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Re: USA Africa Dialogue Series - Kenyatta at the ICC: Is Justice Deferred, Ju...

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I have a different take on the issue of the ICC and President Uhuru Kenyatta of Kenya. The people of Kenya elected Uhuru Kenyatta to govern them and he is accountable to them and not to some unelected body in The Hague. If there is to be a trial of President Kenyatta, it should be carried out by the people of Kenya through their legal and judicial systems. If the ICC wants to help improve the system of justice in Kenya, it should help Kenyans develop the necessary legal and judicial mechanisms to hold their leaders and any other individuals accused of crimes accountable. Justice should be delivered locally and not outsourced to some external agency thousands of miles away from where the crimes are alleged to have been committed. 

I know that some supporters of the ICC are likely to argue that Kenya is currently either unwilling or unable to undertake the necessary prosecutions and that the ICC must intervene to prevent injustice. My answer is that we should determine the reasons for the inaction on the part of the Kenyan legal system and cure them rather than outsource the job to external actors, be they the ICC or some other organization such as the UN Security Council.

We, Africans, must assert our independence by developing the capacities to deal effectively and fully with our own problems. 


On Tue, Jan 28, 2014 at 11:47 AM, <MsJoe21St@aol.com> wrote:
Most people will prefer a cerebral approach to a court case and evidence is paramount. Maybe your  visceral " jittery "  is due to the fact that you missed where the ICC admitted that its evidence does not rise to a hill of beans? So why are you smelling rats?
 
 
 
In a message dated 1/27/2014 7:00:16 P.M. Eastern Standard Time, mystock@ymail.com writes:

I am getting a little jittery over the repeated delays, postponements and all the backpedalling talk about “false evidence” and “lying witnesses” in the Uhuru Muigai Kenyatta International Criminal court trial. I don’t want to say I smell a rat but I feel like I am getting a whiff. Is the stage being set to let Kenyatta off the ICC hook?

There has been feverish efforts to defer, delay and dismiss Kenyatta’s prosecution as a sitting head of state since January 2012 when the International Criminal Court’s (ICC) Pre-Trial Chamber confirmed charges against him. In May 2013, Kenya’s Ambassador to the U.N. Macharia Kamau filed a 13-page “Confidential” letter with the President of the UN Security Council seeking to take the Kenyatta case out of ICC hands and directing it to relinquish jurisdiction to Kenyan courts. In the same month, Hailemariam Desalegn, the ceremonial prime minister of Ethiopia and rotational chairman of the African Union, went on the warpath accusing the ICC of going on an African safari “race hunting” black African leaders. In June 2013, the ICC delayed Kenyatta’s trial until November 12 having determined Kenyatta’s defense team needs adequate time to prepare for trial. In September 2013, Hailemariam formally demanded that the ICC drop charges against both Kenyatta and Ruto. At the 68th UN General Assembly, Hailemariam hectored that the ICC is undermining the “ability of the Kenyan leaders in discharging their constitutional responsibilities” and that dropping the charges “is very critical to support the peace building and national reconciliation processes in [Kenya].”Read More

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JOHN MUKUM MBAKU, ESQ.
J.D. (Law), Ph.D. (Economics)
Graduate Certificate in Environmental and Natural Resources Law
Nonresident Senior Fellow, The Brookings Institution
Attorney & Counselor at Law (Licensed in Utah)
Presidential Distinguished Professor of Economics & Willard L. Eccles Professor of Economics and John S. Hinckley Fellow
Department of Economics
Weber State University
3807 University Circle
Ogden, UT 84408-3807, USA
(801) 626-7442 Phone
(801) 626-7423 Fax

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