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Wednesday, May 30, 2012

If Ruto's recent application to the ICC makes you want to cry...


A DESPERATE MAN: Ruto has applied to the ICC
to postpone his trial till after the 2013 election.
You can't miss reasons to laugh. There are reasons galore. But for the moment, look for the most hilarious ones because they'll be plenty of opportunity to cry later.
When the ICC delivers its verdict.
Because if you decide to laugh at each and every reason the Ocampo 4 proffer, you may expire due to asphyxiation.
The four are not under the delusion that they are dealing with a Kenyan court, headed by the most acquiescent judge who may agree to write his judgement in a hotel room booked for him in advance. In that case, they would have the cases tried in a court of their choice with judges of  their choice in the tribunal.They would be allowed to nominate the special prosecutor to boot.
Ruto is, his lawyers say, presently in the process of reconciliation to ensure a pacific nature of the election. He had already started it immediately it became clear that his nemesis of the 2007-8 period, Uhuru, was also in the same boat with him. His joint appearance with Uhuru, and the type of decent cultured language they used in the prayer-peace rallies attest to the fact that it was not only Ruto, but also Uhuru, making serious efforts towards reconciliation. It is to the duo's credit that all IDPs, without exception, have been resettled wherever they were hounded out from.
Muthaura's reasons, however, are a tad different. He doesn't give a damn about reconciliation or peaceful elections. He is worried about himself. Attending court in the Hague means a disruption of his life (unlike the IDPs'), stress him (IDPs are too naive to be stressed), and his health may also be affected (IDPs are fit as fiddle). He was kind enough to make his preferred venue known - Kenya or Tanzania.
Ruto and Uhuru's arguments are valid in that the ICC shouldn't wreck the dream of Kenyans to elect one of them as their president, and hence the request for postponement. If a Kenyan court bars them from contesting on ethical grounds, it will be just a matter of disregarding the decision. It will be possible for the judgement not to reach the IEBC and other relevant agencies, too.
The most valid of all is Sang's prayer. Kass FM can hardly do without him during election time. In addition, he may suffer irrevocable loss if the trial is not postponed. All his witnesses, engaged neck-deep  in the 2007 election related activities, are now also neck-deep in the preliminary activities for the 2012/3 one. 
Kenyans  must be thankful to the Ocampo 4 for  being frank and transparent in their moderate appeals to the ICC. Note that they did not specify the bench should have Visram, Gicheru, Ringera and Chunga sitting, and suggested Kilukumi as special prosecutor. However, they regret  it is only after the prosecution surrenders all the witness lists and evidences that they can take a definite decision on whether or not to honour the summons.
Tail piece: The four gentlemen are negotiating with prosecution to admit to a few charges to reduce the time span of 100 years to 99 years and six months. If they could admit guilty to all the charges, it would take only 6 months.

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