Debates are on! Whether Gatundu legislature Hon. Uhuru Kenyatta should vie for Kenya’s top government post or sit back and wait for the outcome of the ICC ruling. I just don’t know how to judge his motive for the nation, is he a true reformer? Maybe yes! Maybe No! But something for sure is there will be consequences if he emerges the winner in this forth coming general elections.
If you can remember, he together with his counterpart -the VP of Jubilee alliance and also a Hague victim, Hon. Ruto- spearheaded the campaign for Kenya to withdraw from Rome statute which host the ICC. This was a tip of the major plans if they make the next government.
Here is the trap!
“According to Article 127 on Withdrawal, The Rome Statute, like many international treaties, lays out a procedure for withdrawal. If a State Party wishes to withdraw from the Statute, it must notify the UN Secretary General inwriting. The withdrawal takes effect, at earliest, one year after the date of notification.
“• Withdrawal by a State will not remove any of its obligations that arose from the Statute while it
was a Party to it up to the date on which the withdrawal became effective. Therefore, the State
is still under an obligation to cooperate with the Prosecutor and the Court in connection with
any criminal investigations and proceedings that commenced prior to the date on which the
withdrawal became effective. Consequently, should Kenya withdraw from the Rome Statute, it
would still be under the obligation to cooperate with the Court in relation to criminal
investigations and proceedings initiated by the ICC before the withdrawal date, including the
cases in relation to which the ICC Prosecutor has recently requested summons to appear.
“• Withdrawal does not suspend an investigation or judicial proceedings that commenced prior to
the date on which the withdrawal became effective. Kenya’s withdrawal from the Statute
would, therefore, have no impact whatsoever on the cases related to the persons for whom
summons to appear have recently been requested. Kenya would still be under the obligation toarrest any persons in these cases for whom the Chamber issues arrest warrants. Those persons would also be arrested if they travel abroad.* * *” (Fact sheet: http://www.iss.org.za/uploads/CICC_Factsheet_ICCWithdrawal_Africa.pdf )
There is no walk-away from ICC, Uhuru and Ruto will only be freed by ICC’s final ruling.
Even though the two have shown good response to ICC, I wonder if they would do the same if they had Kenya’s power in their hands. It would not be easy running the country and paying attention to International court calls. This could bring in problems for Kenya as a whole.
By now, the country is slowly emerging from last year’s recession, it would be the worst thing if it gets slapped with international economic sanctions. Five year-term is not an easy go!