Thursday, December 1, 2011

THE CHIEF JUSTICE MUST BE FIRM OVER AL BASHIR ARREST RULING

By Joseph Lister Nyaringo
aspiring MP, Bobasi Constituency
The ugly head of impunity must be crushed right from the head if the executive respected the work, and independence of the judiciary.

This is the surest way to move from past injustices, building a nation which upholds the rule of law, safeguarding a fair and transparent justice system which protects the rights of every individual, irrespective of their status in the society.

The executive is making a huge goof to the people of Kenya, the global community and the people of South Sudan who lost their loved ones because of Mohamed Al Bashir’s despotic regime.

Therefore, the recent high court ruling to arrest the Sudanese leader in the event he steps on the Kenyan soils is good news for justice to victims of the Darfur region and the international community.

Why is the government wasting our taxes to send honourable Wetangula to Khartoum? Secondly, what is so special about Sudan that we cannot get from other Countries?

For President Kibaki, having a soft spot on the Sudanese dictator, we can comfortably conclude that he does not want to see justice for Kenya’s post-election violence victims.

Truly, why does our President want to protect a murderer when 6 fellow Kenyans- Ruto, Uhuru, Sang, Ali, Kosgey and Muthaura are candidates for possible prosecution by the ICC for their purported role in the PEV of 2007/2008, the court which also indicted President Al Bashir?

I believe that in the current world order, despots and their evil regimes must be isolated and treated as suspected criminals at all times. There is nothing Kenya would gain for her citizens from trying to appease President Mohamed Al Bashir.

If anything, our Country has directly suffered due to Elbashir’s evils in South Sudan. And these are the people we share a similar heritage as black Africans.

I want to applause the high court ruling for respecting the Rome Statute; an international law; of which Kenya is signatory.

On the other hand, I want to believe that since we are in a new dispensation, the current Chief Justice Dr. Willy Mutunga, will stay put to protect the current constitution. He should understand that Kenyans are behind him.

Anybody who wants to reverse the gains the country has made, it will be a great travesty to justice and a negation of the successes the current constitution has started to inject though small, into our justice systems and processes.

It’s very clear that Kenya is past the days when the President, was above the law and in the current constitution; each government organ must operate independently and exercise its mandate without intimidation and interference.

It’s nauseating and inhuman when we are trying to fight impunity at home to see our government trying to protect a foreign criminal who masterminded the slaughter of thousands of his own people for no apparent reason. The atrocities caused my Al Bashir’s regime in the Darfur region is fresh in our memories.

Its incumbent upon the current Chief Justice Dr. Willy Mutunga be firm, stand his ground and avoid any manipulation from the executive to reverse the historic ruling by the High court.

The High court followed International law, which Kenya is a signatory and MUST be respected at all times.

www.listernyaringo.org
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