from: George Kaggiah

The leaders who formed the ICC will be remembered as great men and women who thought aboutholding people at high places to account when they committed atrocities against their own or otherswithin their influence.

ICC was intended to try criminals who had committed known crimes against humanity and who couldnot be tried at home. The criminals deserving the attention of the ICC are the notorious criminals whohave in no doubt committed atrocities which are clearly observed, talked about are indeed attributableto them. In most instances these criminals are heads of state or military leaders who turn to crime uponreaching the zenith of their power.

President Uhuru Kenyatta and Deputy President Ruto do not fit any of the known descriptions ofcriminals and the emergence of their names from a mysterious and curious secret envelop whosecontents and handling remains strange, has baffled many and is the first of its kind in the history ofjustice in Kenya; the envelope. It has been said that the actual instigators and perpetrators of the crimeswere missing from the secret envelop and thus the secrecy.

It is also important to note that these are the most popular leaders with the Kenyan people who, inexercising their democratic rights chose them as their President and Deputy President. The KenyanPEOPLE exercised their rights as enshrined in their constitution and chose them to LEAD theGovernment of the PEOPLE by the PEOPLE for the Kenyan PEOPLE.

The collective action of the Kenyan People in electing them President and Deputy President clearlyshows that the Kenyans have given them the mandate to lead them and represent them in the variousinternational fora as may be necessary in discharging their duty.

It is remarkable that even after achieving this new status and important responsibilities at home andinternationally they openly humbled themselves to God. They have also continued to be humblethemselves and to subject themselves to the ICC where they could become the subject of ridicule and embarrassment without recourse because the dock does not invite respect and sensitivity. It has beensaid that some of the witnesses were bribed and may tell falsehoods against them. It has also been said that the ICC is serving the political interests of some drivers and are therefore not pursuing justice.

The position of the Head of State and the Commander in Chief of the Armed forces are very important inany country and Kenya is no exception; this is not a Person to be exposed to chance and hope that thoserelating to him will observe protocol. He is to be protected from all visible, perceived and probablethreats and allowed the flexibility to maneuver as he keeps awake to various situations affecting theNation and responds to them from whatever vantage point he finds appropriate. This is as it should befor all Heads of State.

It is worth noting that in July 2011, Prime Minister David Cameron cut short his visit to Africa by aroundseven hours to allow himself time to prepare to address MPs about the fast-developing phone-hackingscandal (The Independent Monday 18 July 2011)

In December 2012, with a yearend deadline looming before the economy going over the so-called fiscalcliff, President Barrack Obama cut short his traditional Christmas holiday in Hawaii.(ASSOCIATED PRESS Wednesday, December26, 2012)In July 2009 Chancellor Merkel cut short an Afghanistan troop visit (DW, 2009).

These are but a few examples of the extreme freedom that Heads of states, without exception, need torespond to the constantly changing situations in their countries and discharge their duties effectively.

The processes at the ICC and the decisions of our International community friends, who intend topromote the interest of the Kenyan People, should be informed by the events in Nairobi since theelection and the statement by Kenyans in regard to the responsibilities of President Uhuru Kenyatta and Deputy President Ruto, through a democratic process. Perhaps this would be a more reliable revelationof the correct position.

Requiring the President and his Deputy to shelve their status , even for the shortest period, while in thehands of the ICC is equal to temporarily relinquishing their constitutional position in Kenya and exposingthemselves, and the Kenyan Nation, to unknown situations and circumstances and isolating themselves from the Kenyan people.

This would obviously be the first time a Head of state surrenders his power and effectively leaves his country in a situation where he cannot exercise his executive powers, and invites a situation whereignorant or ill intentioned persons may deny him the freedom to serve the Nation for whatever reason.

Is this a position that the International community and friends of Kenya wish to see Kenya in?

Is this a position that Kenyans want to be in?Some people have said that old scores are being settled. Could this be true and who are involved?

The President and the Deputy President committed themselves to protect all Kenyans and uphold theConstitution of Kenya for the Kenyans. What did Kenyans commit themselves to do in regard to the wellbeing of their President, Deputy President and their Country?Is Kenya sleepwalking into a trap?