ICC and Kenya: Museveni Got it Wrong

The Hague

I will be shocked if the legal fraternity in Kenya and East Africa in general won’t react towards recent salvos leveled by Ugandan Strongman Yoweri Museveni. Museveni’s recent attacks on the International Criminal Court (ICC) must be condemned. During the swearing-in of Kenya’s new president Uhuru Kenyatta, Museveni saluted “… Kenyan voters on...the rejection of the blackmail by the International Criminal Court (ICC) and those who seek to abuse this institution for their own agenda." Museveni’s remarks, which amount to the contempt of court, reveal that most likely, he does not respect the courts in Uganda.

Kenyans did not vote for President Kenyatta and his Deputy, William Ruto, based on indictment. They voted on the basis of the belief that the duo would govern Kenya well. So too, Kenyan elections were not about rejecting or endorsing the ICC; they were about getting a new leadership after the one that was in power lapsed its constitutional term in office. Simple! I don’t know how the victims of the 2007- 08 Post-Election Violence felt when they heard Museveni’s remarks.

Museveni attacked the ICC pointlessly. The ICC has nary been an ambulance chaser. Whatever issue that is brought before the ICC is brought by the way of application from individuals or countries looking for legal settlement. This is what happened regarding Kenya’s ICC case. Kenya went before the ICC seeking its intervention in trying PEV. What is wrong here? Why didn't Museveni wait for the ICC to reach its verdict and say whatever he wants to?

Is Museveni saying what he is saying just because his file on alleged atrocities in DR Congo has not been opened? It is still early Mr. Museveni! Even Charles Taylor once daydreamed that his crimes would not be brought before the light.

"I was one of those that supported the ICC because I abhor impunity," Mr. Museveni says. If this is true, why haven’t his consigliore implicated in multi-million scandals been brought to book? Why was he forced to reimburse donor money using public coffers?

"I am confirming that we have paid the Irish [and] we shall pay the others (donors) who want their money back…We are making a lot of progress on that front,”  Says Museveni’s deputy secretary of Treasury, Keith Muhanikizi. If Museveni ‘abhors’ impunity as he’d like everybody to believe, why did he pay the monies back by even committing another crime of breaking into the treasury instead of letting the implicated personalities in the scandal to face  the judicial process? Is this the way Museveni abhors impunity - by blessing it?

Media in Uganda reported of massive theft involving donor money. At least $22.2 million meant for recovery and development activities in northern Uganda and Karamoja was allegedly swindled, infuriating donors who, in a meeting with President Museveni, demanded for a refund of their stolen cash.

Kenya’s ICC indictees are innocent until the ICC rules otherwise. Kenyans know what is going on. They don’t need any tutor to teach them what it is. I urge all those who wrongly think like Museveni to respect the ICC and the intelligence of Kenyans.

In sum, Kenyans did not vote along the lines of who was indicted or not but they voted for those they wanted, believing these would stir and man their nation. Saying that Kenyans voted for Kenyatta and Ruto simply because they’re indicted is to belittle them so to speak. This should not be accepted.

Source: The African Executive Magazine April 17, 2013.