Dear Bensouda,
May i congratulate you upon your appointment to take the reigns of Louis Moreno Ocampo as the ICC Chief Prosecutor. Indeed it is a rare privilege that was conferred to a woman. Understandably, as you entered to your office, the diary was dominated with Kenya's PEV cases. Ocampo, after doing shoddy investigations left you a lot of work load. Madam Prosecutor, every dream of a lawyer and prosecutor is to see that their cases win. I know you are determined. You are determined to see that those indicted are nailed.
On the flip side, may i brief you on what has taken place here since 2007. We have healed. We have forgiven and reconciled. The once grave enemies are sharing a roof. Our Government has ensured that Kenya is a haven of peaceful coexistence. We no longer hate each other,, we no longer spit to each other. We are 42 tribes under the umbrella Kenya. That is why, you are hearing of political alliances. They are ingredients of a peaceful Kenya. Can you imagine A Kikuyu voting a Kalenjin and vice versa? Yes, the scars are healed, we are determined to see our nation prosper.
Your presence however, is sending chills down our spines. Before we reconciled, hatred dominated. You have come to open a pandora box which we were willing to throw into the ocean. I believe, the witnesses at the ICC are from the warring tribes. Their submissions are likely to hurt our coexistence. Infact, instead of solving the problem, it might trigger more problems. Why do we use fire to quench fire? Most of the fighting took place in the Rift Valley. And am not shy to say that it was between the Kalenjis and the Agikuyus. The two tribes under the auspices of their leaders have reconciled. The hatred is no more. That is why Ruto and Uhuru are ready to work together. That is why Ann Njeri easily dropped sexual charges against Ezekiel Kemboi. We, are doing something to heal ourselves.
Yes, we all are happy to see justice rendered to the victims. But at what cost. Madam Prosecutor, your timing is bad. The ICC cannot send you to Kenya when campaigns are heating up. When we are about to elect a new President. When two of the suspects are criss-crossing the country winning the hearts of many. As you know, the opinion polls are favouring the joint candidature of the two. One of them is likely to be President. They are famous! That is undisputed. Do you think their fans will sit back and watch their masters taken away? No! They will fight back. We need a peaceful nation, we do not want unnecessary anxiety.
Our judiciary has undergone major changes. Even the might are being locked behind bars. That is why i think Kenya is ready to handle her domestic problems. ICC, is only meant for the nations that lack proper judicial systems. It is preposterous that the ICC does not appreciate the progress we have made as a country in transforming the Judiciary.
May i finally ask you to urge the ICC to distance itself from Kenya, at least for now. Allow Kenya to form a local tribunal, if it fails, then you will have all the justification of returning. But Eastern Africa still needs you. Sudan to be specific. Concentrate on Bashir before coming to a democratic Kenya. I am writing this letter becasue i mind of my future here. I want to prosper. I want to have a happy family. That can be achieved if we remain in peace, like now. Not after you take the four. My university lecturer taught me that, one can smell a crisis. She taught me that a crisis can be curbed at an early stage. We are lucky because we are at an early stage. Leave Kenya to determine her own destiny. We can even go for a referendum if need be.
Thank you and safe journer to Netherlands. Say hello to Ekatrina Trendafilova. Tell her we named our kids after her when she was busy confirming Ruto, Uhuru, Sang and Muthaura.
YOURS SINCERELY,
SAMWEL BORN MAINA.
A KENYAN FROM THE ABAGUSII TRIBE.
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