Caribbean News Now!

By Anthony L. Hall

It’s simply impossible for any Westerner to fully appreciate the significance of the son of Jomo Kenyatta (1889-1978) being indicted this week by the International Criminal Court (ICC) on charges of “organizing a campaign of rape and murder” against political opponents.

Anthony L. Hall is a descendant of the Turks & Caicos Islands, international lawyer and political consultant - headquartered in Washington DC - who publishes his own weblog, The iPINIONS Journal, at http://ipjn.com offering commentaries on current events from a Caribbean perspective

The closest analogy I suppose would be if Prince William were indicted on similar charges for crimes committed during a mission to reinforce colonial rule in the Falkland Islands.

In any case, the crimes against humanity being alleged against Uhuru stem from the orgy of violence that erupted in December 2007 when incumbent President Mwai Kibaki refused to cede power to Raila Odinga after losing a free and fair presidential election.

Here, in part, is how I commented on this African pathology as it was playing out back then:

I am simply crestfallen by Kenya’s rapid descent into Rwandan-style tribal warfare in recent weeks. Despite manifestations of congenital kleptocracy, it was just beginning to appear worthy of being called a beacon of democracy on that Dark Continent.

But when President Mwai Kibaki and his ruling party refused to cede power after losing national elections on December 27, I was so mindful, indeed fearful, of the potential for widespread civil unrest that I wrote the following:

‘[T]his sets up the all too familiar prospect of Africans resorting to tribal warfare to settle their political disputes… Those of us who are still hoping against hope for a political awakening in Africa cannot help but look on in despair as Kenya descends back into the heart of darkness—where bloodlust gives rise to more Idi Amins and Rwandan-style genocides….’ (Conflict in Kenya: another African genocide in the making, The iPINIONS Journal, January 17, 2008)

When the dust settled -- with Kibaki and Odinga forming a grand coalition government -- 1,200 people were reported killed and 600,000 displaced.

But I wonder what evidence the ICC possesses which ties Uhuru and the three other prominent Kenyans it indicted to the rapes and murders that were committed. And am I the only one who finds it a little too convenient that of the four indicted two of them supported Kibaki (namely, Finance Minister and Deputy Prime Minister Uhuru Kenyatta and Cabinet Secretary Francis Mataura) and two supported Odinga (namely, former Education Minister William Ruto and radio presenter Joshua arap Sang)?

Frankly, this seems a contrived attempt by the ICC to forestall more score-settling and communal violence by saying, in effect, a pox on both your houses.

What’s more, I doubt any of these men had any hands-on involvement in any of the violence at issue. And if the charges stem just from inciting and organizing what the BBC described as “a bloody round of score-settling and communal violence,” then surely no two people are more responsible than Kibaki and Odinga themselves. Which makes this rather like blaming Hitler’s generals but not Hitler himself, no?

For what it’s worth, all of the men vehemently deny the charges. But, to their credit, all have declared their willingness to cooperate with the ICC’s legal process.

In the meantime, Uhuru and Ruto were both preparing to stand in the presidential election scheduled for next year. Chances are very good, however, that their trials will not be held before that election, and it would be utterly untenable for them to participate with this Damoclean sword of prosecution hanging over their heads.

This is why I hope their cooperation with the ICC extends to withdrawing their candidacies. At the very least, President Kibaki should relieve Uhuru of his official duties pending the outcome of his trial….

NOTE: His biography states that Uhuru attended Amherst College in Massachusetts. But he spent so much time in the early 1980s hanging out at my college, Williams, that I thought he was a student there. Trust me, blacks were so few in number that it’s very easy to remember people. Besides, Uhuru’s distinctive features made him stand out even amongst us.

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