President Kenyatta should be accountable to the people of Kenya and not the ICC. Hence, it is the Kenya legal system that should provide the victims of the post-2007 elections justice and not the ICC. That said, it is true that present Kenya legal and judicial institutions are either unwilling or unable to administer the necessary justice. Nevertheless, the solution to this quagmire should not be the outsourcing of justice to the ICC. Instead, Kenyans (and perhaps, with external assistance--from the AU, and others) should try to reconstruct and reconstitute their domestic legal and judicial system to enhance its ability to effectively and fully undertake the necessary prosecution of individuals accused of crimes committed within the country's borders. It is the constitutionally-mandated function of a government to deliver justice to its citizens and do so in a fair and judicious manner. Outsourcing justice to the ICC, no matter how attractive that option may appear at this point in time, will not serve the long-term interests of Kenyans.
On Thu, Feb 6, 2014 at 9:39 AM, Olu Abejide <mystock@ymail.com> wrote:
’s all over bar the shouting, and a few more tedious court proceedings. Unless something drastic changes, Uhuru Kenyatta will not face trial at the International Criminal Court – and the thousands of victims of Kenya’s 2007/2008 post-election violence will be denied their chance to see justice done.--Wednesday was supposed to be the first day of his trial, in which he would defend himself against charges of indirect complicity in crimes against humanity for his alleged role in inciting, organising and funding the violence. It was also going to be a milestone in international justice: the first time that a sitting head of state faced an international court on charges of this severity.
But Kenyatta didn’t show. He didn’t need to. The prosecution case had already unravelled to such an extent that instead of arguing for and against his innocence, the lawyers present were squabbling about whether the case should go ahead at all. There was one thing they could all agree on, however: with the current collection of evidence, there’s no way that Kenyatta’s guilt can be proved.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
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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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