Wednesday, July 15, 2009

Kibaki as gulty as Taylor & Saddam

How many must Kibaki kill before he can be tried?

Ex-Liberian leader Charles Taylor is on trial for ordering the killing of civilians. Saddam Hussein was executed for the trial and execution of 148 Shi'ites. Kibaki Killed thousands. Under Kenyan law, killing one person leads to the gallows.

THE HAGUE, Netherlands, Sun Jul 12, 2009 7:24 am ET: Prosecutors say Taylor commanded Sierra Leone rebels responsible for the atrocities from his base in the neighboring West African nation of Liberia, where the former warlord was the elected president. Saddam was brought to trial under the Iraqi interim government set up by U.S.-led forces.

On November 5, 2006, Saddam Hussein was convicted of charges related to the 1982 killings of 148 Shi'ites, suspected of planning an assassination attempt against him, and was sentenced to death by hanging. Saddam was executed on December 30, 2006.

The International Covenant on Civil and Political Rights (ICCPR), 1967 recognizes the right to life. Article 6 declares: 6(1) Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

The African Charter on Human and Peoples’ Rights declares:
Article 4: Human beings are inviolable. Every human being shall be entitled to respect for his life and integrity of his person. No one may be arbitrarily deprived of this right.’

Kenya has ratified the African Charter, but has not provided through legislation for its effect under her municipal law. Having ratified ICCPR, Kenya is obligated under its Article 6 to take measures to restrict arbitrary murder of citizens by state agents. The president of Kenya cannot lawfully give shoot-to-kill orders unless a state of emergency is in effect.

Kenya has ratified the Rome Statute establishing the International Criminal Court. The jurisdiction of the court is limited to war crimes, genocide and crimes against humanity – crimes considered to be the most heinous universally. The punishment meted by the court upon conviction for any of these crimes, which also constitute gross human rights violations, is life imprisonment. By ratifying the Rome Statute, one could argue that the state has implicitly acknowledged that it would adhere to its laws.

Kibaki committed acts that amount to treason, treachery and promoting warlike undertaking:

ChapterVII - Treason and Allied Offenses
40. (1) Any person who, owing allegiance to the Republic, in Kenya or elsewhere -
(a) compasses, imagines, invents, devises or intends - (iii) the overthrow by unlawful means of the Government; and
(b) expresses, utters or declares any such compassings, imaginations, inventions, devices or intentions by publishing any printing or writing or by any overt act or deed, is guilty of the offense of treason. 2) Any person who, owing allegiance to the Republic -
(a) levies war in Kenya against the Republic; or (3) Any person who is guilty of the offense of treason shall be sentenced to death. 42. Any person who -
(a) becomes an accessory after the fact to treason; or
(b) knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the Attorney-General, administrative officer, magistrate, or officer in charge of a police station, or use other reasonable endeavours to prevent the commission of the offense, is guilty of the felony termed misprision of treason and is liable to imprisonment for life.

Kibaki then commits Treachery, violating section. 24 of 1967, s.4. 43A, by inviting Museveni to wage war on Kenyans. Any person who, with intent to help the enemy, does any act which is designed or likely to give assistance to the enemy, or to interfere with the maintenance of public order or the government of Kenya, or to impede the operation of the disciplined forces, or to endanger life, is guilty of a felony and is liable to imprisonment for life.

Kibaki is liable to be charged for Promoting warlike undertaking, violating 24 of 1967, s.4.44. Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in Kenya, is guilty of a felony and is liable to imprisonment for life. The Shoot to Kill Order by Kibaki constituted murder under Kenyan Penal code and is a crime against humanity.

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