tag:blogger.com,1999:blog-32060070.post6336566733131557936..comments2024-03-28T10:14:04.854+03:00Comments on Gathara's World: The ICC's Dilemma In Uhuru, Ruto CasesGatharahttp://www.blogger.com/profile/05615274760892257015noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-32060070.post-82971573105363455972014-10-17T19:08:55.309+03:002014-10-17T19:08:55.309+03:00Anthony Muhindi,
First, the ICC was set up to try ...Anthony Muhindi,<br />First, the ICC was set up to try those most responsible. The masterminds, if you will. Just as the ICTY is trying a few people for the deaths of thousands. The idea of "madness of millions" is crap because even the NIS said the violence was organized. You may want to ignore that because of your current politics, but it doesn't make it less true.<br />Secondly, there will be no real peace without justice. We have tried the "accept and move on" path before and if you read the TJRC Report, you will find that it has not brought peace.<br />Finally, the court has already ruled that the prosecution is entitled to the information it is seeking. The judges will rule further on whether GoK is cooperating or not. Let's not pre-empt that. They will further decide on what to do about it and the case. <br />You cannot argue that the prosecutions are a waste of time and call for more. It betrays that all you are interested in is the outcome. Not whether that outcome is procured in a way that is fair and just. Or you fail to understand that the point of a court is not just to convict but to proffer the accused a forum to challenge the case, which Kenyatta has done handsomely. It is when the process is subverted, whether by the corruption of witnesses (by either the prosecution or defence) or the non-cooperation of those obliged to cooperate, that we should be outraged. The cases are not a waste of time just because Uhuru will walk. They have established an important principle. That the Presidency is not a shield behind which to hide. They have also shown some deficiencies in the ICC system which need to be fixed if we're to hold powerful people to account. And that was the point of my piece.Gatharahttps://www.blogger.com/profile/05615274760892257015noreply@blogger.comtag:blogger.com,1999:blog-32060070.post-56231801251317817162014-10-17T09:08:51.541+03:002014-10-17T09:08:51.541+03:00The reason ICC makes no sense is simple.
First, th...The reason ICC makes no sense is simple.<br />First, three people cannot be made to pay the price for the madness of millions of Kenyans.<br />Second, peace is more important than justice. What may need to be found is a way to ensure that on the ground, irrespective of the provocation, people will not gang up against each other. Again getting neighbor jailed or fined because of what they did to neighbor may not help us. We have a bad history, we must live with it. Seeking 'justice' will only make us even more withdrawn from each other, we will return to our tribal hideouts.<br />Third, on the Uhuru case, what is being asked for is information about wealth and telephone records. In these instances the prosecution does not provide the numbers for which information is being looked for, they expect it to somehow get to them, strange! If you want information about a car that hit you, you give the vehicle registration number, from which the ownership is traced. If you asked for all vehicles that belong to me, it is unlikely that you will get the information. Also of what value would this information be for the prosecution? Even telephone records, great as they may be only serve to say you could have talked, does not give the content of what you may have said, so how does this help the prosecutor's case? I wonder! If the prosecution wants to show that there was communication, it means that they have the numbers from the party that gave them the information, and should therefore use these to seek the information that they want, really easy!<br /><br />For the Ruto/Sang case, nothing really has been brought out to make one feel that there is a chance of conviction.<br /><br />All in all, these cases are doing is to waste the collective time of Kenyans. Bad things happened yes, Waki & ICC played politics, Raila & Kibaki should have been the people there!Anonymoushttps://www.blogger.com/profile/16223239488028323130noreply@blogger.com