A LETTER TO KENYANS

Dear Kenyans,

Yesterday I wrote a letter of concern to ICC Chief Prosecutor Fatou Bensouda and with it I was slapped with a backlash from a section of furious Kenyans who, in their wisdom, thought that I was driven by selfish ambitions and that my intentions were shenanigan in nature. Abuses were hurled at me by others who thought that I was paid to write the letter. Well, I am a Kenyan, apart from exercising my freedom of speech, I am also concerned. Am concerned about my tomorrow.

In the letter I did not mention anything to do with exoneration of the suspects but rather advocated for a domestic process which will not, in the near future, put the country in an awkward state. However, today, in our quest for a peaceful Kenya, let us face the facts, dismantle all the baseless thinking with found premises. In reference of the above, may we fast-forward our nation to 1^st May 2013.

We are just from a hotly contested election. One of the two suspects wanted by the ICC for crimes against humanity has been made occupant of the house on the hill. Then, Bensouda, comes knocking. Here is my hypothesis. No one will fight so hard to be President, then just walk into the ICC for trials. Of course he will not cooperate. He will attribute his problems to the West. That is the time you will hear Kenya withdrawing from the Rome statute. And in all that scenarios, Kenya will be declared a Pariah nation, just like Sudan whose President is wanted by the ICC but has clinged on to power. Investors will of course shy away, those already in Kenya will start packing. Unfound ideologies that Kenya can survive without the Westerners will dominate the air. It is a fact, that we are still crawling. Our economy is still dependent on donors. If you remember his statement in Kasarani, Uhuru Kenyatta said, “Mimi sina haja nao” he did not say “Kenya haina haja nao”. You and I agree that the West are still our godfathers, at least for now.

Now, back to today, it is undisputed that the ICC euphoria has made Uhuru and Ruto famous. It is a muted acclamation that the joint candidature of them can win presidency, to that even Political analysts agree. If I was to give my opinion, I would urge them to postpone their ambition to 2017...or is it 2018. But since they have already invested vast resources to their campaigns, they will stop at nothing. That is where my argument chips in. The 2007/2008 violence is still fresh in our minds. I, like you, want to see the victims get justice, justice which the system could not provide then, not now that we have a formidable judiciary. The ICC, is meant for failed states, those who cannot handle judicial matters on their own. We are a autonomous nation, we have transformed our judiciary after a hard fight from activists, lawyers,media and the public. Before we show our dirty linen to the world, local detergents can wash them and avoid the same.

Nonetheless, the two, even if they get a jail term, will peace return? Will the Kikuyus shake the Kalenjins? I guess not. It will be even worse if one of them is found guilty with the other one set free. I concur, with Musalia Mudavadi on the PEV matter. Ocampo, did shoddy wok, that is why Bensouda came, they want the Government cooperation to secure vital information which according to me, might as well open a new chapter of the whole thing. ICC is striving to remain relevant and that is why it is so keen on Kenya, not Zimbabwe nor Uganda.

Finally my dear Kenyans, let us think about the future. Think about your grandchildren. We are fast approaching the March 4 general election. Anxiety is high.The ICC factor is lingering around. We live in a fragile environment where one stone, can change our country to the worst era ever. As we think of getting justice for our victims, let us think on the repercussions of the same for our nation. And basing my argument on the above premises, I strongly feel that the ICC should distance itself from Kenya. Let local mechanisms deal with the matter. If the Judiciary find that the two are not eligible to run for Presidency, investigations should be done and let our sons be charged locally. God bless you all, God bless Kenya.

SAMWEL BORN MAINA

A KENYAN.