The ICC must now leave Uhuru and Ruto alone


The Supreme Court of Kenya has spoken.

I do not understand how they came to their decisions. However we now must move forward. I hereby congratulate President-elect Uhuru Kenyatta on his election as the 4th President of the Republic of Kenya. I also congratulate Deputy President-elect William Ruto who becomes Kenya’s first ever Deputy President. I wish them all the best as they form a new government.

As one of the 5.3 million Kenyans who did not vote for them and as part of the political machinery mandated with ensuring that CORD won, it has taken me a while to recover from the shock of March 9th 2013. I then held on to hope that March 30th could change something; it did not. I have now accepted that on March 4th 2013 Kenyans voted for someone else other than my candidate. I am a democrat and will respect that decision.

The 2013 General Election was directly connected to the ‘un-completeness’ of the 2007 General Election and especially the violence aftermath of the latter. As I have shared before, I spent two years after those two months of national shame travelling around the country meeting various communities in inter-ethnic dialogue forums. The results of these forums was a firm conviction that the only way we would ensure that nothing like the 2007 PEV ever happened again was to institute a judicial process to investigate and prosecute those found to have been behind the violence.

I also believed that Kenyans want to know what happened in those two months.

After watching the difficulties of trying to establish a local process I became convinced that only the ICC would achieve these ends. Two years ago sections of Parliament contemplated removing Kenya from being a signatory of the International criminal Court to stop the ICC process. To counter this, I was part of a highly successful nationwide signature collection effort to rally Kenyans to support the ICC. In less than six weeks we had collected 1.4 million signatures and all attempts to stop the ICC were halted.

After this election I have to accept that I have been very wrong on this issue.

When the Supreme Court confirmed to the whole world that Kenya held a generally free and fair election I had to accept that two years after collecting 1.4 million signatures in support of ICC, 6.1 million Kenyans have stated emphatically that they do not agree with what I assumed was the Kenyan position on ICC. There is no other way to explain how these many people voted for a presidential candidate and running mate who have openly been indicted for crimes against humanity by the ICC.

Basically these election results are telling the world we have all learnt from what happened in 2007; we have sorted the issues and made the political adjustments; we now want to leave it behind us, and to be left alone to move forward. Compare this with the fact that that all these Kenyans were willing to accept whatever decisions the Kenyan Supreme Court came up with, on the presidential petition. Kenyans have clearly voted against the indictments, and the ICC.

Kenyans have democratically closed ranks around Uhuru Kenyatta and William Ruto by making them president and deputy president. The Supreme Court has confirmed that this was done in a fair contest and a transparent process.

The main contenders for the presidency have accepted this decision; the Kenyan people have settled down to this decision, whatever side of the political divide they support; and the international community has acknowledged this decision. Now all of us, not just the 6.1 million who voted for Uhuru and Ruto, or even just the 12.3 million who actually went to the ballot; but all 40 million of us Kenyans, must move forward and support the new president and deputy president elect as leaders of our nation. We have a responsibility to do this as Kenyans.

Now the International Criminal Court must take note and adjust accordingly. Kenya has put two individuals the ICC has indicted into our most powerful political offices. There will be great difficulty should the ICC now wish to parade them on the world stage as international criminals. Kenyans will not take this kindly, neither will they support it. The international community has also been called out on their bluff on possible sanctions and ‘non-essential contact’ claims.

They will not be able to do much on this lest they are accused of using the ICC cases to manipulate Kenya’s foreign policy to their benefit. Locally, it’s clear not many Kenyans will be brave enough to support a process that threatens to interfere with the new President’s ability as the new Head of State.

Kenyans have voted against the ICC and the court must now be asked to leave Kenya’s newly elected president and deputy president alone, to fulfil their new mandates in serving the Kenyan nation.

(Wambugu served as the Director of Political Affairs in the Raila Odinga Campaign Secretariat)

47 Replies to “The ICC must now leave Uhuru and Ruto alone”

  1. I have never agreed with most of your articles but like you put it, it’s time to move on. Just like you, i voted against my community which was in support of CORD, this is what democracy is all about, that people should make independent decisions and not be guarded like goats in support of this or that candidate. Uhuru becomes president for all and his advisers must tell him exactly that.

  2. Kenyans have clearly voted against the indictments, and the ICC. – this situation arose from the fact that the indictments were actually influenced and not based on fact and credible evidence. Apparently witnesses were hand picked and directed on what to say by whoever and ICC investigators failed to spot this in good time.

    One of the key actors in the PEV was Mungiki group which incidentally in their crude ways was responsible to a great extent for stopping the violence. By implementing graphically the policy of ‘you kill one Kikuyu we kill three’ it became counter productive for any other group to kill any more Kikuyus. Up till then Kikuyus wetre being slaughtered like hens.

    But the whole thing began with ‘No Raila NO Peace’ and indeed no peace was violence and who was responsible for that violence? By refusing to accept facts on the ground the ICC case was doomed..

    The Mungiki group from whom witnesses were lined up against Uhuru was the very one campaigning for CORD after joining the alliance. Who brought Mungiki to CORD and why?

    And whose office was responsible for coordinating ICC in Kenya? That is why the case was doomed. The one to be investigated took charge of investigations. It has taken long for Kenyans and the whole world to see this. But now that Kenyans have decided let everyone open their eyes to facts, reason and intellect. Probably for now Kenya should leave the past and consolidate for the future using past lessons as a guide.

  3. ok Mr. Wambugu, why don’t you head off to the IDP camps and tell the people still living there over 5 years later how we have moved on and left it behind us.
    I won’t speak to the innocence or guilt of any of the suspects but we cannot simply say we have moved on and walk away. At the end of the day, someone orchestrated violence that resulted essentially in mass murder and massive homelessness.
    At the end of the day whichever criminals are responsible have to be brought to justice. Even if the ICC finds the remaining 3 suspects not guilty, we have an obligation to those who lost their lives, loved ones and homes to find out what happened and who was responsible. Only then will learn from our mistakes, only then can we move forward.
    Anything but will be setting ourselves up for a repeat of history. And these elections, with the emphasis on peace and the hate-speech fliers that were distributed and the vitriol that was spewed online both on social media and blogs is proof that no, we have not moved on and no, we have not learned.
    Burying our heads in the sand and letting wounds fester will only come back to bite us.
    We have to put forth a message that one cannot commit atrocious crimes and get to walk away scott free

    1. Jango or Whoever , you just took the words off my mouth. Let this so called Traitor walk through the IDP camps not even the Kale ones the Kyuk ones and tell them that 6.1 people voted that they are not IDPs and they should go wherever they want. If he comes out alive then Yes we can..

    2. First of all we human beings draw conclusions without giving much thought to anything. I don’t think the writer of the article is insinuating that IDPs don’t get justice but rather the collapse of the cases being handled by ICC against our recently elected leaders. We know ICC is flawed and the cases against the president and the deputy president are collapsing due to lack of facts and any evidence beyond a reasonable doubt. Kenyans spoke up loudly on March 4th after realizing ICC is all a political show. ICC is wasting our time and adding insult to the injury to those affected. While I agree justice must be served, I don’t think ICC will do anything about it. We need to move on as a country, unite, support our leaders and hold them accountable and also work on bringing justice to all the affected by PEV.

      1. We voted in a general election not an ICC referendum. The ICC and Kenya are two different and independent bodies as such the ICC should in no way be influenced by the election outcome. Whether or not Uhuruto are not guilty is for the court to determine through the correct legal process. There are protocols to carry out and the ICC is not a kangaroo court that picks and drops cases simply because you said so.
        As for the ICC being a political show, they advised us to try and solve the 2007 issue internally and led by Ruto himself the Kenyan people cried “Don’t be vague got to the Hague” but now that it’s not in your favour you want to backtrack.
        Kenya signed on to the ICC statute willingly without a gun to our heads. No one forced us to go there, we chose to ourselves and we have to follow due process

        1. It’s not about ICC being for us or against us it’s about realizing our mistakes, learning from them and moving forward to the next big things. I don’t think we knew ICC was a flawed justice system until we started seeing the cases collapsing one after the other. We did not think ICC was political until much later and that’s why I personally don’t have any faith in them. My opinion is nothing but looking at raw facts they have no evidence to charge Uhuruto. it is a “if the glove doesn’t fit you must acquit” kind of situation. They can’t prove them guilty beyond a reasonable doubt.

          1. The trial has not even begun so perhaps you should reserve your comments until then seeing as we do not know what they can and cannot do.
            Part of learning is following due process. And we will move forward once the case has been heard and the verdict been read.
            This has nothing to do with your own personal opinions and emotions, it is about following a process

      2. Kenya is 40 million….6.1 and 5.something are just a representation and so when reporting mention the fact that ‘50% Kenyans have spoken’…not generalizing that ‘Kenyans have spoken!’ i have not started speaking yet and i am sure there are much more who are yet to speak if they ever will!!!move on move foward, life goes on et el is when you are not affected directly

  4. is the writer of this article begging for a job in a Kenyatta Aministration, a bitch corded should forever remain corded. traitors!!!

  5. lets be real. Kenya choose ICC not ICC that choose Kenya. Moving forward , let me say that there is no tribe in Kenya that is better because the president is from that tribe. Only Gikuyus wants to be Gikuyus, only Kalenjins wants to be Kalenjins, Only Kambas wants to be Kambas.

  6. Indeed you zealously campaigned against the duo(Uhuruto),and I had all the reasons as one of those who supported them to differ with you,especially coz you invoked ICC and sanctions as reasons not to vote them,However am impressed by this turn to the story,and have accepted the verdict of the Kenyan people and the court.And just like you actively mobilised Kenyans against the 2,which is already water under the bridge,I would wish that you divert the same energy towards this noble course of telling Kenyans to support the new dispensation irregardless of their plight in ICC,and equally contribute to this important dialogue that the international community needs to respect the will of the people of Kenya and revisit this cases which has been marred with fraud allegations

  7. Indeed you zealously campaigned against the duo(Uhuruto),and I had all
    the reasons as one of those who supported them to differ with
    you,especially coz you invoked ICC and sanctions as reasons not to vote
    them,However am impressed by this turn to the story,and that you have accepted
    the verdict of the Kenyan people and the court.And just like you
    actively mobilised Kenyans against the 2,which is already water under
    the bridge,I would wish that you divert the same energy towards this
    noble course of telling Kenyans to support the new dispensation
    irregardless of their plight in ICC,and equally contribute to this
    important dialogue that the international community needs to respect the
    will of the people of Kenya and revisit this cases which has been
    marred with fraud allegations

  8. Were we voting for ICC or for a president what about the 5.3 plus Kenyans did they vote for ICC coz 5.3 million is a lot of Kenyans WHO WANT uhurutto TO HANG FOR THEIR SINS Mr. Wambugu remember the pple who were burnt at the Kiamba church and those whose families were killed USE YOU HEAD -NKT

    1. Do you even care to know who caused all that? Calm down, We do!! Fortunately, God ensures that if you dig a pit for someone you get into it yourself, its just a matter of time. I hope you still wont complain that ICC is acting in favor of the president elect. Fear the man who has God by his side. ๐Ÿ˜‰

    2. Do you have any evidence of what you accuse them of or are you a media follower? Consider your sources!

  9. How about those who died!? how about those who lost loved ones and properties and cannot go back home for fear of what might happen to them – how about those who were sodomised/raped!? Yeah Mr Wambugu, tell them all that we moved on.

    1. Wambugu isn’t talking about IDPs. If you don’t want to move on, it’s up to you. Wambugu posted his opinion on Capital FM you can post yours of how we shouldn’t move on. I am not saying IDPs don’t deserve justice but we are not going to live in 2007, we are in Q2 2013, the world is moving forward and ICC is wasting our time and quite frankly adding insult to injury to those affected by PEV.

  10. NGUNJIRI WAMBUGU your so Hillarious, where can i buy your ignorance? All of a sudden your trying to be the bad boy good boy, tuko wengi.
    I personally voted for UHURUTO but i can say here that we stole the votes as seen on video, and the SCOKs own investigations and tallying and then we bought off the Supreme court, now i am Corded and i wanna be With Raila.

  11. Do you not think for a moment that the threat of the ICC prevented politically coordinated violence this time around?

    1. Violence in Kenya has to be instigated. Take away the motivation to cause chaos and you have a peaceful co-existence among all tribes. ICC scared away the orig instigators. We know them. As common as sliced bread.

  12. Ngunjiri, what are you telling us? You have all along written a lot of shit and lies about our President Uhuru. You seem very desperate and trying to redeem your image after all insults.Get lost we do not even want to read your articles. nonsense!

  13. Justice is not about democracy if they are guilty the fact that over six million people voted for them has nothing to do with the potential criminal cases. I have no view on their guilt or innocence since I do not have the evidence before me and nor did the six million who voted. We voted for the government that took us into ICC so they are being prosecuted under Kenyan law, whether we like it or not.

  14. It masquerades as an intellectual piece, but in essence, this is nothing more than fodder for barroom banter. Nothing of value, nothing substantive. For starters, the generalization “Kenyans” is inaccurate. I’ll assume the reference here is to the “six million people” who voted jubilee, and I’ll even ignore the fact that the “six million” remains a contentious figure. THEY DO NOT REPRESENT KENYA! Again, saying that “Kenyans” voted against the ICC is a careless way of trying to sound smart. The ICC was not featured in the ballot papers. I’ve just wasted five minutes of my life reading this man’s opinion.

  15. Not so fast! Maybe they were intimidated. The rate at which these things are going, chances are we will know soon what really happened. But if I were you, I would not rush about the ICC.

  16. Retaining our membership in the ICC and referring human rights cases to the ICC were NOT the election issue 2012. The real problem and irritation to the dissenting Kenyan voters was the concerted effort to use the ICC as a “backdoor” tool for political campaigning.
    This strategy of using a “foreign” tool to dig convenient holes to “bury” fellow Kenyans (merely to win the elections) was instictlively seen (interpreted) as a chronic manifestation of colonial mentality/collaboration — which is still a serious “no-no-never” in the historical minds of Kenyans whose families are still traumatised by the Emergency Violence 1952-1960.
    Pinning the worst charges on Uhuru Kenyatta (while suppressing the obvious guilt of the two major provokers of the Election Violence) was the second “unsmart” strategy because it portrayed the ICC as a badly flawed justice system — more interested in manipulating political interests than in actually supporting victim rights and reparations.
    This negative impression was inadvertently confirmed by the rather condescending attitude demonstrated by Fatou Bensouda (ICC Prosecutor) during her “fact-finding” mission in November 2012. She was not willing to accomodate the contrary opinions expressed by the very victims whose rights she was claiming to protect. And the CORD campaign saga went persistently downhill from this crucial watershed point.
    REMEDY: Adopting the “Gacaca” strategy would have worked better — start the investigations/prosecutions at the grassroots level and let the accused persons lead you to the top guys in their testimonies. Gacaca has proved to be not only more democraticwith larger participation by eyewitnesses of the actuakl events — but also more effective in supervising practical reparations to the victims.
    We were debating this point of direct reparations at a “legal experts” forumn last week. The general observation was that international human rights treaties and institutions (like the ICC) are very good at political rhetoric — namely holding media-hyped trials of warlords.
    However the prison convictions meted out actually benefit the convicted warlords now entitked to rent-free accomodations with free buffets, free internet access and free security (and even conjugal rights). Meanwhile their now forgottten victims continue struggling with the lingering effects of their trauma.
    Kenyan voters are now instinstively adding their dissenting voices to the pfractical observations already made by the victims of the Rwanda Genocide — that international justice “must now include practical reparations and community reconciliation processes.

  17. The ICC is a judicial process with judicial decision just like the Supreme Court of Kenya. On the other hand, the elections are a democratic process with democratic results. Wambugu must spot the difference between these 2 processes and stop misleading the public here. Shame on you Wambugu!

    He is now talking as if he is privy to the evidence lined up against the 3 accused. Wambugu wewe ni bure kabisa!

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