See how the big boys run from the ICC's small axe

Nothing ever proceeds as expected in Kenya. Our politicians and bureaucrats are masters and mistresses of double-speak — appearing to do the right thing, while quietly undermining whatever process is underway.

Look how the International Criminal Court’s investigation into the 2007-2008 post-election violence has become a game of cat and mouse. Any number of pebbles are being thrown into the public pond to see what ripples result.

Minister of Justice Mutula Kilonzo, out of the blue, states that the passing of the new Constitution and the judicial reforms it supports implies Kenya can now try those with greatest responsibility for the violence itself.

The statement has the desired effect. Public reaction is fast and furious, eventually coming down on the side of the ICC. The public mood having been successfully gauged, the Minister blithely ‘clarifies’ his intentions.

Then, also out of the blue, some Central Province politicians allege that the Gikuyu political leadership is being unfairly targeted by the ICC, soon followed by Minister of Environment John Michuki’s ‘endorsement’ of Deputy Prime Minister Uhuru Kenyatta as the ‘leader’ of the Gikuyu.

Again, public reaction is fast and furious. A sideshow ensues as to so-called leadership of the Gikuyu. But, importantly, the attempt to draw the public into a sideshow about the ICC investigation fails.

Which did not stop another curious event from happening, with one faction of the Orange Democratic Movement, out of the blue, referring to the existence of minutes ‘proving’ the involvement of Prime Minister Raila Odinga’s faction of ODM in the violence.

This ‘revelation’ obviously came far too late to be taken with any seriousness. Those making it know that — which means their motivation is elsewhere. To discredit the prime minister?

Or, more deviously, to place on the table the idea that all factions within the Grand Coalition Government now ostensibly have the same political interests to protect?

FIASCO

Finally came the ludicrous and overly legalistic fiasco over the ICC’s requests for minutes from security meetings and interviews with senior public administration and security service personnel.

The relevant cabinet sub-committee and then the two principals approved the handing over of only those minutes (or portions of minutes) the Attorney General and the National Security Intelligence Service deemed not threatening to our ‘national security.’

As for the interviews, although the government had authorised them, to a man, their advocates claimed the interviews are involuntary and insisted on the application of a portion of the International Crimes Act, ensuring their interviews would take place before a judge.

The judge was duly appointed. Then the advocates insisted the rules of procedure for the interviews be made known — as well as the lines of inquiry of the interviews themselves.
Clearly the point was to be able to present a bland and choreographed script.

Demolishing any utility of both the minutes and the interviews. The Prosecutor’s investigative team must have the patience of Job.

Despite it all, I feel amused by the goings-on. Our political and bureaucratic leadership has, for the first time in post-Independence Kenya, been faced with a problem that will not go away.

Going through this process is no doubt shocking for them — but good for us all. It is the small axe to the big tree of impunity.

BROUGHT TO YOU BY PAMBAZUKA NEWS

* Muthoni Wanyeki is executive director of the Kenya Human Rights Commission
* This article was originally published by The East African.
* Please send comments to [email protected] or comment online at Pambazuka News