doesn’t know about the letter and Uhuru probably doesn’t know about the letter which begs the question – who teh heck is running the damn country?

        My sense is that the old Kenya of Moi will not come back. The two Moi boys cannot revive the old ghost of government by kifua. There only choice is to go the pariah state route but the consequences are so immense that even Kibaki couldn’t pull it off. If Uhuru has guts let him try it and see for himself what happens.

        When I see the rudeness and stupidity going on in parliament and the media with all the chest thumping it is obvious the Jubilee folks have not absorbed the magnitude of the dilemma they face. When the ICC strikes and Uhuru and Ruto are at The Hague or Kenya goes the pariah route and becomes a basket case headed to hell in a hurry, everything is going to fall of the chains. Jubilee will be like a snake with its head cut off. That is not a very comfortable position to be in. Sadly enough nobody is preparing for that inevitable nightmare. It is coming.

        In that letter to the UNSC the powers that be have now made it very clear that all that talk about referral to have the cases brought back to Kenya was a pile of lies.

        Can you imagine now after the UNSC rejects their porojo the Kenya government coming back and saying oh, just bring the cases back to Kenya and we will deal with it. Bensouda just needs to bring up a copy of that letter. The shetanis are telling the world that there will be more murder, rapes and mayhem if Uhuru and Ruto are tried for having done exactly the same thing.

        How can a government which is supposed to protect its citizens claim that they are aware of plots for mass murder and rape of its citizens by some people to protect two individuals and they can’t do anything about it. And you take this kind of stupidity to the UNSC! Keep this kind of filthy politics within the boundaries of the republic as you lie to the citizens. Kenya just made itself a laughing stock in the international community with this kind of foolishness.

        And who exactly are these monsters planning mass murder and chaos in Kenya? Are they the same Uhuru and Ruto or is it their generals and field commanders? I mean Uhuru and Ruto are yelling how they are so innocent and never planned the mass murders of 2007/8 and now the world is being warned that if they are ever taken to trial Kenyans will be killed in countless numbers. Is this a confession? And should those mass murders and chaos erupt as scheduled should there be new charges on Uhuru and Ruto? Just how dumb can people be?

        I think this letter should be a subject of discussion in parliament. This is a matter of national security. The entire country is being threatened. We need the evidence of these planned murders availed to the nation. But of course the sheepish media just swallows the story and doesn’t ask questions.

        And they think the UNSC can start a war with the ICC for Uhuru and Ruto. Let Uhuru and Ruto go to the trial and bring the violence. What happened to the moving on theory? heheheheheheehehe. Kenya will move on even if Uhuru and Ruto are convicted and locked up for 50 years. It they want to do the pariah state gig, sawa. Bring it on. We keep telling them this is a war of attrition and they don’t get it. They will.

        Keep one thing in mind. Uhuru will have no final word on doing the pariah state move. The mashetanis have that docket and they fear the consequences. They are rich people. They are not lunatics who will say ok let’s starve to death so that we keep our muthamaki safe. Uhuru is between a rock and high sea. He might have to settle for whatever poison is availed to him come the day of reckoning. There is always a prize for the little favours you get from the devils.

      • Oh dear.

        It looks like everybody is now running away from the stupid letter to the UNSC. Even Uhuru wants to deny he was party to the threats they issued about Kenyans being killed like goats if the two amigos are ever brought to trial. These guys have been telling Kenyans how they are ready to cooperate and “clear their names” and now they see what we told them, namely that nobody can run the country from The Hague and they are freaking out. The Hague is what it is. A nightmare of biblical proportions.

        Here we go:

        http://www.nation.co.ke/News/politics/Mystery-of-ICC-letter-as-prosecutor-answers-Uhuru/-/1064/1848820/-/3p4dp7z/-/index.html

        Like I said above this letter has to be brought to parliament for discussion as an urgent matter on national security. We need to know who is threatening Kenyans with mass murder. And if Uhuru and Ruto don’t know about such a letter to the UNSC, no less, Kenyans need to know the ghosts running the country as the boys dance around.

        This is a collosal blunder. ICC will make you make such blunders. It is like a boil growing in your brain. You burst it, you have no brain left and you are dead. You leave it to grow and you are comatose. It is your pick.

      • adongo

        i agree with you that the juggernaut that is the ICC is a real mountain of a problem to these guys and thats why they are very nervous

        when did you ever see a head of state travel to the UK with the AG, head of NSIS, head of etc etc. it may be guised as top security officers to a regional security summit, but i dont think so, these guys are not taking any chances.

        my greatest concern is that the witnesses are dropping off real fast one by one. its a domino effect. and i bet its a result from the first witnesses that recanted. am sure all witnesses have by now been fingered and are now on very shaky ground.

        the OTP has to pull this off without a good number of key witnesses.

        that letter so far is godsend in that the OTP can use the letter to explain why witnesses are recanting and dropping out

        well lets see where this is headed, it will either fizzle to nothing or its going to be a world stopping event.

        the next few months will be telling

      • tnk & others,

        Here we go again with the letter of infamy from the meshetanis and their new boy in State House. They have tried to dodge this letter but here it comes again.

        http://www.nation.co.ke/News/politics/Envoy-to-push-for-end-to-Uhuru-Ruto-cases/-/1064/1852688/-/pjmu8jz/-/index.html

        It looks like the idea was to try to squeeze something during the one month that Togo chairs the UNSC and the bumbling characters tried to play bouncers with Bensouda when they heard she was coming to NY to meet the UNSC last week. The whole mess backfired. And they all looked like fools.

        Ruto for his part wanted to have a smooth sailing with the ICC this week and that letter wasn’t doing him any favours. Ruto desperately needs the judges to allow him to come and go during his trial and not be holed up in Netherlands within 30 km of the courtroom forever. He knows if the judges rule that he has to be at the trial as required by the law, he might as well say bye to his gig as Uhuru’s sidekick.

        For all the noise and screaming from the Uhuruto fanatics, one thing remains unchanged. Once the trials begin with the indicted suspects on the dock, State House will be a distant memory for them. You can’t fool around with some of these stuff.

        In terms of the UNSC letter, it is rubbish. Macharia can go there and make a fool of himself and the government he represents but he is going to be laughed out of town. Like I said before, the 15 member states of the UNSC hardly go into voting over contentious issues where chances of a clean vote with no veto are clear exists. That is why the US has been having nightmares with Russia in the UNSC over Syria over the last one year. Once Russia says they will veto stuff, the US will hardly ever take it to the vote because forcing Russia to veto something means they are going to do the same for them.

        The only matter that goes to the veto anytime in the UNSC are issues to do with Israel where the US will insist on the veto and the other countries would be too pissed to let it pass and therefore they force the US to use its veto power and earn the wrath of many other countries. Now with Togo and Rwanda as Uhuru’s big allies on the ICC manenos, this is a practical joke. In any event they are asking the UNSC to do what they have no powers to do at all. So this will fall off the wagon and it will be back to the grinding machine called the ICC. The next issue is for the dates and a ruling on attendance. The rest is delusional fiction. As usual.

      • adongo

        this case is such a mess for uhuruto

        so i learnt yesterday that ruto makes a “sudden” trip to the hague for the status conference

        en route to the conference he is posting regular twitter photo updates – lots of photo ops
        like i said before, the taxpayer is going to foot the costs of uhuru and ruto appearing at the hague but thats besides the point

        what pricked my ears is that ruto now explicitly states that he is a victim of falsehoods. this is an interesting line, because the people that are responsible for these “falsehoods” are the ones that propelled and put them and specifically uhuru, in power. i am looking forward to him exposing these guys from the kibaki’s OP and PA who have comfortably rolled over into uhuru’s (and now his – ruto) nest and see how this journey progresses, as evidence unravels.

        of course we cannot under-estimate the ingenuity of these two characters, but as the two cases stand, the evidence in the defense of any one case points a finger at the defense of the other case, but we have seen these guys are probably the wiliest (mutunga sit down) characters of this “digital” century.

        all these letters, even kimemia asked OTP/ICC to pay kenya etc will just be footnotes in the grand scheme of things

        am really looking forward to june 2014 (if not earlier)

      • The DN article if bizarre in listing the countries that are supposed to be favourable to Kenya’s request. What is the point of being favourable? Presumably it is cheap favour because what is requested is impossible and won’t happen. The same list of favourable were thrown around during the shuttle diplomacy which was nowhere near as dumb as the current mission, and what did they achieve?

        Memories are short. Take a look at this DN article from two years ago and just read the first paragraph alone

        http://www.nation.co.ke/News/politics/Why-Kenya-failed-to-defer-ICC-cases-at-Security-Council-/-/1064/1129160/-/6jp93iz/-/index.html

        And here is what they were very clearly told the last time when the council refused to have a formal meeting but accepted an informal meeting

        http://www.trust.org/item/?map=france-sees-un-rejecting-kenya-icc-deferral-request/

    • What happened to governance by skype?

      http://standardmedia.co.ke/?articleID=2000091569&story_title=new-fears-over-ruto-uhuru-trials-at-the-hague

      Uhuru and Ruto told Kenyans that they will cooperate with ICC and it will have no impact on running the country when we kept telling them they are dreaming and lying to Kenyans.

      Now as their date with reality approaches they are coming to terms with what many folks have been telling them.

      Ruto now desperatetly wants the court to give give shifts in his trial at two weeks a pop. We will see but it is very unlikely. The court can have shifts even of months but I doubt they can pre-program it arbitrarily for the convinence of any indicted suspects.

      Ruto got a big break when the Trial Chamber V made a ruling to allow him to only make technical appearences at the trial. OTP appealed the decision and very clelverly also asked for suspensive effect on the Trial Chamber ruling. OTP got their wish and Ruto better pray hard that the Appeal Chamber saves him because personally I think the ruling to allow Ruto to skip the trial is completely inconsistent with the Rome Statute which requires indicted suspects to be at the trial. Suspects can be allowed to attend to medical emergencies etc but the blanket deal Ruto got was outside the bounds of the Rome Statute and there is a very high chance the Appeal Chamber will reject it.

      In the full scheme of things what we see are preparations for the accused individuals to abscond claiming the ICC is not allowing them to hold office by insisting they be at the trial throughout it s duration. It was the same Uhuru and Ruto who kept yelling that the ICC should keep out of Kenya politics. Now they want to drag ICC right into their own politics.

      • Adongo,

        People that that if they get into power then the court and the world will bow to them. That is why they have been running around an the UN, the AU, and so son. The only thing they have achieved is alienate many and the ICC train has bit slowed down or budged an inch from the tracks. People now want to talk about a constitutional crisis. Did anyone think of the situation before? When they were told choices have consequences, did anyone think of what consequences are possible?

        90 years is now over, people need to accept that and move on to the trials.

      • john,

        What we see here is the dress rehearsal to abscond and turn Kenya into a pariah state.

        The hammer falls on Sept. 10, 2013 when Ruto is supposed to be in court facing the charges against him. This will be a big dilemma. If they want to abscond they have to do it then. I will not be surprised if the owners of the ruling oligarchy may want Ruto to go and make it look like the cooperation is happening and then when Uhuru’s turn comes he refuses to go on the grounds that he cannot leave the country and join his deputy and partner in crimes against humanity.

        Ruto will therefore insist that if they are absconding they do it now so that he does not put himself at risk of simply being locked up once Uhuru absconds and Kenya ceases to cooperate with the ICC.

        With all the advice from the Uhuru groupies there is one thing they just can’t figure out. How does muthamaki run the country while holed up at the Hague with his deputy? Nobody can come up with any sensible solution to that nightmare simply because there is actually no solution. The propaganda that the ICC case was just a gimmick from the West which will be abandoned once Uhuru grabs State House may have worked in fooling some Kenyans but one of the worst things with propaganda is when those who peddle them actually begin to believe them. You are not supposed to eat your own crap. Let others eat it for you.

        As it is Uhuru and Ruto are beginning to realize that believing in their own propaganda is very unhelpful.

        Let’s wait and see what the Appeal Chamber rules but the odds against Uhuru and Ruto on this matter are huge. The Rome Statute is pretty clear that indicted suspects be in court.

        If they want to bring on the pariah state, they are welcome. Kenyans will have to deal with the consequences and it will not be a walk in the park for Uhuru and Ruto.

      • Adongo,

        I think your analysis is spot on. I don’t believe Uhuru intends to go through the trial but Ruto might make some small show. Also the real powers are prepared to sacrifice Ruto but right now they are holding off to see how the Appeals Chamber goes. Ruto knows that so he was very quick to disown the letter to the Security Council. The biggest mistake is that they have decided to make this thing a matter of global (and even racial politics!) but the ICC knows it is finished if it bows to crude politics. When do they learn that African style doesn’t work at international level>

      • Here is the “African style: I was talking about: “They said they were considering filing a case at the Kenya Supreme Court to see whether it could give an order exempting Ruto’s physical presence at all the trial sessions at the Hague “.

        According to these people the Kenya Supreme Court is a very important body that must be listened to by the world.

        Nice comment by “MkenyaKamili2013”.

    • The bomb for Ruto in this case is the fact that so far his own witness has said Ruto paid Kshs 600,000.00. There is no record of any other payment. Where else in Kenya do you buy 100 acres for Kshs 600,000.00 today. This was supposed to be the final pay. When were the other payments made and to who?

      This whole land robbery was done with the full knowledge of Ruto. The man knew this was land belonging to an IDP whom they were ready to confine to a camp or to his grave if necessary. Then Ruto teamed up with a bunch of crooks and paid them peanuts to do the dirty work which they did and gave Ruto his title deed.

      I mean this is William Ruto, the potential ODM Prime Minister at the time this land grab was taking place. The country is at war and people are being thrown out of their homes and land in his backyard. Then he goes to “buy” 100 acres of land which ends up being from a man IDPed and Ruto who has no shortage of land didn’t even say, let’s wait for things to calm down. That is just extreme greed and selfishness. Ruto most likely had been eying that piece of land for a while and when the chance came he ordered his boys to go for it.

      The madness here is that Ruto had already agreed to return the land in an out of court deal before the same judge and then stupidly changed his mind for fear of being seen as a land thief. Now Ruto is on the verge is being declared by a court as a land thief. That will be one more hammer in his Integrity woes which are coming up in the Supreme Court. And now the stakes are so high Ruto can’t go back and do the out of court deal. This is where stubborn foolishness and greed can lead you to. A very bad place. Ruto asked for this. It is coming. He is going to lose this case rather badly. Trust me at this stage Ruto would love to give Mr. Muteshi 500 acres of land just to get out of this jam. Too late. Bensouda must also be paying attention to this matter. It is that serious.

      • mzee

        i also followed the proceedings until i heard the magic words and then left. it was way too predictable. first they say they have jursidiction, then zoom in to the substantive matter and claim on those particular issues, they have no jurisdiction and cannot rule one way or another. their advise to the petitioners is to seek IEBC, supreme court, the ICC or otherwise wait for parliament to impeach. hehehe, it took them three months to come to this earth shattering realisation.

        i really should have pursued law, this is one profession where someone asks for direction e.g where am i, and your answer is (pointing at the ground) you are here. but the beauty is that for that “no brainer” you can charge for the equivalent of three farms, future kids and grandchildren’s incomes.

        astounding.

      • Eligibility issue was a fairly easy to rule on. The constitution allows even mass murderers to run for office. Integrity is another matter and that is what will go to the Supreme Court and it can only be done if Uhuru and Ruto actually get elected to office.

        The issue then will be whether they are fit to hold office or not and the answer is obvious, they are NOT. The High Court could have ruled on that and said it can only be dealt with after a person is elected to office and not before but the judges were too cowardly to do that. This sword if it comes to it ends in the Supreme Court and I hope the civil society groups do not rush to appeal the matter now. Calm down and wait for the election results. That is going to be my advice to them. But I suspect they are going to go to the SC right away since the High Court has challenged them to do that. Expect this matter to be in the SC by Monday. With two weeks to go it is going to be interesting to see what the SC does. The next round of battle is in their hands.

        As it is we can now say Uhuru and Ruto will be on the ballot and Mudavadi might as well pack up now. He is done. It is a Raila Uhuru contest and even though some on both sides think it will end in round one, it will go to round two after very close results in round one. Those inside will tell you a Mudavadi ticket backed by Uhuru and Ruto is a nightmare for the CORD team. They want Uhuru and Ruto and now they have them.

      • Adongo,

        As a Kenyan who has read Chapter 6, I disagree with the ruling. This court is confusing Kenyans. They have said that they do not have jurisdiction. Yet they have made statements that suggest that they are ‘seized of the matter’. Why are they offering substantive rulings on an issue which they claim no jurisdiction? I think they do not want the responsibility of making such important decisions.

        I said I am concerned as a Kenyan because we are setting precedent here. We are not supposed to make decisions based on convenience but for all posterity. I agree, that perhaps tis is n excellent outcome for CORD and Raila. But does it augur well for the future?

        In how many modern democracies would an ICC indictee even be in contention for any leadership? In the US, Obama almost lost his bid before it even started because of comments made by his pastor and also his association with someone who was considered radical decades ago. Here we are dealing with people who an international court have found to have been involved in crimes against humanity!

        I think the matter will go to the Supreme Court sooner or later…. and we will have more drama. Oh, the growing pains of a young democracy!

      • he Jubilee Coalition presidential candidate Uhuru Kenyatta and his running mate William Ruto welcomed the court ruling that cleared them to run in the March 4 election.

        The ruling was also welcomed by their main challenger in the presidential election, Prime Minister Raila Odinga who stated that it gave Mr Kenyatta and Mr Ruto the chance to face him on the ballot to enable Kenyans to exercise their right to elect a president of their choice.

        Speaking shortly after the ruling was delivered, Mr Kenyatta, through his lawyer Evans Monari, congratulated the five judge bench saying it had demonstrated its commitment to the democratic process in the country.

        “The ruling is a demonstration that serious court disputes in regard to elections can be resolved by the courts. In this particular decision, the court demonstrated great maturity, it demonstrated the reform process and put in perspective the place of the bill of rights in our constitution,” Mr Monari stated.

        “It also brought to the fore the operations of Article 28 on personal dignity. The fact that the court ordered that the costs be paid to our clients is a matter we are taking seriously because there are so many loose cannons and busybodies,” he added.

        Mr Ruto, through his lawyer Katwa Kigen also welcomed the ruling saying that justice had been done as only the Kenyan people have the right to elect their leaders.

        “Only the people of the republic of Kenya will determine the destiny of this country on the ballot. I am glad the court has upheld all the issues we raised in defence of the Jubilee coalition top aspirants,” said Mr Kigen.

        Mr Odinga on his part said he respected the ruling saying that the court had held that in matters relating to the presidential election, the Supreme Court had ‘exclusive and original jurisdiction.’

        “I have repeatedly said that my main competitor should have the opportunity to face me in a free and fair election whose outcome is determined by the people of Kenya,” said Mr. Odinga upon hearing of the Court’s decision.

        But Restore and Build Kenya (RBK) presidential candidate Prof James Ole Kiyiapi accused the judges of failing to give Kenyans directions on matters of integrity.

        “By declaring that they lack jurisdiction, Kenyan courts have failed to give the country direction on matters of integrity as outlined in chapter six of the constitution,” he stated.

        The five High court judges – Mbogholi Msagha, Luka Kimaru, George Kimondo, Pauline Nyamweya and Hellen Omondi – dismissed a petition filed by civil society groups challenging Mr Kenyatta and Mr Ruto;s suitability to run for the presidency and deputy presidency as they face serious crimes at the International Criminal Court (ICC).

        The Judges ruled that despite the serious nature of the crimes facing Mr Kenyatta and Mr Ruto at the ICC, they are still presumed innocent until the contrary happens.

        “It is common knowledge the two have been indicted but since Kenyan courts and the ICC are of concurrent jurisdiction, we cannot adjudicate over the same matter. Only the ICC can bar them to run for public office,” ruled the judges.

        They ruled that the High Court had no jurisdiction to hear any petition relating to presidential candidates’ nomination.

        http://elections.nation.co.ke/news/Uhuru-Ruto-Raila-plaud-ruling-on-eligibility-case/-/1631868/1695142/-/codu9bz/-/index.html

    • rr,

      I know we have disagreed about this for a long time. I hold the view that given the mutilations on the katiba the hyenas in parliament allowed even convicted criminals to run for office. The courts cannot undo that and even the Supreme Court has no jurisdiction on eligibility.

      The courts however have jurisdiction on whether a person has contravened Chapter Six or not. As a matter of fact our courts have already ruled on Chapter Six on the now famous Matemu case.

      In this case the High made one big blunder and it will make a lot of room for the respondents. The High Court ruled they have no jurisdiction and only the SC can deal with the matter. Ridiculously enough, the same High then went ahead and as you rightly pointed out decided to make a ruling through the back door. The respondents can now send the matter to the SC and ask that the ruling by the High Court be declared null and void since the court said they had no jurisdiction. Once the High Court said they had no jurisdiction and the matter belongs to the SC, they should have sent it there and not sneak a ruling from the panya route. Some habits will take long to die.

      The respondents then can make an original petition to the SC on Integrity and ask the court to make a ruling on the following.

      1. Does Chapter Six apply to elected officers in relation to the presidency of the country? Of course it does but people like Uhuru are peddling lies that Chapter Six only applies to appointed positions. We need a clear ruling on that matter and it is only the SC that can handle it.

      2. If a person is charged with crimes against humanity at the ICC, is such a person in breach of Chapter Six of the constitution specifically when such a person becomes the president of the republic of Kenya? Is Uhuru Kenyatta fit to hold the office of the President of Kenya given that he is an indicted suspect at the ICC in a case beginning in April 2013.

      Now should Uhuru and Ruto be found by the Supreme Court to be in breach of Chapter Six and still legally free to run what next. They can run for fun. That is the long and short end of it. If they are elected they will face the hammer and it will be a new round of wars again.

      In the meantime I think at the political front CORD should push for their hoped for win in round one but be prepared for round two where this matter will be resolved once and for all and the court cases will become irrelevant but Kenyans still need a ruling on this Chapter Six matter. It goes beyond just Uhuru and Ruto and that is why I sure it is headed to the Supreme Court. On that we agree.

      • Exactly.

        http://www.standardmedia.co.ke/?articleID=2000077390&story_title=Kenya-Court-ruling-on-Uhuru,-Ruto-case-to-be-challenged

        The High Court judges screwed themselves up big time by declaring that the issue belongs to the Supreme Court and then proceeding to issue a ruling on the merits and demerits of the case. By so doing they usurped the powers of the Supreme Court. They actually made a ruling on behalf of the Supreme Court. That is not going to sit well with the SC and they will gladly take the case if Wainaina and co file it there and they will do that within days.

        To make it worse the High Court awarded costs which looks like an attempt to intimidate those who wish to file cases on public interest. That too will be decided by the Supreme Court. Nobody is going to intimidate the civil society groups.

      • Adongo,

        I am still looking for the full ‘ruling’, but some things, including what you have already stated are apparent. Yesterday the petitioners lawyer described the point about costs to the petitioner being a dangerous precedent and an assault against public policy and public interest litigation. It was uncalled for especially since the court allowed itself to entertain a case which they ‘knew’ they had no jurisdiction over. It strikes me as painfully wasteful for the judiciary to set up a 5 judge-bench to listen to a case which they think shoud be herd elsewhere.

        The lawyer also indicated that this – if allowed to stand – would mark the death of Chapter 6. Chapter six applies to state officers. It does not make any distinction between elected or appointed officers. But this is an argument for the Supreme Court.

        Charles Nyachae, speaking to Citizen TV last night described all the comments made after the Judges had declared they had no jurisdiction as ‘obiter dicta’ – meaning a bunch of unsoliscited judicial opinions that have no force in law. One of those opinions struck me as particularly silly. The judges declared that the sovereignty of the Kenyan republic rests with the people, which is true. It is their conclusion from this statement that is baffling. They concluded that this means we cannot stop anyone from running for public office under Chapter 6. Strange. Because Kenyans excersiced that sovereign will in passing the ultimate law that would guide how we are governed and by whom. The constitution is in place precisely because we have expressed that will.

        In short these judges were not ready to take the bull by its horns. Perhaps the Supreme Court will do that.

  6. Meanwhile, we need to be kind to these two amigos on March 4th by voting them out so as to set them free and free indeed so they can in peace attend to their court cases!

    Jubilee: Your votes will set us free

    Updated Saturday, February 09 2013 at 00:00 GMT+3

    By Fred Kibor and Faith Ronoh

    KENYA: The Jubilee Coalition has exuded confidence its two leaders facing charges at the International Criminal Court (ICC) would be exonerated by the court if Kenyans voted for them.

    The presidential candidate Uhuru Kenyatta and running mate William Ruto said The Hague would see that Kenyans have confidence in their leadership and acquit them of their criminal cases……….

    More here

    http://www.standardmedia.co.ke/?articleID=2000076915&story_title=Kenya-Jubilee:-Your-votes-will-set-us-free-

  7. Okay, they asked for it and they might just get it!!

    ICC prosecutor agrees some cases can be heard locally

    KENYA: International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda has agreed that a portion of cases against four Kenyan suspects can be heard in Kenya or Tanzania.

    But legal representatives of victims of the 2007/2008 post-election violence, Fergal Gaynor, rejected the idea of moving the cases from The Hague.

    In her submission, Bensouda raised several security concerns bedevilling her witnesses but conceded that part of the trial could be held in Arusha or Kenya as the accused requested.

    Considerations

    “One suggestion may be to hold portions of the trial in Kenya or Arusha, Tanzania, such as the opening/closing statements, the unsworn oral statement pursuant to Article 67(1)(h), the testimonies of the two accused and/or the testimonies of international experts,” Bensouda said.

    The Chief Prosecutor noted such hearings could strike the right balance between bringing the trial closer to the affected region, thus satisfy public interest in the case, and the need to protect witnesses. She said hearing portion of the cases locally might also give the bench an opportunity to visit locations of relevance in presence of the parties.

    She, however, told the Trial Chamber V that in determining where the court shall sit, the judges must consider unique security challenges and unprecedented level of witness interference.

    Ms Bensouda said security challenges include extra-judicial killings and forced disappearances of individuals with direct knowledge of the accused’s involvement in the post-election violence.

    “The prosecution’s concern is that the attempts to interfere with trial witnesses would increase if the trials were held in Kenya and, to a lesser extent, in Arusha, Tanzania, where the accused have significant influence and where the public interest in the trial is extremely high and where the court has no infrastructure to ensure the security of trial witnesses,” she noted.

    She said some witnesses and victims might be unwilling to testify in the region, adding that changing the location of testimony, this late, may adversely impact on witness’s well being or even change their attitude.

    But representatives of victims said about 97.4 per cent of victims want the trials heard in The Hague.

    Gaynor said victims expressed fear proximity to the accused would increase threat levels since the accused could easily mobilise their supporters to intimidate and interfere with victims participating in this trial.

    “Many also expressed the view that a trial in or near Kenya could not be fair, as the accused, who the victims perceive to be very rich and powerful, could more easily exercise undue influence, including bribery and intimidation, over those involved in the proceedings,” Gaynor told the judges.

    http://www.standardmedia.co.ke/?articleID=2000076901&story_title=Kenya:ICCprosecutoragreessomecasescanbeheardlocally

  8. wow people

    the events unfolding at the ICC are beginning to crystallize around some rather interesting premise

    here is the order to attend the status conference on Feb 14 – i.e will you be my valentine
    http://www.icc-cpi.int/iccdocs/doc/doc1548414.pdf

    but this one here i like very much please read and be the judge. these two guys have been provoking the ICC and now the time to face the music is fast approaching. hehehe even the careless remarks by ruto and uhuru on how they will run kenya via a laptop from the hague when they take a break is being captured for future reference. wow oh wow

    http://www.icc-cpi.int/iccdocs/doc/doc1548935.pdf

    and

    http://www.icc-cpi.int/iccdocs/doc/doc1548959.pdf

    ==
    I. Summons conditions
    The Prosecution considers that at this stage, the conditions in the summons
    issued by the Pre-Trial Chamber, as subsequently modified, and clarified, by the Single Judge, are adequate for the purpose of trial. The Prosecution
    reserves the right to request the Chamber under Articles 58 and 64(6)(a) of
    the Statute and Rule 119(4) of the Rules of Procedure and Evidence for
    warrants of arrest should the Accused violate their summons conditions,
    including the requirement of attendance at trial.

    With respect to summons condition (ii) – “refrain[ing] from corruptly
    influencing a witness, obstructing or interfering with the attendance of a
    witness, or tampering with or interfering with the Prosecution’s collection of
    evidence”

    – the Prosecution has notified the Chamber on several occasions of the systematic attempts by the Accused and their associates to identify and approach those cooperating with the Court’s investigation. The relevance of these incidents extends beyond the issue of compliance with the summons conditions – they assist in understanding the unique pressures on Prosecution witnesses, which will in turn assist the Chamber in assessing their trial testimony. For these reasons, the Prosecution will continue to bring such incidents to the Chamber’s attention, including actions taken under Article 70 of the Statute.

    With respect to summons condition (iv) – “attend[ing] all required hearings
    at the International Criminal Court”
    – the Prosecution suggests that it may be appropriate for the Chamber to invite the Accused to make a public statement at the upcoming status conference regarding their intention to appear for trial.

    Practical, financial and/or legal matters regarding the modalities of the Accused’s stay in the Host State during trial. As the modalities of the Accused’s stay on the territory of the Host State during trial are primarily a matter for the Registry, the Prosecution has no submissions to make on this topic.

    Other issues

    For example, recent public statements of Mr. Ruto suggest that he intends to divide his time between attending trial before the Court, and attending to his affairs in Kenya.

    See http://www.standardmedia.co.ke/?articleID=2000076335&story_title=KenyaPolitics:%20Ruto:%20Team%20victory%20will%20expose%20flawed%20ICC%20process. See also,
    http://www.youtube.com/watch?v=rgAWR_jknQ8, at 3min 14secs to 4 mins, where Mr. Ruto tells the interviewer, “To the best of my knowledge we will appear in The Hague. And as has happened in the past the case will proceed. We will be required once in a while to be personally present in court, which we
    will, and the rest of the time conduct our business” (emphasis added).
    ICC-01/09-01/11-587 06-02-2013 4/5 FB TICC-01/09-01/11 5/ 5 6 February 2013

    The Prosecution appreciates the Chamber’s invitation to raise “any other
    urgent issue that requires the immediate attention of the Chamber”, but has
    no such issues to raise at this time
    ==

    [will come back to format better]

    • on this ICC issue, i cant but help there is increasing focus on the conditions of the summons and the interference and tampering with witnesses and testimonies

      i believe the OTP is drawing attention to the fact that if these guys can do this when they have relatively little clout, what can they do, when they occupy the No.1 and No.2 slots of the republic. no one is foolish enough to imagine that they will sit by and have witnesses troop in and out of the country at will

      it will be very interesting to follow and observe the outcome of the valentine date proceedings.

      • tnk,
        Its perhaps time for a permanent lock down at the Hague.
        I think that these fellas are pushing the ICC very hard and the OTP even harder BUT in the wrong manner. They will force the ICC to make a decision that they wont want to hear. The decision will be that enough is enough and that the court cannot tolerate any more intimidation of the witnesses. To protect the witnesses, they will have to be put behind bars. Remember that these are people so used to interfering with court processes either directly or through proxy that they have come to believe its the right thing to do. I see a permanent lock down coming. The court can only allow so much mischief.

      • exactly mzee

        am not sure whether the press are just re-hashing what we discuss here or they have confirmed through their own sources but here is their take on this

        http://www.standardmedia.co.ke/?articleID=2000076832&story_title=Kenya-Suspects-obstructing-probe,-says-Bensouda

        http://www.nation.co.ke/News/Bensouda-Someone-keen-to-out-ICC-Kenya-witnesses/-/1056/1688270/-/cgo122z/-/index.html

        this thing’s going to blow up in someone’s face and it wont be the OTP, am thinking jubilee

      • tnk,
        Perhaps Uhuru and co have become fatalistic.
        They know that there is little chance of escaping doing time somewhere in Stockholm, Dakar or any city near you. So why not try intimidating the witnesses. They calculate that they would better go down trying than go down not having tried. .


      • Tnk et al.,

        To those who celebrated the withdrawal of OTP Witness 4 – please hold your horses! Bensouda is laying grounds to show the witness was bribed/coerced out –thus the recanting is inconsequential. Bensouda alludes to serious cases of corrupting OTP witnesses with bribes and intimidation…in exchange for recanting of their testimonies.

        The ICC itself has been put to shame — that proxies of these two accused persons could penetrate their witness protection system at will, and interact with OTP witnesses. This is not just an administrative issue — it is a criminal one on the part of the accused. It is the duty of ICC Judges to protect its own institutions from such ridicule and corruption. Bensouda states she has been periodically notifying the Judges of unlawful contacts with her witnesses…

        I frankly think the ICC has gathered some evidence of violation of the terms of summons for the accused…which automatically calls for warrants of arrest. It is from this context that I view Bensouda’s fresh application that the accused show up for the status conference. She is cajoling the two to come for Valentines and “make some public pledges that they wouldn’t abscond trial”…Me thinks there is a secret Valentine surprise for them….a special request to the bench…in the form of a sealed envelope…containing a warrant request. It is also patently clear that Bensouda is closely following the political developments (presidential campaigns) ongoing in Kenya.

        She catches the cantankerous Ruto on video and print, bragging about planning to willfully violate terms of his summons to appear for trial. Without blinking an eye, Ruto has declared to the ICC that when not required in chamber — he will have other business (“GOVERNING”) in Kenya to attend to. But ICC has notified him of confinement within a 30 km radius around the Hague — during the entire trial process (which may take up to four years). Bensouda is clearly telling the Judges –these chaps will bolt out…better confine them sooner than later! This is one interesting application I eagerly wait to hear what the Judges decide!

      • mzee, here is another article that more or less states what we have discussed here. witness tampering is a huge issue. if these two guys get elected, be assured the remaining witnesses will vanish completely.

        these guys trying to sweep these issues under the rug are not serious

        listen to the video clip at the bottom of the article and especially from minute number 8:40

        @job, bensouda is captured here confirming what you wrote above that witness intimidation and disappearance of witness is not something to be celebrated but should be a major cause of concern for the suspects

        http://www.bbc.co.uk/news/world-africa-21382339

  9. aw shucks, when it rains, it pours

    http://www.standardmedia.co.ke/?articleID=2000076687&story_title=Kenya-ICC-orders-suspects-to-attend-status-conference

    ==
    Nairobi, Kenya: The International Criminal Court Trial Chamber V has ordered presidential hopeful Uhuru Kenyatta, his deputy William Ruto, Francis Muthaura and Joshua arap Sang to attend the February 14 Status Conference, either in person or via video link.

    ICC presiding Judge Kuniko Ozaki said the main purpose of the status conference is to discuss the conditions of the summonses to appear issued by the Pre-Trial Chamber as well as to address any practical, financial and/or legal matters related to the attendance of the accused at trial, including the modalities of the accused’s stay on the territory of the Host State during the trial.
    ==

    can any one visualise the outrage that some people will feel if these two guys are president and deputy, and they are being ordered around by ICC

    how long before all hell breaks loose?

    • tnk,

      That is terrible news for Uhuru and his sidekick. They wanted the ICC manenos to be somewhere in the background with their lawyers hustling at The Hague as they peddle their lies to voters. The Court is having none of that. The court is saying even though this is a case conference, the indicted suspects must hook up in a room and be part of the conference because this conference among others will deal with the big issue of attendance when the trial begins on April 10, 2013.

      So Kenyans will be hooked on their TVs again looking at one of the presidential candidates and his deputy hooked on TV watching the hearing. Oh dear. I am sure Uhuru and Ruto are going to lock themselves in a bunker where media can’t grab pictures of them looking gloomy and miserable. (By the way does this order specifically require the indicted suspects to be physically present at The Hague or can they get video link from Kenya. Looks like it is The Hague. Can someone check that out)

      Uhuru and Ruto have been selling snake oil to Kenyans claiming that the court will have to accomodate their interests and in any case their trials are seperate and so muthamaki will be there while Ruto runs the country and vice versa. That was a stupid thing to be peddling in the campaign trail. The OTP is going to turn it against them and tell the court, that ICC proceedings cannot be determined by the political interests and alleged positions of indicted suspects.

      Secondly what will Uhuru and Ruto tell Kenyans if after the conference the court makes it very clear that both of them have to be at The Hague from the start to the end of the trial except during court recess, public holidays or when the court is dealing with subsidiary applications and of course if someone falls sick. Will they tell Kenyans that they are buying every citizen ipads, cell phones, computers and the ICT technology that will help suspected mass murderers to run the nation from a courtrrom 10,000 km away. Talk about the digital party! It is going up a notch, isn’t it?

      The idea that the ICC court will turn itself into a joke where Uhuru comes in the morning and flies back to attend a cabinet meeting in the evening and then comes back a week later to relieve Ruto is making a mockery of the ICC. It is just silly fantasy but good for lying to the gullible and those still in denial about this ICC tsunami. Sooner than later they have to invent another lie.

      The court wants suspects to be available to it at any minute once the trial begins and even the court does not know how that willl work. All they need to know is that you are in The Hague and available every second. Being given bail which is what these people have is a right with big responsibilities. You do what the court asks you to do and follow the terms of your bail or else.

      The ruling on this key matter of who attends court when, could never have come at a worse time for Uhuru and Ruto. It will be within days from the voting date and once the court tells them both Uhuru and Ruto have to be in court at the same time, their presidential ambitions will be technically over and there will be no Plan B. Even madness has limits. That is why some mad people are in the market places and others locked up. We warned them a very long time ago. Did they listen? Of course not. Now what?

      • `
        Adongo, Tnk et al.,

        Accused at home, and abroad!

        You bet the accused duo will find a bunker so deep to keep media way. These guys are criminal hustlers adept at playing media.

        Just yesterday, William Ruto got away with media-blackout during his court case yesterday –where he was answering to charges of forcefully evicting and stealing 100 acres of land from Gilbert Adrian Muteshi. It was found the title deed in Ruto’s possession was forged. There was no headline photo of aspiring Deputy President behind the local court dock. Can you imagine a front-page photo of aspiring Deputy President behind the dock -accused of land theft? This is malfeasance of Kenya’s media –either terribly unethical (corrupt) or inept. That could have been a million-shilling worth photo during this campaign season.

        The court finding yesterday was that Ruto’s title was fake. That simply means he didn’t even pay a cent for this land. He just sent thugs to threaten, intimidate, evict and take over the land from Muteshi…then “manufacture” a title deed. That is how land grabbing through abuse of power occurs.

        It was probably going to take a short while before “Mr. Deputy President” sells Muteshi’s plot to the government (like Kenyatta has been doing to some pieces of their vast holdings) for a couple of billions of shillings…and there comes more burden to the taxpayer.

      • `
        Apparently someone at the Daily Nation has my contacts. Whoever it is I don’t know. Well, they’ve just complained that they prominently covered Ruto’s case both in print and TV…and sent me a link to their story.

        I’ll have the honors to post it. Be your own judge whether this is prominent coverage or not.

        Jubilee aspring Deputy President and lawyers in court (land grabbing case)

        http://www.nation.co.ke/News/Title-deed-in-Ruto-land-deal-forged-Official/-/1056/1684668/-/gugkby/-/index.html

        The comments at the bottom are hilarious to say the least. One quips about a feckless Integrity and Leadership Chapter of the new Constitution. Someone actually thinks Ruto has experience “implementing land reforms” for himself. Another mean one proclaims this as “kusema na kutenda”…the PEV was told he’d be ‘weeded out’ and indeed was weeded out.

      • Akinyi & Einstein,

        The Daily Nation are terribly biased yet quick to cry foul when called out. In the earlier story Akinyi posted – they opted to put the victim’s photo and not the accused. Very biased effort to conceal a negative report on an aspiring Deputy President! Can you imagine if this was Kalonzo –would have been headlines.

        Am I going to get another complaint? I hope not again! Their editorial team is closely monitoring this board.

      • Akinyi and Job you are right, the DNA as usual is trying to help the Hague crew out of the mess by concealing their photos. But as bloggers we will not relent to send the right and correct message to the people.

        If CORD does not win this thing and it goes to the second round, will DNA refuse to write about the trail at the Hague? Well, lets wait and see.

    • Oh folks!

      Now, this is what is called ‘death penalty’ in football/soccer parlance!!

      But do I say! I just warned against the Jubilee naivety on another thread on this very board today!!

      Yeah, please let the tango dance begin!!

    • yup

      this is definitely a show stopper as you guys rightly note

      adongo – i think they have been given a choice of video link or in person

      but this is kenya. prone to internet outages, power blackouts and other technical glitches

      should they risk this and something goes wrong? will the court interpret this to mean non-compliance and therefore opt for other considerations? just musing….

      also this is a warning of things to come, right now they can be ordered around, but with the macho men kimemia, and what not, as soon as they are sworn in (if they do win) they’ll start playing that sovereignty card and a president cannot be ordered around etc etc

      i think that stuff has started its trajectory towards for the fan and will be hitting the fan in a few short moments

      • tnk,

        Thanks. I think in that case they can have the video link at State House afterall all the mashetanis need to hear what Bensouda is up to. Also State House is secure and Ndemo can provide all the internet they want.

        But then again how about if the ICC court starts talking about “past injustices” like mass murder, mass rape, displacements and land grabs from the Muteshis. Kibunja and Kimaiyo would have to break into the safe video link room and blow the TV to pieces and arrest all the parts for prosecution for promoting hate speech in the republic. Good Lord. Stuff is smoking hot isn’t it? Na bado.

        And here is Keter, Sonko and Kabogo on the campaign trail in Kiambu yesterday. These Jubilee guys have serious problems. I suspect they won’t find that out until after the elections. It is coming.

    • Folks,

      I was just looking at the Integrity case facing the coalition of the accused and a few things struck me as very odd.

      http://www.standardmedia.co.ke/?articleID=2000076743&story_title=Kenya-Uhuru,-Ruto-integrity-case-ruling-due-next-week

      1. The AG, the IEBC and the big lawyers eating Uhuru’s money seem to be working in unison and they are repeating one of the most bogus arguments. They are all arguing that the High Court has no jurisdiction on matters of presidential elections and the matter should be filed with the SC. That is rubbish. The SC deals with any matters relating to petitions of presidential elections which arises if people dispute poll results. This is not a matter dealing with a petition but with eligibility and suitability.

      In my opinion as a vinyangarika who has never stepped into a law school, the court has no jurisdiction in barring Uhuru and Ruto from running for office, yes, but that has nothing to do with the matter not being before the SC. It is a constitutional problem because the constitution allows suspected criminals and even convicted criminals to run for office. That is the issue at hand.

      2. The court definitely has jurisdiction to hear any applications on Chapter Six of the constitution and has done so in the past (Matemu case). In my opinion the applicants have made a very compelling case to the effect that people facing charges for crimes against humanity are in breach of chapter six and are not fit to hold office.

      3. This is going to be the first case that will address the constitutional conflict between the right to run for an office and the right to hold an office. Are they synonymous? My view is they are not. You can be eligible to run for office and not eligible to hold the same office. The issue is when do we catch and throw you out.

      4. I was surprised abut the almost desperate moves by Uhuru’s lawyers to bring the whole ICC case and plead Uhuru is innocent since some witness # 4 has been removed from the list of witnesses. This a ridiculous and curious legal argument. The integrity case has nothing to do with the guilt or innocence of Uhuru in the ICC case. The High Court is not privy to the specifics of the ICC and should not be involved with it in any way, shape or form. The High Court has been asked by the applicants to rule on whether a person facing confirmed charges on crimes against humanity at the ICC is in breach of the Integrity Act. That is all. If Uhuru is found in breach of Chapter Six because of the charges and the same charges are dismissed or withdrawn later on his breach shall end then and only then.

      It is amusing how nuts the Uhuru team has gone over Witness No. 4. They even want to go back to the Trial Chamber and have the case dismissed right now. They are dreaming. The Trial Chamber is going to tell them to bring any evidence proving their innocence during the trial since that is what the trial is all about. The Pre-Trial chamber obviously did not make its decision based on the evidence of one witness

      5. Kenyans must now mark Feb 14 and 15 2013 on their bookmark (I am not talking about the Valentine thing). On Feb. 14, 2013 I suspect the Uhuruto ticket might get a mighty sucker punch when the ICC court tells them they have to bring their asses to court everyday starting April 10, 2013 and there will be no monkey business of arranging the court schedule according to the political interests of the indicted suspects.

      The next day Friday, Feb 15, 2013 the High Court might land them a left hook as they still stagger from the ICC sucker punch by telling them they are free to run but they are unfit to hold office.

      • i must say i am still a little apprehensive about rulings from the high court. we have not seen many there willing to help steer the country forward based on the ideals of the new constitution, instead we have seen the judges allow people to exploit some ambiguities no matter how slight and thus dilute any gains

        but there is still hope, maybe there are a few brave souls on that board that can chart new waters

        nevertheless the possible outcomes will impact CORD significantly

        a) if the courts rule the way adongo has said consistently and which i find perfectly plausible i.e they can run but can not sit 😀 (i.e cannot occupy or hold the seats they run for) this is a double edged sword cutting deep. i.e if that is really the ruling, and these guys still proceed with their then doomed quest and even worse, actually win, then that will be a nightmare for the country. unimaginable by any standard. if kibaki was sworn in at twilight, i can assure you that these gents will be sworn in in their bedrooms immediately to preempt any petition. anyhow such a ruling will encourage their rabid support base and any undecided in their camp

        b) if they are barred – this will be terminal. they will then turn their collective juvenile and rabid tantrums to their object of hate and will spend every last of their breadth to campaign against. they will claim western interference, local puppets plus he’s the one that has engineered their being barred, etc. and of course kenyans are forever sympathetic to so called “disadvantaged” even if they are utter scoundrels

        IMHO, the courts should rule as adongo suggests, and then these guys get roundly beat fair and square in the election and then we go to the airport to bid the farewell to the hague. and we shall be there of course to welcome them back home after they clear their names (or serve their sentences)

      • tnk,

        I am equally apprehensive about our courts. So mine is just a hypothetical scenario. It is funny but we had this exact same conversation in Nairobi in August last year at the Judiciary Reforms public lecture by the SC Dr. Mutunga.

        I personally asked the SC to give as a perspective on what happens if one is deemed eligible to run for public office but unsuitable to hold the same. I referred him specifically to the ICC indicted suspects. The CJ told us he cannot comment on the matter because it is before the courts and may end up in the Supreme Court. Well guess what, that is exactly where we are headed unless someone chickens out and it won’t be the civil society team. If they are not satisfied with the High Court ruling next week they will take this to the SC.

        Personally I think we need a decisive ruling on the matter not just because of Uhuru and Ruto who are going nowhere but because we have a conflict in our constitution. The politicians made sure anything that can crawl can run for office but they forgot to factor that into Chapter Six. Some impunity peddlers have tried to insinuate that Chapter Six does not apply to elective offices. Of course that is nonsense because it is not provided for in the constitution.

        But we need our courts to rule on the conflict. The argument from the other side is that if I ran for office and win why should I be removed. If we get a ruling consistent with Chapter Six it will send a clear message to crooks, thieves and killers that they should stop wasting their money and time running for high offices because the courts can throw them out if sufficient evidence is provided.

        So we will see but barring is out of the question.

        Now it terms of the ICC scheduling which will also be happening next week things look very bad for Uhuru and Ruto. Bensouda for the first time has gone as far as saying she has a right to ask for warrants of arrest if the interference with witnesses continues. Bensouda has not come across as a combative person the way Ocampo was but it is obvious she is getting fed up. I don’t think she is going to ask for arrest warrants on April 10, 11 when the indicted suspects come to court but one thing is certain. Bensouda is going to ask the court to ensure that all suspects stay within the 30 km range of The Hague as required by law. There are going to be no excuses and accomodations and she is already laying the framework for that.

        When all is said and done a situation is arising where Uhuru and Ruto must know they simply cannot and will not hold any office and certainly State House is out of the way.

        Will they still run? They should because we want them beat fair and square to put to an end these endless whining of oh we are being stopped from ascending to power. Let the Kenyan people stop them in the polls and they will.

        But don’t be surprised when the Shetani Project is revisited. Some reported here yesterday in the tweets that Uhuru and Ruto had a long night meeting with Mudavadi just the other day.

        If things get very thick Uhuru and Ruto may be forced to withdraw from the race. At this point it makes no difference. Their time to prop up Mudavadi came and went.

        The dilemma of dropping from the race is that both TNA and URP would be is a disarray with just days to the poll day. The two parties would have no candidate for the presidency and the deputy. That could dismantle everything they have put together and it still wouldn’t help their ICC situation. So these guys have made their beds. Sleeping on those beds is going to be another matter. The beds are full of thorns and other stuff. How the heck do you spend a night there and the next and the next……hence the turmoil.

    • einstein

      thanks for that link

      lets look at a couple statements in that article

      ==1
      That is why we should not allow outsiders to divide us.” — Uhuru Kenyatta
      ==

      who are outsiders? isn’t this being used in the same context as the 2007/8 madoadoa statements that were part of the PEV that makes their blood boil? does or doesn’t this qualify as hate speech

      ==2
      Uhuru Kenyatta and his running mate William Ruto toured of the region, emphasising on the need for locals to remain in one political grouping

      Uhuru and Ruto used the opportunity to implore the locals to vote as a bloc “as they have done before”.
      ==

      this is herding people into robotic tribal voting pattern with absolutely no other agenda

      so why are these guys asking their backyards to vote as a bloc and then going into other areas and asking them to “split” their vote? who are these guys kidding

  10. The tales get taller as we draw closer to the d-day. Here is muthamaki tying himself up in knots.

    ICC will not affect my regime, says Uhuru

    Jubilee coalition presidential candidate Uhuru Kenyatta on Wednesday night asked Kenyans to vote for his presidency as part of a “vote of no confidence” in the International Criminal Court (ICC).

    Mr Kenyatta told a gathering of the Asian community representatives in Nairobi that he and his running mate, Mr William Ruto would deliver their promises even if they would be attending court sessions at The Hague.

    Mr Kenyatta who spoke at the Visa Oshwal Auditorium said since his case hearing and that of Mr Ruto would be on different dates, he would alternate with him in the running of the government such that no vacuum is left.

    “I can assure you that the government will function even as we attend court sessions. You should trust us with your votes because this would be an endorsement to our leadership and a vote of no confidence to the Court itself,” he told the gathering.

    “The president sometimes goes out of the country even for three weeks and the government still runs smoothly.”

    In the event that they both have to attend court sessions, Mr Kenyatta said there will be “necessary structures” such as provisions in the Constitution in place to fill the void :)…..

    http://elections.nation.co.ke/news/ICC-will-not-affect-my-regime-says-Uhuru/-/1631868/1680382/-/etfqkn/-/index.html

    • Folks,

      Here is another version of the same story.

      http://elections.nation.co.ke/news/Uhuru-allays-fears-of-power-vacuum-over-Hague-trial/-/1631868/1681156/-/105069lz/-/index.html

      What I find interesting is that when one of the Kenyan journalists actually took the effort to ask the ICC people at The Hague their answer was that the ICC has three vacation breaks a year and at the moment the judges have not put out their calender.

      The simple end of it is that Uhuru is basically lying about the idea that the ICC will just give them breaks to fly in where their specific case is on and out when the other case is on. That is selling snake oil to gullible people. Once your case starts (both will start at the same time) you will be at the Hague throughout the hearing and it matters little to the judges that they may not need you for a week or so. You stay there and if you have difficulties getting accomodation, there are always the cells. They are provided for free.

      If the boys behave while at The Hague they will be allowed to come to Kenya during easter break and Christmas and during the national holidays until they finish their case may be four years later and they better hoped they are not convicted because if they are then bye bye to Kenya for god knows how long.

      • adongo

        am actually quite tired of these people.

        first of – this so called attending hague is not just about boarding a plane stepping into the court, yawn as the process gets underway and then in the afternoon you fly back. people are asking the wrong questions

        a) who is paying for those trips, remember as head and deputy of state, their travel outside automatically becomes a tax payers burden.

        b) there is the issue of witnesses – who is going to agree to fly out of the country to testify against a sitting president and his deputy, and then fly back to the country? really these guys are getting too annoying

        c) there are other persons of interest, the whole provincial admin and the police bosses who among them will record statements and then come back to salute afande

        d) in the event of further investigations, asset freeze and what not, are we to imagine that a “president uhuru” will sign off a document that requires a freeze on his assets

        i could go on and on, but am really tired of people talking as if attending hague is similar to going on a shopping spree to london

        ati managing the country via twitter, what a twit, in other words, they are quite ok with the country coming to a standstill while waiting for mkubwa. haven’t we seen enough of this with big shots keeping meetings and events behind schedule for hours as they are “busy” elsewhere.

        then there is the probability of economic sanctions – yet in the same breadth they tell us, they will grow the economy, how? ati technology, horticulture hehehehe to where, china does not need to import any of these, or outsource labour they have a .5bn surplus labour force over there

        clearly there are a lot of people that really have not fully appreciated the burden of these two guys

  11. I couldn’t laugh any louder. A newspaper report tells me that TNA have a vetting system for nominees that is tough. You must be law abiding and show that you have integrity. You must not have been convicted… blah blah. Hahaha oh, boy.

    • Well well, the case is finally going to be heard and this time it looks like the judges are serious.

      http://elections.nation.co.ke/news/-/1631868/1678752/-/p8ra9nz/-/index.html

      A few things.

      1. There is a provision that issues of presidential elections that arise after the nominations should be taken to the Supreme Court. Are they going to treat this as matters which actually arose before the nominations or could the judges just send this the SC?.

      2. There is a misconception that these case is only about barring Uhuru and Ruto from running because of the ICC indictment and Chapter six. That is only the first half of the application. The second part which I find more relevant is the part that asks the court to declare any Kenyan facing indictment at The Hague as being in violation of Chapter Six and therefore unfit to hold the office of the presidency.

      This is the real nightmare Uhuru and Ruto face and I don’t see how the courts cannot accept that application. I have no doubt that the SC will accept it.

      It simply means that the courts will tell Uhuru and Ruto that they are free to run since the courts have no jurisdiction to stop them in terms of being charged with crimes against humanity but should they win, the courts would have the jurisdiction to declare them in breach of Chapter six. In fact the court will be technically declaring them in breach of chapter but has its hands tied by the katiba which allows even mass murderers and rapists to run for office.

      In other words, run for office by all means but make sure you lose or you will be back here and we will find you in breach. That is the message they are likely to get. In their defense Uhuru and Ruto can argue that even if a Kenyan court were to find them in breach of Chapter six after the elections, such court will have no power to remove them from office since that can only be done through impeachment by the senate (which muthamaki can buy). They will be telling Kenyans that they will test the depth of that river with both legs later if they win. Kenyans already know how deep the river is so they know these boys are prepared to commit political suicide but they want to take the whole country with them. Good luck with that. Collective suicide is not a national hobby in our country, yet!

      Now imagine a situation where a president is holding the office illegally after being declared unfit to hold office by the courts. The same president and his deputy are either at The Hague or hiding in the bushes behind state house and hanging on the senate to stay in office when the president can’t even sign anything into law being in office illegally. That is the kind of mess Uhuruto want to walk Kenyans into. It won’t happen but let them run.

      In my opinion courts can only intervene where the nominees do not have degrees where they are required or have fake ones. Or in cases where there were illegal nominations etc. It seems unfair that courts can deal with such small matters and still allow people charged with crimes against humanity to run but remember it is the same criminals who wrote the katiba and particularly butchered it in Niavasha. I am also sure that Mudavadi is hoping that the judges make some damning statements about Uhuru aand Ruto so the two could get back to him with the shetani game plan Also remember this ruling will come within days of the actual election. .

      • adongo,

        i think you are right in pointing out that the judges may simply kick the can down the road and let these two meet their inevitable fate. i have confidence in the judiciary and i know reason will prevail when the rubber meets the road. uhuru can go ahead and plan on buying 2/3 of the senate to avoid impeachment. let’s see how far that road to nowhere takes him.

        interestingly, even their more educated and informed supporters have chosen to bury their heads in the sand rather than ask the tough questions. Ruto may have convinced some with his ICT explanation, but not all are gullible bwana ruto.

        unless, i missed it, have these two provided details of how they propose to govern while defending themselves at the Hague? who will chair cabinet meetings? how will a leaderless cabinet run day-to-day government affairs as well as steer the reform process? what of international isolation and possible enonomic sanctions?…etc.

        as for mudavadi, let him continue serving the mashetani. the man is the UDF presidential nominee for pete’s sake. he looks silly trying to creat the impression that he didn’t know that his name was included on the list of possible nominees forwarded by his party to the IEBC? eti i will ask ‘them’ to remove kioni’s name…mmmh, as usual he was busted 🙂

      • akinyi,

        The one thing that caught my attention is that the five persons bench is taking this matter seriously and are not entertaining legal acrobatics to delay the case. Also the jokers who wanted to drag in Raila, Kalonzo and Mudavadi to turn the whole thing into a circus gave up. Finally.

        Also the Supreme Court has now agreed to have these cases handled by High Court judges meaning this case will go on as planned.

        Eventually whoever wins or loses in this round the matter will end up in the Supreme Court and I am “supremely” confident that the SC will find Uhuru and Ruto in breach od Chapter Six having now been fully indicted for crimes against humanity which involves the mass murder and rape of Kenyans.

        The Coalition of the Accused are in breach of Chapter Six. There is no doubt about that. We have the precedence of the Matemu ruling which made it very clear that conviction is not needed to prove someone is in breach of Chapter Six. That is the law in our country today.

        There are two hopeless straws these guys are hanging on now.

        One is that Chapter Six only applies to appointments and not to elected officials. That is rubbish which will not stand in any credible court and certainly not in the Supreme Court.

        The other straw is that these rulings will take time and even if they are problematic to Uhuru and Ruto the duo will already be in office when the verdicts are reached and the two amigos will just bulldoze the country as they wish. That is a foolish and dangerous fantasy.

        Lets even assume for argument’s sake that these two guys get elected. We will have a president and his deputy in court 10,000 km from Kenya as from April 10, 2013. The two will be fighting for dear life. If they don’t show up, the two would be international fugitives basically meaning the two will be criminals on the run from international law. Remember our own courts ruled that Bashir should be arrested if seen in Kenya. They tried to appeal that ruling and went nowhere. As it is our own president and deputy are declared international fugitives like Bashir Kenya is obliged to arrest them. That is what our courts have ruled.

        At home the two will be facing court cases if not outright court rulings declaring them unfit to hold office. And if they think President Barack Obama and the EU lot will just embrace peddlers of blood and impunity, they have another think coming. Now how do you manage such a mess even if you are muthamaki? You can’t. It will just fall apart. That is logical common sense but these guys don’t do logic and they are allergic to common sense. That is their problem to deal with. We would care less.

        The only credible position by the muthamaki crew is that the mutilations of the katiba has actually allowed even convicted murderers who have appealed their cases, the right to run for office. Unfortunately for them under the constitution, running for office is one thing, holding that office is another matter altogether.

        For some reason, may be by the mercy of god, for those into faith and stuff, parliament did not render Chapter Six as useless as they would have wanted to. They left it alive and well but allowed all manner of dubious people and outright criminals to contest for office. They forgot to put in place any mechanism to keep them in office.

        With the Supreme Court we have that means some people are spending a lot of money fighting for seats that they will never be allowed to keep. Even Raila and Kalonzo are not out of the woods yet. If anybody can bring credible cases against them, they would face the same music. The Kisumu Molases crap won’t cut it. Kibaki has ordered that investigated a hundred times and came with zilch every time. Remember Prof. Kivutha Kibwana when minister for land fishing that out every minute they wanted to tame Raila? It went nowhere. Kibwana is now in the cord coalition. Who would have thought?

      • adongo

        i think its good that the judiciary is moving this thing along.

        i however still have some reservations about the rulings from the courts. at best they still leave everyone guessing in these political issues with no firm commitment either way or the rulings provide greater latitude to those who should be barred

        looking at that group i dont see any earth shattering ruling coming up, these are not guys who chart new courses but like to stay under the radar. most likely they will play safe and say let the voters decide, but they’ll do it in a 150 page document.

        on my part i say lets wait and see but am not holding my breath on this, these guys are too predictable.

      • tnk,

        It doesn’t matter. We want Uhuruto in the race and they will be in the race with a hammer on their heads. They are very welcome. They will be beat. Fair and square and then off to The Hague. Good enough.

        What more can the country ask for?

      • Folks,

        If IEBC can approve Sonko’s nomination with all the dirt he has out there it should be clear by now that the business of IEBC clearing candidates is really a stupid joke. The law protects the IEBC very well. That is the law parliamentarians gave the IEBC towork with.

        What I found amusing is an interview where Ruto as usual was lying to his gullible horde telling them Intergrity only applies to people being appointed or selected to office and has nothing to do with those “democratically” elected after being cleared by the IEBC. Ruto is not an idiot so he can freely lie to his supporters but some of his lies are just way off the wall. Two things about Ruto’s lies here.

        1. IEBC has nothing to do with intergrity or Chapter Six. The law gives IEBC no authority to even touch just about all the items in Chapter Six. IEBC is limited to checking your certificates, name and getting EACC clearance which anybody can buy for a few pennies and other such stupid things. Essentailly IEBC is a toothless body which is fine with me.

        1. The Intergrity matter or a person being in violation of Chapter Six can only be determined by the courts. That is the only entity with jurisdiction over Chapter Six in our country today unless they change the laws later.

        Also Chapter Six covers elected officers because the M.Ps in their haste forgot to explicitly create a provision to limit the requirments of Chapter Six to appointed and selected state officers. Big blunder which is what is making Uhuru and Ruto shit bricks. Luckily for them as I said before the courts have no jurisdiction to bar anybody from contesting based on Chapter Six. So the courts will tell them to go run and the go nowhere after that. Just tons of rope to hang theselves and their supporters who will be crying as their heros board their planes to The Hague, probably never to be seen again.

        One other blunder the M.Ps made was they failed to specifically provide that Chapter Six would apply to actions taken after a person assumes their new office. They were too timid to go that far and as of now the Matemu ruling has shoed very clearly that Chapter six also applies to things you did before your new appointment. But Let Ruto feed them more lies.

  12. RR,
    Uhuruto aka the Hague crew aka leaders of the coalition of the accused (COTA) have decided to make age an issue in this campaign. They are claiming that since Raila is over 60 years old he should not be elected president of Kenya.
    But as Ababu Namwamba has eloquently said, it’s not the biological age that matters but the age of ones ideas. As things stand coalition of the accused COTA have only one agenda i.e. make Kenya a pariah state. If this is what being young is all about then I don’t want to be young.

    Let face it, Jomo Kenyatta aka Johnstone Kamau was between 90 -100 years old when he became president. (Truth be told nobody, including the man himself knows when he was born but coming to think about it, I have a feeling that he died well past 100 years mark.) This means that Jomo Kenyatta fathered Uhuru when he was much older than Raila. Does that not tell Uhuru something? Does he not get a clue that age is just a number? Well, that’s up to Uhuru and I will not help him. Using his brain is his business.

    A good look at Africa shows that coming to power young makes dictators

    Idi Amin (51), Uganda. Uhurus age
    Charles Taylor (48), Liberia, Rutos age
    Samuel Doe (29), Liberia
    Mobuto Sese Seko (35), DRC
    Yahya Jammeh (29), Gambia
    Valentine Strasser (25), Sierra Leone
    Omar Bongo (35), Gabon
    Blaise Campoare (36), Bukina Fasa

    Kenyans being smart people have already made up their minds as far as COTA aka Jubilee is concerned. They have rejected the idea of committing collective suicide to save The Hague crew. Even Musalia Mudavadi who once asked us to bear collective responsibility on behalf the Uhuruto group has seen the light and withdrew the stupid notion the moment mashetani beat him to a pulp and sent him packing to ingo.

    So how will the people of RVP gain from an Unhuru presidency? I say it will be more of the same. Land grab and even more land grab. See below and this is just the tip of the iceberg. Protect this man at your own peril Riftvallians. But I pity his “subjects” from central province whom he has almost completely made landless.
    • 10, 000-acre ranch in Naivasha.
    • 52,000-acre farm in Nakuru
    • 40,000 acres in Endebes in the Rift Valley Province.
    • 24, 000 acres in Taveta sub-district adjacent to the
    • 50, 000 acres in Taita that is currently under Mrs Beth Mugo
    • 29, 000 acres in Kahawa Sukari along the Nairobi—Thika highway
    • 10, 000 acre Gichea Farm in Gatundu,
    • 5, 000 acres in Thika
    • 9,000 acres in Kasarani
    • 5, 000-acre Muthaita Farm.
    • Brookside Farm, Green Lee Estate, Njagu Farm in Juja, a quarry in Dandora in Nairobi
    • 20,000-acre one, also known as Gichea Farm, in Bahati
    • 10, 000 acres in Rumuruti
    • 100-acre piece of land in Karen.
    • 1,000-acre farm in Dagoretti owned by Kenyatta’s first wife Wahu.

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