Has the ICC turned into the International Centre of Comedy?

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MOSES KURIA

Observing the measly performance of the prosecution at the confirmation of charges hearings in the case of William Ruto, Henry Kosgey and Joshua arap Sang, I was left wondering whether we should not have globally legislated standards of idiocy.

With the likes of Moreno Ocampo in the prowl, we need to have the benchmarks of idiocy so that the world is saved the valuable time we need to solve the problems of hunger, poverty, disasters, hurricane Irene, global warming etc.  I concur fully with defence counsel Kioko Kilukumi at the hearings that the only good thing with Ocampo is creativity.

Which brings me to the most ridiculous allegation that Ocampo makes in the case against Francis Muthaura, Hussein Ali and Uhuru Kenyatta, namely that the symbol of our nationhood, the official residence of our Commander-in-Chief was the mobilisation point for Mungikis, where they were issued with military uniforms and military vehicles.

For the undiscerning, State House has a staff contingent of over 1,000 staff from all the communities of Kenya.  How such a massive undertaking can take place without being noticed by any staffer can only be attributed to Ocampo’s award winning creativity. Among the dates the Mungikis were supposed to have held a guard of honour at State House is December 30, 2007.

It is imperative to note that this is the day that President Kibaki was sworn in.  I was one of the guests at that swearing-in. I was driven to State House in the official vehicle of Hon Martha Karua. At State House I recall meeting so many people including Mwai Kibaki, Uhuru Kenyatta, Francis Muthaura, Peter Kenneth,  Martha Karua etc. With reflection, I am pretty certain that when Ocampo refers to Mungikis in State House he may be referring to me and Peter Kenneth while the military vehicles must be confusion with Martha Karua’s Green Prado that drove me to State House!

In any case, by invoking State House in his theory, the good novelist that is Ocampo has inadvertently changed this case into one involving a state party. I do believe that the competent defence lawyers will raise this issue with the court so that the architecture and conduct of the proceedings can be modified to be in line with cases involving state parties.

I reiterate what I have said in this column for the last one year. Ocampo’s brief is to achieve a certain outcome in Kenya.  His sole mission is to remove some actors from the 2012 General Election so that Raila Odinga can have a very easy win against Raila Odinga.

That is why he ignores such statements by Raila like. “Generals do not go to battlefront” when he was asked in 2008 why he was not on the ground with the protestors. On January 3, 2008 , Raila said on KTN ” What is happening is genocide being perpetrated by a Mungiki gang operating from State House led by  Uhuru Kenyatta.”  For Ocampo to repeat such claims in his case leaves one with no doubt as to where he gets his brief from.

There is also the issue of double standards at the ICC. By the established definition under the Rome Statute, it would mean that those involved in the London riots are also perpetrators of crimes against humanity. There may be some distinctions between the post-electoral violence in Kenya and the London riots, but they are nuances, matters of degree.

One cannot draw a bright line between them.

It will be argued that in any event the British justice system is dealing very aggressively with the London violence, and that as a result the crimes would not be subject to prosecution on the basis of complementarity. The British justice system is ‘willing and able’ to bring those responsible to justice.

But here we encounter another problem with the way the Rome Statute is being applied. The judges at the International Criminal Court have tended to an analysis whereby it is not adequate that perpetrators be tried for any crime in order for complementarity to be addressed.

The theory is that they must be tried for the precise crimes under the Rome Statute. Are any of the teenage hoodlums in London being prosecuted for crimes against humanity? Is Britain failing in its duty to adequately describe the nature of the crimes – and thereby deprive victims of the justice they are entitled to – by labelling the acts using ordinary criminal classifications, such as assault, mischief, theft, arson, vandalism and so on?

Of course we all know that riots in Nairobi and riots in London are not the same thing. Should anyone be surprised that so many of us Africans think the court is focusing its attention unfairly on our beautiful continent?

Finally, I have read that a group of Ocampo’s supporters have threatened to take Pope Benedict to the ICC for the victims of mistreatment by Catholic Priests. Where it comes to my Catholicism, there is no compromise.  If that comes to pass, we will tell Ocampo, in the famous words of Robert Mugabe to keep his Falkland Islands, we keep our Church.

The author is the spokesman of the Party of National Unity. The views expressed herein are his own.

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  • GetSerious

    The only thing that made sense here is that “The author is the spokesman of the Party of National Unity.  The views expressed herein are his own.”

    • Being a reader of capitalfm blogs does not make me a competent member of ICC Pre-Trial Chamber jury on Kenya PEV. I therefore pass no verdict on these MK rambles. However, as a Kenyan interested in justice, I advise my brother to offer himself as a witness then give his testimony in the right forum. I just feel nauseated by this penchant for telling the whole world that we are idiots.

      • Faulu Suba

        Surely, Kenyans do we deserve all this? Don’t we have people within the ranks of PNU that can make better commentaries. MK’s is from the depths of all bankrupties(intellectual, moral, spiritual e.t.c).

      • Funkdak

        hapo umebonga ka watu 0.5..yall are idiots for believing ocampo fairy tales

  • Mazzdark

    What a gasbag, there is absolutely no way of knowing what happens in State House if you are just an invited guest, among many others. You don’t sound very smart bwana.

    • Funkdak

      yu r ryt if yu cant kno then how can yu b sure that the mungiki account is true?? kwa hivyo ni 50-50..judges will decide

      • Localfavourite

        funkdak wacha kuwa predictable!

  • Owinoj

    Moses! Moses! Moses!

  • Bmuswa

    His sole mission is to remove some actors from the 2012 General Election so that Raila Odinga can have a very easy win against Raila Odinga…..are u serious, in other words ocampo is part of his 2012 strategy?

  • Fred

    Doesnt this amount to hate speech?

  • Elijahnyangwara

    When one earns their living by speaking on behalf of an entity that is gobbled together for convenience,this kind of article is GREAT.For a sober ,schooled and objective mind..this is………

  • Anonymous

    You know, Moses Kuria amazes me.  The guy writes junk the same way he talks junk. I know this guy personally by the way. The guy just amazes me with his lack of understanding and comprehension of very simple issues. He opens his mouth without thinking and thinks that everyone is with hi.

    Moses, take a hike.

  • Jonmo The Ram

    Man you are simply daft. This i worse than hate speech, its lack of brains. You are an insult to your being. Innocent kenyans were killed and you think its comedy trying to uncover the truth? Since ICC is comedy to you, how far has your government gone in ensuring justice has been served? Lets face it, you are one of the people who benefit directly from the mess kenya is in right now. As long as your masters are feeding and giving you a bath, you would turn a blind eye to the truth. Shame on you. 

  • obogobogo

    Capital….Capital!!!!, why post such silly articles from disgraseful, myopic brains operating under the burner of PNU and Kikuyu supremacy? How long will it take your editors to learn that such articles/blogs only help fuel hatred? Is the article positive or giving hope to many Kenyans living in slavery as a result of our corrupt political class? How does Raila come in? Stop being foolish Moses Kuria, we will have an election and the people of Kenya….READ people of Kenya, Not Kikuyu, will ellect someone to be their chief executive. Ocampo shall have retired then and will be in Argentina, NOT Kenya.  Hey!! Wake up Kuria. Think. Open up your mind, you have closed it for so so long, it is ROTTEN and smelling SHIT.

  • Apache

    Man MK fortunately you are the Spokesman of PNU – the party the stole elections in 2007 and you attended the dusk swearing-in. Hahahaha to say the least your piece stinks, its hogwash and any reader can deduce who the Idiot is….my guess is as good as yours

  • Anonymous

    Mr. Kuria is suffering from selective amnesia. The nexus between State House operatives and retaliatory attacks in Naivasha is not a product of Ocampo’s creative mind. This connection existed before Ocampo came into scene. It was in Waki report on PEV. Secondly, Ocampo started his investigation way before Uhuru and Ruto declared their interest in 2012 elections. Therefore to insinuate that Ocampo’s sole mission is to remove some actors from the 2012 General Election so that Raila Odinga can have a very easy win is a deliberate misrepresentation of facts by desperate people who are hellbent to gain cheap political mileage. If Ocampo did a shoddy job, as Kuria and his friends would want us to believe, then there is nothing to worry about – Uhuru and Ruto will walk out free. These cases are now before ICC and people like Kuria should get over it and learn to how to live with it.

  • everyone has a right to his own opinion the fact that a kikuyu has ventilated his opinion does not mean its no less and neither does it mean he holds brief for all kikuyus. kindly challenge the article on fact not on the basis of tribal prejudice masked as an opinion.
    in any event this god like reverence for the PM is what is going to be his greatest undoing. ODM did make mistakes that probably contributed to the violence and so did PNU and the ultimate loser was the middle class and lower class citizen not the leaders of the two parties who now break bread at the same table.
    the day the middle class and lower class unite is the day we shall be liberated until then we shall puppets for the puppet-masters who are the elite of this country.   

    • Anonymous

      I wonder who was talking about a Kikuyu? You are really dimwitted

    • Faulu Suba

      Another Kenyan fool only sees and thinks tribe, tribalism and tribesmen. Who has mentioned Kikuyus? MK poured his foolishness as an individual, you have responded as an individual and so do the other individual contributers. 

  • martoem

    Interesting how the critics of MK pour a lot of vitriol into his version of the story, very interesting to note that the same characters are only to willing to defend one RAO, wherever he is mentioned. Its important to wake to the bitter truth, that in every story, there is another side of it. You only become a complete a better placed person, when you agree to see things from the other side of the fence. Moses is simply giving his version of the story, as witnessed by him and others with him. Good job Moses.

    • Faulu Suba

      Martoem, use my responses as an example. Is there any defense or mention of RAO? People who cannot think and analyze issues. The only thing they see 24/7 is RAO phantom. We are saying witnesses need to take the witness stand. MK’s is no version at all. A bloated fool is seeing a serious issue where people lost lives as a joke, a political ping pong between PNU and ODM then another fool only sees and thinks RAO. Bure kabisa!!!

  • Sue Renee

    I begun to make a strong argument about the content and intellect put into this article, but then I stopped when I read the title of the author… A further or detailed response to this article would be a futile attempt at dignifying it. Njeri 

  • Gmuhambi

    Mosses, in his  picture, looks  like  he is nursing  a  terrible  hangover.His  article  depicts  the  same.Someone should  advise  him to sober  up before  he  starts  posting  this  crap on internet!

  • sam kim

    most stupid thinker and most useless article i ever read capital need to bar some articles

  • In Kenya logic dictates if you are worshipping a personality then your intelligence is diluted. The level of sycophancy in this article is astounding. Moses Kuria is willing to go to any length to protect “Muthamaki” There are so many ways you can defend Uhuru without exposing your ignorance. You are comparing apples and oranges when you juxtapose PEV and London riots. PEV had leaders and the foot soldiers were out to kill, rape, maim and decimate a group of people. London riots were a bunch of ad hoc groups of deprived teenagers let down by the system. And in any case the government moved swiftly to apprehend the culprits. You are right on one thing though; for the ICC process to seem credible, they have to issue a warrant to arrest Raila. People killed in the name of Raila, “No Raila No Peace “Mantra.

  • Anonymous

    Crap…..just to say the least. Let the court take its cause, NEVER FORGET THAT THESE CRIMES WERE COMMITTED AND IMPORTANTLY PEOPLE DIED

  • someone has replaced the equally nauseating Ugandan “conflict resolution expert” “Dr.” David Matsanga in blowing a bag of hot air. Like your nemesis Rt. Hon. Prime Minister has advised you repeatedly, don’t tell us about your innocence tell it to the Judges at the Hague.

  • Jamhuritukufu

    Just confess what you know and stop taking us round circles or better still you should have accompanied son of jomo to the ICC as a witness. What are you expecting from this shallow story?

  • baru

    when the comments make a better read than the post…

  • The meeting is alleged to have happened on 28th January swearing was on 31-012-2007. Why dont we wait and see how things will proceed boss. Do not jump the gun.

  • Pedro duro

    I was also in statehouse for the presidential swearing-in ceremony, not far from PK, I don’t recall seeing Moses kuria and some of the people he has mentioned. 

  • Guest

    What nonsense!!! I guess the next article will state that no violence actually took place in Kenya. I wish he would provide evidence for his wild assertions.

  • Moses I have been following your columns but on this one i will say “UMEBEAT” are you speaking from PNU point of view or from your own personal view?

  • Kanyatieno

    and who said that you Moses Kuria and Peter Kenneth cannot be mungikis? If you were the only people in the state house at the time mungikis were spotted there then clearly you are the mungikis

  • Senoritadoroda

    The reason as to why The Ocampo six were taken to Hague  was because the government failed to establish an efficient system to prosecute the Ocampo six.Initially we had three options the truth justice and reconciliation committee,the local tribunal and Hague.And when the government failed to establish either the TJRC or Local tribunal  for the last three years then Ocampo took action.Some of the people like Ruto publicly declared that they would rather go to Hague.But I do agree that the Hague has not only become a comedy theater but also the latest tourist attraction site.For more on ICC and drama click on http://www.tusijisunde.com/2011/mr-nyachae-be-reminded/

  • Funkdak

    very strong evidence that Maina “DIAMBO” was head of mungiki millitary wing..no evidence against Kibaki although he chaired Mungiki meetings in state house..strong evidence that the late prof Wangari Maathai(RIP) was mungiki..this is only the tip of the iceberg suspects..their will be more solid evidence during trial..looooolest

  • Localfavourite

    In kenya ,even opinion is ethnicaly thought,kama mtu wa kabila yangu yuko icc,nakashifu Icc? jamaeni !

  • Luvinzuantoney

    a witnes’ view point is never the eventual verdict.thats ur take on the whole hague thing and apparently ua so pedestrian to say the least.the list bearing the names of these suspects was drafted by one philip waki who for ur information doesnt hail from nyanza.whoever handed the envelope to ocampo wasnt raila but mr annan.come out clear and tell us what role raila played.ur argument is very unfounded.

  • magwada

    MK has forgotten that kikuyus suffered more than anybody else during the PEV.Like someone next to power ,he only thinks of how they will secure power whether people die or not.Don’t be suprised because they’ve never thought of anything in life other than sticking to power.

    By the way,I wonder why he should repeat whatever is already said in the hague knowing too well that everybody is following to the later…..this is foolishness and you think you’re doin’ great.If you really bellieve in the rule of law,as a spokesman,whom are you testifying to ? Go to hague and take a stand.Ask yourself, how can a normal person kill a neighbour without having had a grudge with him simply because of stollen votes or simply because RAO called for mass action?

    RAO was detained and charged with treason and was aquited by the same government after being cleared,why not your …..or you think your noise will confuse occampo to drop the case,mjinga.

  • Magwanda

    And what makes MK think everybody at statehouse is loyal to them?What if one of you was a traitor or what if someone was there to spy?You’ll look foolish when the truth will finally prevail.

  • Ssn Up44

    U are not a Loyal Citizen boss.Your blood  test long overdue.

  • Dannderi

    Well written MK

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