From: Yona Fares Maro
Date: Thu, Jul 30, 2009 at 1:25 PM
Subject: What Next After The Challenge In African Leadership

As soon as the struggle for decolonization was over, and the new nationalists took over the helms of leadership, a new set of problems arose in Africa-dictatorship , ethnicity, corruption and mal-governance. On the economic side, there was underdevelopment. The people started complaining. Some even went to the extreme by urging the colonial masters to return and take over the reins of power. Civilian administrators were replaced by military administrators, it was the same story-nothing changed. The military blamed the civilians; the civilians blamed ex-colonial masters; and the ex-colonial masters were having a field day mocking and laughing at us. Till date, they are still laughing at the ridiculous ways our leaders patronize and kowtow to them over pittance. The people feel humiliated by all this.

Basic amenities and infrastructure are declining, access to basic social services have also shrunk. Yet, the people keep hoping that tomorrow would be better. They are fed by politicians and modernizing soldiers that they have come to transform their reality and they will bring the promise Eldorado. The people are asked not to complain, that they should just be content and indeed grateful with whatever they get. Complain is seen as lack of patriotism and disloyalty to the father of the nation. The constitution does not matter, personal loyalty is a sine qua none. Patronage became big business. All institutions of government converged around the leader, the father and the owner of the nation.

All kinds of excuses are given by leaders why they could not govern well: opposition politics, foreign intervention, donor fatigue… The people asked, why did you run for political power when you have no ideas, no vision about how to govern? The leaders said, you do not require expertise to govern. All you need are a few propagandists who will oil the wheel of governance and make you tick through all sort of moribund welfare packages. The media keep on praise-singing the leaders when there is nothing substantive on ground to show for it. Meanwhile, people keep wallowed in poverty, disease and unemployment. Purchasing power depreciated, more children dropped out of schools, health institutions could not provide quality services. There is general insecurity and total lack of political ownership. Yet the people keep hoping that tomorrow will be better.

They are told not to ask questions about the corrupt nature of their leaders, over inflated contracts and the insensitivity of leaders. They are urged to be preoccupied with what they can get from government. The people keep quiet, and they get nothing in return, hence, they decide to ask questions even if that will result in their being persecuted. So welcome to the second struggle for liberation in Africa- the social liberation struggle.

The people of Africa are now saying that they have been deceived enough. Students, farmers, workers and middle class elements have all been on the streets struggling for improved social conditions and against material hardship. The leaders said that those struggles were disruptive and they should be stopped. They were told, that it was uncivil to engage in protests and struggles against injustice and hardship. Yet, improvement did not come. Yet, nearly all parts of Africa was militarized.

Again and again, Africa looks up to western countries and donors and humanitarian groups and the UN, and EU – more Aids, more loans, more subsidies and in a word, more assistance and subservience to western interests. All social and economic indicators showed that Africa is today standing in the negative. In Industries, there is negative growth rates symbolized by de-industrialization, in Agriculture, drought, famine, civil wars and displacements have affected growth, withdrawal of subsidy to farmers have also affected agricultural production, as have WTO rules. In Education and Health, World Bank rules have held sway. Every where in Africa the language is one: the market.

There is a spirited call for marketization and competition. We are told “let the market rule”, and the state must go to bed to sleep-hence the cliché, “rolling back of the state”. In this way we were told growth and development will come to bear. Africa has seen very limited growth and no development. Poverty keeps soaring in spite of the numerous economic policies in place. The private sector is only able to thrive in the context of the public sector. Every business man and woman is interested in doing business with government; everybody is dependent on the “big African government” they seek to shed. No company starts a physical year without waiting for Budget announcement. Economic reforms have not separated the private sector from government; if anything, it has further consolidated their ties. This is the irony and the tragedy of the African economic profile. The private sector in Africa has simply refused to grow. It remains the most underdeveloped part of the social formation. Interest rates are scandalous, and as such people take short term loans to finance commerce-buying and selling. These commercial o and entrepreneurial class have no interest in manufacturing sector or the overall health of the economy. They are either pirates or speculators or keen on quick returns on investment, hence short circuiting the system. As a result, there is no organic link between town and country, industry and agriculture. Yet the chant song has remained on the lips of many for as so long as independence celebration in most African countries.

What next? The people are told: “don’t ask questions; don’t take the wrong step; be mute and show contentment with what is on offer”. The people are told not to rely on any leader, don’t entrust your faith in any body, simply resign to faith and be more faithful because God will solve our problems. Belief is said to be the real test of piety. Governance has been turned on its head and our political leaders by embracing religousity and pulling the people along, they have also inadvertently shifted attention away from their misdemeanour and misconduct. This mindset has led in some quarters to over-religousity and the will to pass the buck and divert attentions’ away from the real culprits or agents of Africa’s underdevelopment. Who gains? There are few people at home and abroad who benefit form this. Who loses? Majority of the people of the continent, whose children and their future are compromised. This makes us less competitive on the international forum; indeed it makes Africa a laughing stock. This is because African leaders are only seen at For a where they go cap in hand to beg for money, beg for assistance and even beg for a share of looted funds to be repatriated to those countries, so that it could be re-looted. We have generally become beggars. Governance has been reduced to begging. We now beg for debt reduction/cancelation; beg for loans and Aids, beg for technical assistance and even beg for food. All this diminish and impinge on Africa’s pride and kills the potentials of our people. It is a bruise on our shared values and integrity.

But we have talked about all this for so long. For how much longer we will stop lamenting? For how much loners will we talk rather than take the bull by the horn. When will African leaders learn to face governance, talk less or even shut? When will they stop blame-shifting and blame others less for our problems. For how less long are we going to chart a genuine path of development for your people, a path that is inclusive and that carries them along and benefits them? Unless we begin to reconceptualise governance in the sense of participation, unless we begin to conceive politics in utilitarian manner, we will not make much progress on the continent relative to other continents. . We will find the ship of development elusive to Africa. There is no trick, no miracle to development. Every society will develop at its own pace, on its own terms, and on account of what it defines or understands as development. There is no one model of development, hence we must reject Eurocentric definition of what amounts to or constitutes development.

There has to be consensus around what constitutes development; this should not be an elite privilege because in the end, it is the people that drive development. Development is about the people and it is focused on the people; it must therefore be driven by the people. Development comes from the shared experiences and potentials of the people and how they deploy their capabilities and skills to overcome them. Defining or understanding development does not require a Ph.D. in Development Economics or in Political Science.

What our leaders must know is that government begins to make meaning when the people are included, when the people understand it and when it begins to have impact in their material lives. It becomes meaningful only when leaders are sensitive, and when the people can participate in processes of decision-making, policy and their outcomes. Hence the next challenge for African leaders is how they can leave their Olympian heights and palaces and step down to have conversation with the people. That is what democracy is all about. This will be the preliminary basis for setting an agenda and roadmap for confronting Africa’s myriad of crises. Africans are very optimistic people with strong faith and belief. That is why suicide rates and fatalities are very low on the continent.

The African people want to help themselves, thy have the will to survive and to do just any thing to survive. But they have consistently been failed by state actors. It is strange and indeed regrettable that poverty levels and infant mortality, illiteracy and unemployment are soaring on the continent, not to talk of malaria and HIV/AIDS; then roads and social infrastructure. The challenges are quite daunting. Since independence, successive administrations in various parts of the continent have promised the people that those problems will be solved. After four decades the problems have reached a crisis point and the people are still being fed on promises. After promises, what next?

—
Yona Fares Maro
I.T. Specialist and Digital Security Consultant

From: odhiambo okecth
Date: Wed, Jul 29, 2009 at 9:08 AM
Subject: Fw: From Talking to Tasking

In Nairobi, water has been an issue. Many families are going without water in their taps months on end.

In the country side, water is an issue. Many rivers are going dry. I recently crossed River Miriu and I was shocked at how thin the flow has become.

Around Nakuru, Flamingos used to be a sight to behold. That is no more courtesy of the destruction of Mau Forests. And as the government grapples with the Mau issue, what must we as Kenyans do in our localities?

At KCDN, we want to be an example of what the people can do. We can all come together and help in environmental conservation. We can all be vigilant about soiling our rivers, grabbing all utility grounds, children play grounds etc. It is us who must fix this problem.

On 5th September 2009, we will be doing exactly that in Komarock. We are mobilizing the youth, the parents and the residents to come together and be that voice of reason that will be heard loud and clear in matters environmental.

We are very encouraged by the current stance being taken by the government. It is our view that grabbers and invaders of forest lands must not be compensated. People who had invade other forests were evicted and not compensated. Politicians in the affected areas never showed us this naivety.

If the invaders on Mau can be compensated, then, we must look back and start compensating all those other people who had invaded goevernment lands and forests.

On the whole, we have innocent people in this region, people who we swindled out of their money by conniving politicians. It is such politicians who must compensate them, and not the government.

Odhiambo T Oketch,
From Talking to Tasking
Komarock Nairobi

From: CAROLYNE RUTO
Date: Wed, Jul 29, 2009 at 8:41 AM
Subject: Re: Politics of blackmail

Am also a Ruto..Difference is that am female….. I believe that we should do the right thing and save the MAU.

— On Tue, 7/28/09, odhiambo okecth wrote:
From: odhiambo okecth
Subject: Politics of blackmail
Date: Tuesday, July 28, 2009, 11:53 PM

I am not surprised that a few MPs who ought to know, are the ones in the frontline championing for compensation for those who have invaded Mau Forests.

I want to agree with the Hon Prime Minister that these people must be evicted now. These are sentiments sghared as well with Hon Michuki, Hon Ole Ntimama and many progressive Kenyans who have watched with sadness as Lake Nakuru dries up. The Flamingoes are no more in Nakuru and the 2 Rutos are not bothered.

Sadly, the main achitect of Mau invasion, HE Rtd Mzee Daniel Arap Moi is very silent. He often gives us words of wisdom but when it comes to Mau, those words dissapear. He lives the work to his son and the 2 Rutos, the people who helped him destroy Kenya.

These are the times that we need leadership. And Raila Odinga has shown exactly that; that he is ready to forego his presidential bid but have Mau saved. This is very clear. A leader must be prepared to take a stance and Raila has once again stepped in the frontline with all artillery aimed at him from myopic leadership.

I was in a discussion with a group of our brothers from Kalenjin land and they are all in agreement that Mau must be saved and Raila must do that. The political blackmail that the 2 Rutos are championing is not supported by Kalenjins. They are Kenyans like all of us, and they have seen Lake Elementatita and Lake Naivasha shrink because of Mau.

They have seen the effect of Mau on the 25 rivers that originate from there. They have seen the effect of Mau at Kericho tea farms, and they know, it is just a matter of time and the tea farms will be no more, courtesy of the confused political schemes of the 2 Rutos.

As Kenyans support the Prime Minister on the issue of Mau, let our brothers and sisters from the entire Rift Valley take stock of the effect of Mau on Kenya, and then call the Ruto bluffs.

That they want to decamp and form another party? My. Kenyans must rally behind Raila at this our of need. Sondu Miriu is drying because the 2 Rutos have invaded Mau. The Mara River is drying up because the 2 Rutos have invaded Mau; and they call on their tribes people to help them kill our country!!

Kalenjins must stand up and be counted as Kenyan Patriots. And the 2 Rutos should be consigned to the next flight to Switzerland.

Odhiambo T Oketch
Komarock Nairobi.

Folks,

The Minister for Finance who is also the Deputy Prime Minister Uhuru Kenyatta has been visiting in the USA for over one month.

Can the President tell us who is running his Offices in Kenya while he is away for that length of time, and also is it constitutional for person of a Minister to leave an Office for more than one month for a Foreign Country? And is he spending Tax Payers money for that length of stay?
Can President Kibaki explain what assignment he is doing in the USA?

Thanks,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

– – –
From: jbatec@ . . .
Date: Tue, Jul 28, 2009 at 6:04 PM
Subject: Uhuru in the USA for over One Month

From: David ochwangi
Date: Tue, Jul 28, 2009 at 9:16 AM
Subject: Re: WHAT IS GOING ON WITH RAILA

Daktari:

The PM is right, I didn’t hear anywhere where the PM said or insinuated what you are alluding to below, maybe I missed something. He said the MAU must be cleared and told Rift valley MPs to quit inciting people and raising temperatures. I think it is on fair that genuine purchasers of land be compensated for their property and that they be allowed to wind down their business such as harvests, etc. Also, if people bought land from corrupt politicians who originally grabbed the land for personal gain and profit, then they should get their money from those politicians because that acquisition was through fraudulent conveyance. Why should you and I be on the hook for corrupt deals? Why should we reward corruption? Just tell me .. PM Odinga is right..Clear the MAU and as for Ruto, the arrogant murderer needs to face the Hague for all I care; he has been a part of the problem from day 1.

— On Mon, 7/27/09, barack abonyo wrote:
From: barack abonyo
Subject: WHAT IS GOING ON WITH RAILA
Date: Monday, July 27, 2009, 9:17 PM

Change of tactics or is it just semantics. Has Raila Odinga forgotten 2007 or has he just changed alliance? Something very very bad is brewing up in Kenya. No compensation whatsoever, just move from Mau. We have no sympathy. The money is just to fence the land. We do not care where you are going to live. You can go to hell if you want. Did I hear the the prime minister say that. Listen to his speech here and make your own judgement.
http://www.eastandard.net/videos/?id=1144020226

Barack

Jakonyanam, wach woudh Jarabuon e piny luo ni omiyo jomoko paro diriyo.

Woud Othaya opak rwak kod kado manyar Gem chi Raila oloso ne kod ngege moa Yimbo-Usenge

Ker mar Luo Riaga to kwayo mondo wang’ni JORABUON owene Raila kom maduong’.

Woud Othaya to ong’iso Joluo mondo ochak pur opith Africa.

Wechegi ok nyien, nene TJ Mboya kod Jaramogi Oginga Odinga nene ose wacho chon, ma Kibaki kod Kenyatta gini ema ne gitamo luo mondo kik dongre.

Ber mondo Joluo ochak puonjo nyinddwa sigana mag JOWA mane okelo ohuru nimar sani nyithindo minyuolo sani okie ni TJ Mboya en nga’ kata mana ni Adala Otuko en nga.

Omiyo Jakonyanam yie opar uru diriyo.

Ogandni mag luo sani onge kod lony weche mag sigand luo.

Mogik, Raila ema pod wakony uru to kik wi wu wil lweny pod pek, nimar Jaluo pod odenyo, kendo gin mana jotich mag mwache e pinywa.

Jadolo Okoth Otura

– – –
From: ndebele okoth
Date: Jul 26, 2009 9:02 PM
Subject: KIBAKI WOUD OTHAYA OYUDHO KADO KA RAILA WOUD ODINGA

From: Judy Miriga
Date: Jul 26, 2009 8:00 AM
Subject: Reconciling Kenya proves to be a Tearful Affair

Bethuel Kiplagat knows more than meets the eye…..this sing song of forgivenssis full of cover-ups we are not interested. Let the law takes its rightful course so we can rest the spirits of those whose lives were taken from them through politicized motives.

We forgave and moved on when they took Tom Mboya’s life, we again forgave when they took Pinto, we forgave when they took J.J. Kariuki, we forgave when they took Agai Koyier, we forgave when they took Angawa, we forgave when they took Ouko, we forgave when they took Mbai……..in the midst of it all there are constant smart killings, some are faked road accidents, some through strategic frustration of marginalization, some through poison……….the list is endless……… we are sick and tired people…..why do we still have to go round about things when the Law that governs and secure lives, if not local we have the International, why cant we solve matters and we rest at peace. Why do we have weaklings amongst us? Cant we energize these our good men and women and to stand firm and strong for Hague?

Those Leaders who meander who dilly dally and cannot provide direction or measurable principles should be given leave to go home and retire. We cannot go by peacemeal. I believe politics have turned high tech and they cannot catch up anymore to safeguard or champion for present match-up ideologies that can help the Nation move forward in a substantive development achievement.

We are now treated to a systematic strategized political gangstry, a move to drive people to concentration camps…….poverty and hopelessness escaliting to the highest magnitude…….why cant we deal with this maniac demonic and satanic political goofs once and for all? Dont we have options for Hague people…..why cant we stand firm up in arms and stop this cronic menace in our midst…….you still want to be sung songs that will make you puke…….ati forgiveness forgiveness what……….why cant they have mercy to the poor and the hungry? Who are they kidding? Why do you entertain people who come to pee and do dung on your door steps? Why do you sing and dance with them? We dont want crocodile tears……..they are not going to do any good to our future………we need cleansing from the smear of blood that were poured from the innocent who were just seeking good life for all to enjoy God’s Blessings. We need the whole lot out people……they are doing us no good……… they are a pain in the neck………..call a spade a spade………Enough is enough people……to be too linient is a sign of stupidity………people, you can do better than to be continuosly bounced in a zig zag ping pong fashion. This are best suited to a Warthog dance moves. These leaders are sucking your blood. They are suckers they all need to go to Hague.

Be serious with your lives…….and dont play silly with people who do not understand your concerns and interests for the struggle of wanting to achieve your potentials in a secure livelihood full of hope in a favourable political atmosphere conducive for sustainable development prospects …..you should all know that these leaders are opaque, they are standing on your ways so you cannot achieve your potential worth to a progressive future in a competitive Global Village Market. They have put a big wall to your success…..so you will have no success story to tell to your grandchildren when you grow old ………….move people, get moving towards your destination, your Destiny is in your hands people. Do not hesitate to take them to Hague…..Hague will be the beginning to our realization of Peace at which we will re-gain trust to Love our friends and neighbours once more – and Unite for a Common Purpose and a Commong Goal, the things we have always desired to cherish.

Thanks,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

Reconciling Kenya proves to be a tearful affair

Truth, Justice and Reconciliation Commission chairman Bethuel Kiplagat wipes tears at the NTV newsroom during an interview after he was asked to shed light on the Ouko murder. Photo/COURTESY OF NTV

By SUNDAY NATION ReporterPosted Saturday, July 25 2009 at 22:30

The head of the Truth Commission, Bethwel Kiplagat wept uncontrollably when asked what he knows about the death of then Foreign Affairs minister Robert Ouko.

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Speaking in an interview at the NTV newsroom on Saturday, the chairman of the Truth Justice and Reconciliation Commission said Mr Ouko was a close family friend.

“I’m willing to go anywhere to know who killed my brother Ouko. His family has a lot of trust in me,” he said as he tried to fight back tears.

Even today, he added, the friendship with Mr Ouko’s family still exists as he is a member of the Ouko Foundation. Mr Kiplagat had to ask for a break in the recording to let him recover his composure.

He said he was among the few senior officials who responded to summons by the Ouko Commission of Inquiry, which was set up in 1991 to establish the cause of death of the late Foreign Affairs minister.

Minister killed

Mr Kiplagat’s critics accuse him of having failed to shed light on Mr Ouko’s death since he was the permanent secretary in the ministry when the minister was killed in February 1990.

They argue that he should not therefore chair the TJRC since he is supposed to be a witness in the Ouko case. The commission was chaired by the current Chief Justice, Evans Gicheru and was disbanded before it could finish its work.

“I went to the inquiry alone and stayed there for one-and-half days and gave all the information I had,” he said. He recalled that there were some senior officers who ignored similar summons.

Mr Kiplagat wept for a second time as he tried to explain his stand on accusations by former detainees of retired President Moi and a survivor of the infamous Wagalla massacre.

The detainees include two former MPs; Koigi wa Wamwere and Wanyiri Kihoro. Mr Kihoro said he was detained for organising protests against Mr Moi’s government in London when Mr Kiplagat was Kenya’s High Commissioner in London. Technically, according to Mr Kihoro, Mr Kiplagat was his accuser.

The former Nyeri Town MP has said he “will not honour the TJRC by appearing before it.” Mr Wamwere said the TJRC is doomed to fail because through its chair, Mr Kiplagat, “it seems designed to cleanse past and present perpetrators of torture and if possible post-election violence.”

However, Mr Kiplagat struggled to exonerate himself from blame for injustices committed during the time he served under Mr Moi.

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He said he had advised Mr Moi on the need to accept change, which according to him culminated into the repeal of section 2 (a) of the constitution, which paved the way for multi-party democracy. “I spoke out my mind when things went wrong,” he said.

from: Mary Gakere 1:46 am
date Jul 26, 2009 1:46 AM
subject KENYA

A LOCAL TRIBUNAL AND NOT ICC, IS THE ONLY WAY FORWARD FOR KENYA

Our beloved country Kenya is currently torn between a local tribunal and International Criminal Court (ICC), as a means of finding a solution to the post election violence. This stalemate is born of the Wananchi’s doubt and cynicism with our local judicial system. Past events in the country display our judicial system as weak, ambivalence and easily swayed system of justice. It is common knowledge how our judicial system has often been compromised through bribery, favoritism, nepotism, tribalism-in general absolute corruption that breads miscarriage of justice. Out of anger and frustration with our system of justice, we easily and without proper evaluation embrace ICC as the magic bullet that will bring us lasting peace and unity.

Given such a dismal account of ineptness of our own judiciary, it is no wonder majority of Kenyans (68 percent), would opt for ICC rather than have a local tribunal try, prosecute and adjudicate the perpetrators of post election violence.

We were all stunned by the madness that engulfed our country and our people once the elections were concluded. Mayhem, murders, arsons, and all other heinous crimes that took place among and between peoples of the same nation, was unlike anything imaginable. Many could hardly believe this was the same Kenya that was respected world wide as beacon of peace and progress in Africa. Our more than 40 years of nation building turned into futility within a matter of hours. Seemingly so strong and united -Amani and Umoja, yet so weak and fragile; became the reality of our situation. For ever, in the eyes of Kenyans and the world, our innocence was lost.

Yet, out of this seemingly hopeless situation, we must rise above it all and create a local tribunal with capacity and discipline to steer through all that mess, adjudicate, try and bring forth a lasting solution that is deeply rooted in the causes that ultimately shook the foundations of our nation. This must come to pass because there is no ICC solution for Kenyan problems. ICC lacks the appropriate tools, stamina and track record to handle a massive and far reaching crisis such as our own. Our history; colonial era in particular, shows that we had a lot of help by outsiders in creating a divisive country, suspicious attitudes among different tribes and land alienation and confusion; some of which are the lingering past in the present that are the underlying causes of the animosity we harbor against members of different tribes. It would be fatal for us now as a nation to had over the task of weaving together the garment of our national unity to foreigners, under the fear and pretence that, only others can do it better for us. Yes, our judiciary is far from perfect, but it is ours and nobody but ourselves can fix it.

What we need in Kenya right now is faith and trust in ourselves and our institutions and not ICC. Whatever is broken in our judicial system must be addressed and rectified immediately. There are those who will argue that there is not enough time to correct all that is so horribly wrong with our system of justice. But such argument must be rejected. Where there is a will there is away. The gravity and urgency of the matter before us is inducement enough to compel Parliament to act expeditiously in putting up judicial reforms credible to Wananchi and adequate to the task before us. We must strengthen our prosecutions and follow the laws strictly. We have laws in place that address every wrongful act committed during the post election violence. We have law professionals in our country who are highly learned and disciplined enough to handle whatever is thrown their way so long as we fully appraise the import of the matter before us. We cannot fail and we should not borrow justice, or expertise from International Criminal Court because the Court doesn’t have it either.

The International Criminal Court (ICC), should not be confused with International Court of Justice( ICJ), aka World court . International Court of Justice was established as an arm of United Nations in 1946 with its seat at Hague-Netherlands. ICJ is the principal judicial organ of the United Nations. It settles issues between nations and not between individuals as is the case with International Criminal Court (ICC).

The International Criminal Court (ICC), with its headquarters also at Hague-Netherlands, commenced about seven years ago. It is therefore relatively new and without adequate experience to address the situation of the magnitude of the events that erupted in our country following the last general elections. Out of about 194 countries in the world, upon its inception, July 1St 2002; ICC had a mere 60 countries that had ratified the Rome Statutes-which is its founding document. Currently, about 109 countries have ratified the Rome Statutes. As such, this institution that claims to be international is anything but that. Moreover, some countries that are major players in the world scene: United States, Russia, China, India, Israel, Yemen, Libya, Pakistan, Egypt, Indonesia, Turkey Iran among others, are not members of this so called international institution (ICC).

So far, the court has very limited experience having handled four cases none concluded yet and all of them originating from Africa. Arrest warrants have been issued for 14 people (all Africans): In Uganda, court seeks; Joseph Kony (still a fugitive) Vincent Otti (now dead), Raska Lukwiya (now dead), Okot Odhiambo (fugitive) and dominic Ongwen (fugitive). In Democratic Republic of Congo: Thomas Lubanga, (in custody), Germain Katanga (in custody), Mathieu Ngudjoo Chui ( in Custody), Bosco Ntaganda ( fugitive). In central African Republic: Jean Pierre Bemba (in custody) and in Darfur (Sudan): Oma-al Basshire- president of Sudan (fugitive), Ahmed Haroun (fugitive), Ali Kushayb (fugitive), Bahr Idriss Abu Garda (willing to co-operate)

It should be noted that ICC didn’t conduct Rwanda/ Tutsi or former Yugoslavia genocide-ethnic cleansing trials because it cannot undertake any situation that predates its inception-July 1st, 2002. United Nations (UN) had special tribunals that were set up for that purpose only. And former Liberian Leader Charles Taylor is being tried by a UN-backed special court for sierra Leone (SCSL), not by ICC.

Since the court has exclusively dealt with Africa only, it has been dubbed in some circles; “Africa Criminal Court” (ACC). With so little practical experience as ICC, and with nothing substantial to show as an out come of a completed proceeding, the court has no business assuming responsibility in handling our extremely complex situation with crime scenes and both perpetrators and victims spread out literary across the entire nation. If the court were to take over the Kenyan cases, it would be the most far reaching and wide spread trial arena that the court is yet to experience. We would not like for the court to use our country and our sad events as its learning experience with complex situations, varying languages, traversing across our nation back and forth collecting evidence and materials necessary for a massive trial. Fortunately, ICC is a court of last resort intervening only when national authorities cannot or will not prosecute. We must not submit to this court because Kenya can and will thoroughly prosecute all the perpetrators of post election violence.

The court (ICC) has many short comings; no police force of its own hence would have to rely on Kenyan’s law enforcement officers to arrest persons wanted. Our own people; though not the one’s in- charge, would still do it all: relocate witnesses, collect evidence for use in the proceedings, and enforce the sentences of the convicted persons. The court has no prisons of its own per-se. It depends on good will and co-operation by party States.

In short, we will do all the work and pay all the bills no matter how many years the court takes working our cases, and then wait for the court’s verdicts so we can carry out its orders. There is no telling how long the court will take if we allow it to take over. It could be years. Already, seven years since its inception, it is barely beginning the first proceedings. If the court takes many years working cases in Kenya (as its likely to do), this could end up being extremely expensive for our country and people.

The International Criminal Court is at its infant stage. It doesn’t enjoy wide spread popularity as it is yet to prove itself. In his reaction to the Rome Statute, Bill Clinton the 42ND president of United States said, “ US should have chance to observe and asses the functioning of the court overtime before choosing to become subject to its jurisdiction”. During his tenure in office, President George W. Bush criticized the court (ICC) and withdrew the USA from any participation, he has since sought assurance from other countries that they would not support any effort to subject its citizens to the ICC. He further stated, “ — every person who serves under the American flag will answer to his/her own superiors and to the military law not to the ruling of an unaccountable International Criminal Court (ICC)”. And the US Under Secretary of State, John R. Bolton referred to the court (ICC), as a “ product of fuzzy-minded romanticism — not just naive but dangerous”. (Ref: Washington post . Tues, Nov. 7th, 2006; pg.A16)

We shouldn’t allow an experimental court to take centre stage when dealing with our most demanding and sensitive issue since independence. We cannot compromise the sovereignty of our country to an amateur court. How we carry out the task before us could very well determine how we are going to live as Kenyans for the next fifty years. This is our challenge we must give it all because we owe it to ourselves and posterity.

Upon the conclusion of the last general elections, our whole country went into a state of shock and a lot of Kenyans did some very horrible things against their brethrens. Outrageous acts that were out of character for many of the players. Justice must be done and perpetrators, once convicted must be punished according to the laws of the land. But as we proceed to seek justice for the victims of such senseless acts; as a matter of public policy, we must be mindful of the sensitive nature of our situation. We must be sure to address the underlying causes, the sentiments and grievances that might have been simmering within, that erupted once the elections went bad. We cannot quit holding elections otherwise we wouldn’t be a democracy, at the same time, we cannot behave like lunatics at the conclusion of every election.

In order to address it all, this Kenyan problem must have a Kenyan solution no matter how inadequate we think our judicial system is. We need a strong and credible local tribunal whose members should be drawn from both victims and perpetrators side.

We should bear in mind that we have a double task: to bring justice to the victims and healing to the nation.

Njau Njembura Njoroge