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Ocampo talks as Obama backs Annan
Ngalaka
#11 Posted : Monday, June 22, 2009 9:58:00 AM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
Hague option no doubt has its shortcomings - that include,but not limited to enforcing arrests - having to rely on signatory -countries to handle that for them.

That aside,as Kenyans interested in bringing the hitherto untouchable walahai to book,the Hague route represents a real challenge to the impunity that has been holding in Kenya for far too long now.

We are aware that once the suspects are indicted,Kenya,as well as all other countries that have ratified ICC,are duty bound to arrest and transfer them to ICC.
If Kenya fails to honour what they are signatory to,there are ramifications that come with it.
Further,assuming Kenya fails to arrest them,then they would be condemned to sticking within the borders of this country,as any venture out will see them promptly put on KLM flight to Amsterdam,pending a road transfer to Hague.

If one can not travel out of Kenya,they would be ill qualified to occupie any meaningful public office.
Such are the inconviniencies faced by the fatcats,that make us the commoners be thrilled by the Hague option.
After that,never again will a demagougue organise/bankroll terror by Kenyans targetting fellow Kenyans.

Things arent always the way they look like
Isuni yilu yi maa me muyo - ni Mbisuu
Prof.J.T.Ouma
#12 Posted : Monday, June 22, 2009 10:28:00 AM
Rank: Member

Joined: 2/1/2009
Posts: 31
Mr. Ngalaka,lets put aside the intricate arguments and try to apply a little wisdom,OK.

All the well meaning people involved in this thing have asked for a local tribunal. Anan insists on one even after the expiry of the Wako deadline,he has studied the situation with the benefit of a strong team of advisors. Kibaki and Raila as well as Martha Karua insist on one,they have strong advisors too and opinions on the issue. Ruto and others now yell 'the hague'. I can assure you once Obama reveals his well thought opinion,he will push for a trial at home. Why?

Only a trial at home will suffice,i can use a whole 10 pages trying to show you why,but what does simple wisdom tell you here......follow the way of the wise,those who have passed this route before

Lets not unnecessarily split views and argue on what should be a consensus to the issue at hand for us to move forward.

Thanks
Prof

ODM
Ngalaka
#13 Posted : Monday, June 22, 2009 11:16:00 AM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
The ideal situation would be a justice meted out right on our soil and by ourselves.
But then,given what's prevailing,that remains a pipe dream.
In that scheme of things we cry out to Hague to come and take them away,i.e the fat cats who comprise government.

Hague does not stop us from instituting proceedings of our own,to rein in on the small fry who allowed themselves to be misused to Kill,terrorise,evict,and destroy property.
Merits on local trials can not be over emphasised,but let them be complimented by ICC,so that Ocampo can scratch us where our short hands cant reach.

Things arent always the way they look like
Isuni yilu yi maa me muyo - ni Mbisuu
Bareta
#14 Posted : Monday, June 22, 2009 11:41:00 AM
Rank: Member

Joined: 11/5/2008
Posts: 86
Ladies and Gentlemen,

One thing is for sure; that we want to see the perpetrators of the PEV tried and punished for crimes against humanity. What differs here is our prefered route to it.

Waki,Ocampo,Annan,Obama,Raila and many other Kenyans favour the establishment of local tribunal to try the suspects. These are all people of wisdomand I too agree with this position.

However,the worry most Kenyans have and I share the same sentiments is impunity and interference by the state machinery and the fatcats. These may derail the efforts no justice being done at the end. We saw this in the initial attempt at Parliament to establish this tribunal. We have seen commissions of enquiries spend billions of tax payers money and nothing done. We do know how the justice system works in this country and we are not keen to have them handle such a sensitive issue. Moreso majority of the suspects are in the current parliament and holding senior positions or are in the state security machinery at senior positions. A different regime would probably handle the trials better the current. How can they try and convict themselves??

The trial in Iraq took place under a different regime,and so is Rwanda. Even Al Bashir may be tried at home by another regime.

These are our fears which inform the overwhelming support for the Hague option. Not that it is the best,but atleast it is better than our local systems.
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