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Of Kenya and the International Criminal Court

Recently Peter Kagwanja attempted to breathe some sense to the ICC debate in Kenya. He clearly argued that the ICC is narrowly focused and may never resolve the Kenyan problem after all. I agree, I too, believe it can't, it won't. However, I disagree with Kagwanja on adopting the South African model. Kagwanja seemed to borrow heavily from Mbeki and Mamdani. In as far as Mbeki and Mamdani outlined very important issues on transitional justice processes in Africa not all that they said is gospel truth. I agree that the Nuremberg model that the West appears to be imposing on Kenya and Africa, as is the case with the ICC, won't help us but neither will the South African model of trading justice for peace. While I agree with them on the former, I have a problem with the latter. South Africa cannot be said to be better today than it was few decades ago. We cannot follow its model and expect different and better outcomes, for that matter.

My thoughts

My thinking is that transitional justice should be case tailored since situations are unique and case sensitive. The noise that has filled the Kenyan air today has totally lost the right sense of direction for this country. Kagwanja's suggested alternative of restorative justice is way too vague. My suggestion is that we revisit our 2008 resolve. There is a reason why we settled for Truth, Justice and Reconciliation as opposed to the model of Nuremberg trials and South Africa's model of Truth and Reconciliation.

Misleading the Nation

We seem to have already lost track of what we wanted to do long time. The current noise on the ICC will only mislead the country further. We need to search for ourselves, the rain started beating us way back when some individuals naively shouted 'let's say Hague.' I am unapologetic about my radical views on the ICC. I actually think some individuals should be jailed not only for perpetrating the infamous post-election violence, but also because they have caused a country this current mess and a lot of agony. That way we can start afresh the national dialogue on where we went wrong and what we ought to do right. I am tempted to believe that these things won't come to closure in our life time. There are no short cuts to sins of death and destruction. There is always a one long and bitter path, in as much as we are always trying to evade it, we or our children or our children's children will one day go through that path for the sake of the nation.

Of Kenya and the International Criminal Court Of Kenya and the International Criminal Court Reviewed by Ibrahim Magara on December 22, 2015 Rating: 5

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