Leaders are being welcomed in areas previously perceived to be hostile to them, and much of the ugly rhetoric that was a feature of weekend rallies is diminished.
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| After many days in court, Uhuru, Kenyatta decided to plant a tree in the night at the Kenyan Ambassador’s residence at The Hague to honour environment hero Wangari Maathai.[PHOTOS: EVANS HABIL/STANDARD] |
Many Kenyans feel that regardless of which way the Pre Trial Chamber judges rule over the next 90 days, the International Criminal Court (ICC) has sent a firm message that violations of human rights will no longer be swept under the carpet.
For a country that had witnessed a cycle of violence every election time, with nobody forced to answer for the atrocities over the years, it had become acceptable that victims had to endure suffering without recourse.
A lawyer for the victims of the 2007-08 post-election violence quoted one of the victims saying impunity in Kenya is so entrenched she could never imagine the perpetrators ever being brought to book.
That victim captured for the ICC judges the initial sense of helplessness faced by ordinary Kenyans before the process began.
Without a trial and conviction, the six prominent Kenyans whose cases are now pending before the Pre-Trial Chamber II remains under the presumption of innocence.
Indeed, the confirmation of charges hearings were not a trial or mini-trial, but a chance for the defence counsel to test the evidence provided by Prosecutor Moreno-Ocampo to see whether it meets the threshold for a trial.
In the process, the mystique surrounding Moreno-Ocampo was peeled away in the courtroom, and he appeared to all intents and purposes very ordinary human being.
Meanwhile, the humbling experience arising from the dramatic proceedings and the costs involved in litigation, many believe, will persuade politicians to talk and tread more carefully.
MPs, civil society activists, religious leaders and even ordinary folk told The Standard in separate interviews that the ICC process has changed Kenya for the better.
There’s unanimity that those who engage in hate speech will now do so at their own peril.
Justice Minister Mutula Kilonzo said the ICC intervention was a clear signal that political violence would never again be tolerated even if it meant the intervention of the international community.
Mutula said developments at the ICC have underscored the need strengthen and defend the country’s criminal justice system to promote the rule of law.
Our sovereignty"We gave away our sovereignty when we told the world to intervene. This is the time to support our Judiciary, Director of Public Prosecutions, Police and Witness Protection Units," he told The Standard.
Mutula said two ICC witnesses were enjoying full time armed police protection and warned against intimidation of such people.
"I am appalled that Parliament still has a motion seeking Kenya’s withdrawal from the Rome Statute. Such moves are ill-advised, out of place and retrogressive to gains made and lesson learnt from ICC." Mutula said.
ODM whip Jakoyo Midiwo described the ICC process an eye-opener and deterrence against hate speech and culture of impunity.
"Despite Mr Peter Otieno appearing at the ICC as a witness, the residents have accepted his role and he has been welcomed back to the fold. Some people tried to create rumours that his house had been torched, but they failed to incite the community to take the law into its hands," Midiwo said.
He was referring to trade unionist Peter Otieno who, as a witness for former police commissioner Maj-Gen (Rtd) Hussein Ali, testified how police rescued him and his family in Naivasha.
Reports that his rural home in Migori County could be a target for attack following his testimony at The Hague turned out to be unfounded.
Kenya National Commission on Human Rights chairman Florence Jaoko said the grim testimony at The Hague gave Kenyans a chance to acknowledge the horrors of post-election violence that, hopefully, would persuade against repeat.
Speaking from Geneva where she is attending an International Conference on Human Rights, Jaoko said notwithstanding the traumatic nature of some of the evidence, "it is now understood that almost all Kenyans suffered in one way or the other" adding:
"Irrespective of the outcome, hopefully, we now have some clarity on the gravity of what transpired when our country lost sanity," she said, stressing a credible justice system that will hold all Kenyans accountable irrespective of their status.
Kituo Cha Sheria executive director Priscilla Nyokabi said leaders have learnt a bitter lesson against impunity.
"The message from the ICC to all leaders is that impunity cannot be allowed where lives of Kenyans are concerned. The 2012 elections should be peaceful," said Nyokabi.
Mr Ndungu Wainaina of the International Center for Policy and Conflict (ICPC) said the ICC action has made hate speech under the guise of seeking elective posts a costly affair.
"Effective prosecution policies play a significant role in discrediting and containing destabilising political forces. Stigmatising delinquent leaders through indictment, as well as apprehension and prosecution, undermines their influence," said Wainana.
Shored up reputation Former Kabete MP Paul Muite observed the conduct of proceedings have shored up the reputation of the Court, which would see its actions taken seriously.
"The ICC has acquitted itself in the manner in which it conducted proceedings. Before Kenyans had a glimpse of its operations, the court had faced a lot of vilification. But those who watched concede the proceedings were neutral, fair and just," Muite said.
Law Society of Kenya vice chair Florence Kajuju said it was unfortunate that the country’s dirty linen has been washed on foreign land while it would have been addressed locally.
"Kenyans have watched with keen interest the proceedings at the ICC and we are all waiting for the promised fair judgement. However we must avoid allowing the ICC to enter into Kenyan affairs in future on matters we can deal with locally," Kajuju said.
Mumias MP Ben Washiali said leaders should be very careful with what they say and do.
"It has become clear that even what you just say could land you in a lot of trouble," Washiali said.
Bishop Christopher Ruto of the Anglican Church Eldoret Diocese says the ICC was an audit of the country’s integrity, which compels Kenyans to reflect on the rule of law.
"It has helped us to rethink and re-evaluate how we manage our country so that in future we will not request international intervention," said Ruto.
Bishop Simon Oketch of Maseno North Diocese added:
"Kenyans turned against each other after the 2007 elections because leaders failed in their work. Leaders should have preached peace ahead of the elections."
Council of Imams and Preachers of Kenya (CIPK) Organising Secretary Sheikh Mohammed Khalifa suggested the ICC process would guard against abuse of power.
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