Wednesday, 25.01.2012 Nairobi, Kenya  Category: Media    0 comments


1.  Africa World Media Ltd a London based Think Tank on African affairs welcomes the decision by President Kibaki of Kenya in creating a legal team to advice and formulates a strategy for the way forward on the ICC ruling on the PEV cases that are before the ICC. We also welcome the announcement by Kenya's Attorney General that  consultations are being made towards the formation of a Special Davison of the High Court that would try most of the PEV cases of 2007- 2008. We thank President Kibaki for the quick wisdom on the matter.

2.   We want to state that our position is from international perspective and has nothing to do with some Members of Parliament in Kenya who oppose the setting out of the legal team. For the last 3 years as an African (myself) and more so an East African who has been affected by ICC intervention  in  the  Kenyan situation, I have maintained  that  Kenya needs 'a redemption strategy" that will keep off internationalhawks that have destabilized most African nations. A Special ICC domesticated division of the High court will deter Mr. luis Moreno Ocampo and the ICC from  further  incursions into  Kenya and will be redemptive  for any future  undertaking between Kenya and ICC.

3.  The people of Kenya and Africa want to see the ICC matter in Kenya resolved and justice found for both victims and suspects ofthe PEV of 2007-2008. The desire for-restorative mechanisms in Kenya is now higher than before. The demand for comprehensive investigations in the matter of ICC is more urgent than the retributive methods of the ICC. The surrogates of ICC in Kenya (the NGOs) that have survived on African blood must not be left to determine the destiny of Africa. Kenya needs to reconcile and heal its people from the PEV trauma that has created a gulf of differences and polarized opinion ofthe people of Kenya.

4.  It is therefore clear that any sycophantic flattery and hyperbolic praises on the cases endangers the already fragile situation and further  anguishes the traumatized suspects and victims that have gone through a flawed investigation of the Chief Prosecutor Luis Moreno Ocampo.  The Kenyan cases are politically motivated and any half hazard legal approach would bring further confusion. We warned the nation that Luis Moreno Ocampo would use all means to touch the Temple of leadership of Kenya which is the Presidency. We therefore must prepare African people through the AU to soldier on by defending the legacy of President kibaki which is being soiled by erratic and impulsive outgoing Chief Prosecutor luis Moreno Ocampo.


5.   We note with regret the decision by Attorney General of Kenya for inclusion of some well known international experts  on the legal team. Some of the individuals have personal interests in ICC. We recognize the need for experts to assist President Kibaki and the Government to find a way out of the legal quagmire that has surrounded these cases but to pick those that have already condemned suspects is tantamount to suicide. The team has some members who have publicly advocated for ICC confirmation of the Kenyan cases.The same are on record via national and international television; local and international media for having personally demanded and made remarks that Uhuru Kenyatta, Francis Muthaura  resign and William Ruto and other suspects be brought on trial in The Hague.

6.  The legal team under  the  guidance of  Attorney  General must not  only  look at the  legal implications  but  also assess  the  political pressure coming from  USA and some European countries as the Kenyan cases have more political undertones than legalmusic that we sing day and night in Kenya. Legalities in Kenya have overshadowed political reasoning in the cases,yet the cases are full of international politics that will determine their final destination.

7. The ICC debate in Kenya suffers from self censorship that the majority of those around these cases are so blind to danger,deaf to advice and impervious to common wisdom that shows clear crisis ahead of us. The signs of a political hand in the Kenyan cases are written on the wall. It is on record that admissibility under the Rome Statute of 1998 "without a redemption strategy'' and it is waste of Government resources and doomed to fail from the word go. It would also affect and kill early chances of impending Appeals of the individual cases of Uhuru Kenaytta, Francis Muthaura, William Ruto and Arap sang.

8. As long as the missing links of "redemption strategy" on the ground are absent the  Appeal Chambers of ICC  will always uphold  what Pre- TrialChamber 2 has done.This Is because the cases are political not legal cases. Those riding on the falsehood that the Ocampo will not include more charges and more evidence that could suck in the institutions  of the state of Kenya are misleading the Government. Under Article  61 Ocampo will mount  more robust evidence given that he was bruised and wants to leave a legacy of toughness. He might reach the Apex of the leadership of Kenya.

9.  The Kenyan cases must be handled in a two pronged routes. Government of Kenya must mount an international onslaught using Chapter VII of the UN Charter articles 39, 40 that speaks of threats to peace as the confirmations themselves might  became or have already became a threat to peace in the year of elections in Kenya. Deferral under  Article 16 of the Rome Statute where apoliticalruling like that on 23'd January 2012 would plunge the country into a crisis and threaten regional and international peace .

10. Kenya is fighting AI- Shabaab insurgency and its peace is already threatened by incursions of terrorists. Adding ICC indictments at the moment would kill the fragile peace and therefore the AG team must also look at the UN route since those countries that vetoed the first attempt are today fighting alongside Kenya in Somalia. Suspension for 12 months of the ICC proceedings under Article 16 will give Kenya a chance to prepare to finalize its agenda number five and prepare for free, fair elections that will create a repeat of 2007-2008 PEV.

11. Despite the few set backs on the ICC debate in Kenya our organization has been encouraged by the quick and timely response that President Kibaki has exhibited matters of ICC. We hope the Attorney General of Kenya will weed out "double -edged elements" in the legal team and focus on these cases knowing very well that they have ingredients of political expediency. If we mess the Appeal in the ICC Chambers then there  is a big Tsunami that awaits those affected in The Hague. If we are wrong time will tell.


Dr. David Nyekorach – Matsanga.
Africa world Media Ltd. Chairman /CEO
Surrey England

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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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