From: Joram Ragem
Date: Jul 20, 2009 10:17 PM
Subject: D-A-Y—of– A-T-T-O-N-E-M-E-N-T
Last year in October,
I advised regarding Kenya’s post election violence as copied below. My advice has not changed. If fact, it is immoral and a conflict of humanity’s interest to allow those those who are already accused, even if they are not proved guilty, to determine jurisprudence and subsequent forum for their trial.
However, progress towards The Hague has been made. Even the politicians will soon all see the weight and ramification of being signatory to the Rome Statute and the ICC. Kenya sacrificed her sovereignty, but will soon gain a rebirth. ICC is a good thing for Kenya. It will be the 3rd and last liberation.
The Hague, like the alter that Abraham laid his son Isaac, has already done it’s job. Either buy just being there, buy flexing it’s muscle through Moreno, or by eventually trying the alleged perpetrators of crimes against humanity.
To avoid the Hague, Kenya’s rebirth still MUST occur, because this rebirth was a promise from God, which arises from the many years we prayed thus:
Ee Mungu nguvu yetu. Ilete baraka kwetu. Haki iwe ngao na mlinzi. Natukae na udugu. Amani na uhuru. Raha tupate na ustawi.
Amkeni ndugu zetu. Tufanye sote bidii. Nasi tujitoe kwa nguvu. Nchi yetu ya. Kenya tunayoipenda. Tuwe tayari kuilinda.
Natujenge taifa letu. Ee ndio wajibu wetu. Kenya istahili heshima. Tuungane mikono pamoja kazini. Kila siku tuwe nashukrani.
Inherently, we Kenyans are peace-loving and forgiving people. It is not our wish that we send our sons, daughters, mothers and fathers for trial and imprisonment in a foreign land. Yet, for the predicted rebirth, or third and last liberation to occur, we must.
However, my 10th great grandfather Ragem declares thus; For the rebirth to occur without The Hague, the following MUST occur
KIBAKI
He must strip naked in public, metaphorically. He must give up the privilege of being above the law as president. If he is in The Waki Envelope, he must resign and be tried, not for stealing the 2007 election with impunity and swearing himself in a haste, but for ordering, or condoning the armed services as they brutally and fatally quelled post election violence, and particularly targeting certain tribes. These notwithstanding, he could be found innocent in a court of just law.
RUTO
He must resign and vote again for a local independent tribunal. This will be the beginning of proving his innocence. The evidence against him is circumstantial, unlike Kibaki’s who was the commander-in-chief of those who executed orders.
MUTULA
He must resign and face trial for advocating for PNU and Kibaki in the face of a stolen election, nothwithstanding the innocent blood of the protesters. He must be tried for negotiating for Kibaki, while he remains a proxy for Kalonzo. By doing this, he deceitfully and through quasi legalese made Kibaki believe he was the duly elected.
KALONZO
He must resign for betraying Kenyans by supporting a candidate who lost, in hope of staying a heart-beat away from the presidency at whatever cost. That cost was over demise of 1,400 Kenyan lives and the current constitution crisis.
RAILA
He must step aside in good faith and face trial if his name is in the evelope. If his name is not in The Waki Envelope, he must be inaugurated as the 4th President Kenya, and appoint Kibaki as the 3rd Prime Minister if Kibaki’s name is not in The Waki Envelope, or if Kibaki is found innocent. This will be in good faith and in the spirit of forgiveness, bestow to the old man a stately exit.
All mentioned in The Waki Envelope must resign and wait for the outcome of the trial.
If all above are in the The Waki Envelope, then the best worse thing is to dissolve parliament and call for elections.
—
Joram Ragem
wuod Ndinya, wuod Onam, wuod Amolo, wuod Owuoth, wuod Oganyo, wuod Mumbe, wuod Odongo, wuod Olwande, wuod Adhaya, wuod Ojuodhi, wuod Ragem! (Are you my relative?)
10/31/09
Dear Kenyans,
By now, I am sure that it is beginning to dawn on us that Kenya as we knew it, is gone. Hence only last week, I advised:
As painful as the memories are, it is impossible to prosecute and convict, (without a shadow of doubt) most cases of Kenya’s post election violence. Unless all Kenyans, including the international community, resolve, cooperate and pursue, to nab and prosecute both the big and the small fish, it is a case of nolle prosequi.
I still stand by my free legal-political analysis. To this I again add more simple legal and political advice. Interested parties can ignore at their own peril.
Whereas it is not disputed in the eyes of all and specifically the findings of the Waki Commission that criminal and inhumane deeds were executed by some during Kenya’s post-election violence, Kenya must be disqualified and disbarred from prosecuting any case stemming from the post-election violence for reasons stipulated herewith:
a) the current president is involved and he is above the law of the land per the current constitution. To wit, any legal action against anyone else, regarding any case, directly or indirectly related to the post election violence, is nolle prosequi, until the president leaves office or until the law is amended to allow the president to be indicted, whichever occurs first.
b) the current PM and some of the current law makers are involved, and to allow them any opportunity to set up a tribunal, or pass any resolution not to set up one is conflict of interest which renders any case of the post election violence nolle prosequi if tried under such an arrangement, even if the head of the tribunal is foreign, provided that the case is tried in Kenya.
c) other than the court martial of the 1982 coup suspects, Kenya as a nation has not been able to concluded or implement any recommendations of any commission or inquest. Any such body was set up to sweep problems under the rug or simply to cool off political and public tension stemming from political assassinations or any corruption scandals. Hence the onset of impunity.
d) because Kenya is a signatory of the international Criminal Court, and because of (a), (b) and (c) above, the ICC is the only body with legal jurisdiction set up to prosecute any alleged criminality or violation of humanity anywhere in the world particularly when laws of a sovereign nation interfere with the administration of justice.
Wherefore, as a sovereign nation Kenya has every right to reject the recommendations of the Waki Commission just like any accused has the right to plead innocent. I advice and agree that Kenya law makers should reject or disqualify themselves from setting up a tribunal in Kenya. However, since the Waki Commission was set up under the appointing authority of mutually accepted international mediator, under the direct authorization and supervision of the United Nations, the Waki Commission acted within it’s mandate to hand over it’s list of alleged perpetrators of violence to the official mediator, for prosecution at the ICC, in Hague.
Therefore, unlike business as usual, the perpetrators of violence will be indicted, regardless of whether they are a sitting president, PM, MP or officer of the law, and solely based on evidence, and without prejudice. They will be arrested wherever they are, whenever it is deemed appropriate by the International Prosecutor, then they will be tried, prosecuted and if found guilty, will be jailed. Remember, there is no death penalty punishment at the ICC.
For once, Kenyans will receive justice. Those found innocent or those left behind will continue to perform the functions of the nation. The clock is ticking, and the guilty need to be afraid, very afraid. Not because it is all hallows eve, but because they know they are guilty.
Joram Ragem, Esq.
Sacramento, Ca.
—
Joram Ragem,
wuod Ndinya, wuod Onam, wuod Amolo, wuod Owuoth, wuod Oganyo, wuod Mumbe, wuod Odongo, wuod Olwande, wuod Adhaya, wuod Ojuodhi, wuod Ragem! (Are you my relative?)
