Wednesday, 02.02.2011 ADDIS ABABA, ETHIOPIA    Category: Media   11 comments


 By Dr. David Nyekorach Matsanga in Addis Ababa Ethiopia.

After a humiliating send off from the Ivory Coast peace efforts and being dropped from the panel of eminent Africans to solve the crisis in Ivory Coast the Kenyan Prime Minister has turned his guns on his own constitution that he helped to mould.  A big rift has emerged between him and President Kibaki on the appointments of judicial heads in the country. At first he claimed that he was not consulted and then he accepted he was consulted. He told Parliament that he was going to speak candidly and he made even more errors on the floor when he said that lists were presented but he was not aware of which list was the correct one.

This comes after the AU had passed a resolution for Kenya to seek deferral of ICC investigations in meeting where most African leaders attended in Addis Ababa. The efforts by some senior members of ODM party to obstruct reforms is a revenge strategy aimed at President Kibaki for having been instrumental in the approval of the resolution at AU where ICC was to be stopped from investigating the Kenyan scenario for 12 months under Article 16 and UN Security Council Chapter VII Article 39, and 40 which empowers the UN to stop any investigations for the sake of peace.  

Those in the fore front are the current Minister of Lands and lawyer by profession who seem to be behind the plot.  Sources close to the government indicate that Orengo whose fortunes and riches have changed from a bankrupt lawyer whose offices were almost closed down by bailiffs to a rich flamboyant minister since 2008 is believed to be upset with the ICC being thrown out in Africa.

It has also emerged that the Prime Minister and his men are out to use the current constitutional stalemate to force and stop the UN Security Council from deciding on the Kenyan case when the deferral is finally presented before the UN Security council in few weeks to come. Those who have worked hard to achieve the deferral resolution intend to move to UN and table the resolution from AU and demand an immediate deferral.

Sources close to Moreno Ocampo the chief Prosecutor have revealed that the ICC in a panic button politics sent the President of state council of ICC to persuade one partner of the Grand Coalition to refuse the moves made by the AU. The courts in ICC also have been put in quandary state by the AU resolution and impeccable source has said the 3man bench in the Pre- Trial Chamber two intends to throw out the case due to bungled investigations and lack of more evidence that was requested by Pre-Trial Chamber 1 of ICC. It is believed that some ministers in Kenya were paid heavily by the ICC to reject the deferral route. It has also emerged that some members in Grand Coalition notably the Minister of Justice Mutula is mole on ICC payroll to kill the move of deferral under Article 16 of the Rome statute of 1998.

Kenyans must understand that these are clear actions of a violent wing of the Grand Coalition “composed of former pro- Marxist turned reformers” that have always lived on mass hysteria rather than normal political methods of any civilized people in the world.  I watched the debate while in Addis Ababa and I was astonished by comments made by some of the MPS especially those opposed to the deferral and who voted for the use of The Hague route.
The questions that have bothered most observers on Kenya are why the same men who want justice in Kenya have turned on the same system to mutilate it to pieces and stop reforms? President Kibaki has shown how caring he is to his people when accelerating reforms  by appointing the Chief Justice, the DPP, and other state officials to prepare the way for justice of the PEV victims.

The actions by these few individuals in Kenya government  shows that an outer hand especially that of the USA has infiltrated the Prime Minister’s side and is fueling a crisis similar to that we see in Egypt and elsewhere in the world. African must be aware of the silent hand that has been eating their nations from the USA yet the same country helped to mould the situations that we seen in countries like Kenya and Egypt. 

The ICC remains an institution that can bring Justice too many parts of the world but the tainted image created by the dirty methods o the Chief Prosecutor Moreno Ocampo will strike a death nail if the UN Security Council refuses to endorse the second request from Africa.  I have watched and said time and time again that Africans fear constitutionalism and the example the Kenyan Prime Minster is portraying is not far from it. The bungled Ivory Coast mediation is an indicator that many Africans have no clue on how to resolve their conflicts peacefully.

Therefore the obstructions to constitutionalism in Kenya by few individuals must be condemned by all those who have worked hard to mould the constitution of August 2010. Kenya needs that time to put its house in order before it moves to bring in a tarnished Moreno Ocampo and ICC. We appeal to Kenyans to choose between street politics to intelligent demand s of reforms.  Time will judge whether actions by the beleaguered Kenyan Prime Minister will help the speed of reforms in Kenya.


Photos Source: Kenya-news




About me

Name:David Nyekorach - Matsanga (PhD)
Work: Publisher, Owner, Chairman of Africa World Media Ltd Specialist: Political Science, African History, Governance, Democrary, Great Lakes Region, Conflict Resolution, Media Impact on Africa, International Management and Lobby work
Location: London, Surrey UK

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