The two, who have been indicted by the International Criminal Court for crimes against humanity, have been adamant that their names will be on the ballot, the charges levelled against them notwithstanding. And to demonstrate their seriousness, their parties, The National Alliance party, United Republican Party and Deputy Prime Minister Musalia Mudavadi's United Democratic Front party, have just signed an agreement that will see Uhuru or Mudavadi gun for the presidency while Ruto will be the running mate.
Going by the huge numbers that Uhuru and Ruto have been drawing to their political rallies no one can refute the fact that the two command a fanatical following in the country. Some pundits have even concluded that the two leaders have their ethnic blocs under lock and key. The possibility of the two winning the presidency and deputy presidency respectively, if their names will indeed be on the ballot, cannot therefore be dismissed as remote.
Be that as it may, Kenyans must pause and ask themselves whether, in the event of Uhuru and Ruto winning, they are ready to live with the consequences of having a president and deputy president indicted for crimes against humanity. According to the preamble to the Rome Statute, these are unimaginable atrocities that deeply shock the conscience of humanity. The implications of having leaders believed to have committed the most heinous crimes under the sun are not only grave but enormously terrifying. And in the event of their conviction, which cannot be ruled out at this stage, matters are bound to seriously go south for Kenya. Kenyans will live to rue their decision to vote for the two suspects.
Article 27 of the Rome Statute stipulates that, “This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of Government or parliament, an elected representative or a government official shall in in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such person.” By virtue of Article 2(5) of the Constitution which provides that the rules of international law shall form part of the law of Kenya, the Rome Statute, to which Kenya is a signatory, is part of our laws. Article 143(1) of the constitution which immunises the president against criminal or civil proceedings during his tenure in office does not therefore suffice when it comes to crimes against humanity, war crimes, genocide and crimes of aggression.
The question that Kenyans must therefore ponder is: Will Uhuru and Ruto, in the event of being convicted of crimes against humanity and winning the presidency and deputy presidency respectively, hand themselves in to the ICC? The two have been relentless in their insistence that they will fully co-operate with the ICC. But it should not be lost to us that once ensconced in public office as president and deputy president respectively, they will have immense powers at their disposal and the prospect of employing these powers to defy the ICC cannot be ruled out. A classic example is Sudanese President Omar al-Bashir.
On March 4, 2009 the ICC issued a warrant of arrest for al-Bashir indicting him on five counts of crimes against humanity and war crimes. He is accused of among others, forcible transfer of people in the Darfur region, murder, extermination, rape and torture. Since his indictment, Sudan has come under considerable international pressure to arrest al-Bashir and hand him over to the ICC. Saddled with a president who is a fugitive, Sudan is already reeling from the consequences of international sanctions. Al Bashir and senior members of his regime are marked men whose freedom to travel has been severely curtailed.
In October 2009 al-Bashir was scheduled to attend an African Union meeting in Uganda but he developed cold feet following protests by human rights activists. True, he has been to Egypt, Libya, Turkey, Nigeria, Kenya, Djibouti, Chad and Ethiopia since his indictment, but his visits have drawn unprecedented international criticism and each time he travels he has to constantly look over his shoulder lest security officers bounce on him. The countries he has traveled to have also been threatened with sanctions and would think twice before opening their doors to al-Bashir again. Western powers led by the United States of America have also withheld aid to Sudan, cut diplomatic ties and severed trade links.
The truth of the matter is that it is only a matter of time and al-Bashir will be cooling his heels in cells at the ICC. Right now, it is the instruments of power which he commands that are shielding him from the long arm of international law. Once he leaves office, he'll be a vulnerable man and sooner or later, the law will catch up with him.
This is the prospect Kenyans are staring in the face if Uhuru Kenyatta and William Ruto will be elected president and deputy president respectively. Kenya will be labelled a pariah state. Our major trade partners such as the US are likely to stop doing business with us. The millions of dollars that constantly flow into our country as aid from western governments and other aid agencies will, in all likelihood, be withheld. The United Nations, which is a strong supporter of the ICC will also pull out of Kenya with disastrous ramifications.
The millions of UN dollars that go through our banking system will be channeled elsewhere. The sizeable UN staff housed in Nairobi will also move out of Kenya, something that will severely impact on our economy. With the UN out of Kenya, chances are that Vision 2030 will remain a pipe dream. Like it happened to Zimbabwe a while back, inflation will shoot through the roof.
Kenyans intent on doing shopping and other business may have to move around with money in sacks. This will in turn force the vast majority of our people to seek employment in other countries.Loss of skilled manpower certainly portends doom for our country and her economy. At the same time, we will have to live with the awful spectre of a president and deputy president who cannot transact business across the globe since they will be banned from traveling to many countries. Western diplomatic missions in Nairobi and consuls located elsewhere in the country will be withdrawn, cutting diplomatic links with Kenya.
Needless to say, this will result in job losses for Kenyans working in these missions. With a huge number of unemployed Kenyans unable to make ends meet, crime levels are likely to sour making Kenya a notoriously insecure country. During her recent visit to Kenya, ICC Chief Prosecutor Fatou Bensouda, in no uncertain terms, made it clear that the ICC expects Kenya, as a signatory to the Rome Statute, to fully cooperate with the court.
But if Kenya proves to be uncooperative, Bensouda said the ICC will not hesitate to ask member states to impose sanctions. It will be foolhardy for us to take this threat lightly and dismiss it as hot air. The world is no longer a disjointed mass of countries. It is a global village. What unfolds in one country captures the attention of the entire world. No country can invoke the principle of sovereignty to shield anyone from justice.
Kenya enjoys considerable international goodwill and has hugely benefited from the same. The thought of ruining this good reputation should be a matter of great concern to all who love and care for this country. Former UN Secretary General Kofi Annan, former Tanzanian President Benjamin Mkapa, US Secretary of State Hillary Clinton among other senior global figures have not shied away from reminding us the chilling effects of entrusting suspected criminals with the country's leadership.
"What I have said is that certain actions are not in the interest of Kenya and I stand by that. Why should it be in the interest of Kenyans to put themselves in a situation where their relations with the rest of the world is complicated?" Annan said, in reference to the election of Uhuru and Ruto to public office, during his recent visit to Kenya. During her visit to the country, Clinton did not mince her words in telling us that it will not be business as usual if the two are elected to the highest office in the land. With such sound counsel from friends of Kenya, it is only logical that Kenyans supportive of the candidature of the two gentlemen rethink their position.
This is not to say that the two are peculiarly evil men who should be consigned to political oblivion. Far from it. The issue here is the wellbeing of our country. Kenya is bigger than any of us. We cannot afford to jeopardise the welfare of our country just because of two people. Does it mean that no other Kenyan is possessed of the requisite leadership qualities to steer this country up the road of economic, social and political advancement? And if Uhuru Kenyatta and William Ruto indeed love this country as they would have us believe, they should be brave enough to step aside, have their names cleared at the ICC before seeking any leadership position.
Their insistence on running reeks of a well choreographed scheme to defy the ICC once in office. In fact one would be pardoned for concluding that they are actuated by a rugged determination to frustrate the ICC.
This article was published in the Star Newspaper on December 12,2012
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