John F Kennedy once said that “the great enemy of truth is very often not the lie -deliberate, contrived and dishonest, but the myth, persistent, persuasive, and unrealistic. Belief in myths allows the comfort of opinion without the discomfort of thought.” These words find a perfect abode in Kenya. This is because the country is increasingly bombarded with myths from the likes of the Minister for Justice and Constitutional Affairs.
One such myth is the assertion by the Justice Minister that the country is ready to disengage from the ICC led retributive process. The Minister is instead brazenly vouching for a local justice mechanism against those who bear the greatest responsibility for the 2008 post election violence (PEV). The truth is that the country is neither ready nor willing to handle such a gigantic task now or in the near future. Attempts at dispensing justice vide a local mechanism in a country that is deeply ethnicized such as ours will be akin to brandishing sparks in a nuclear tinder box. Moreover, it will take ages for the citizenry to have a significant level of confidence in the judiciary if people animated by impunity will be the ones tasked with the responsibility of drafting of the bills that will engender the necessary reforms in the judiciary. Hastiness and superficiality is what will be the natural outcome.
It is important at this juncture to point out that already the Justice Minister has gradually and silently moved with unusual speed (in the absence of the constitution implementation committee) to draft laws not to anchor the new constitution. Going by his pep talk then it would appear that he is hell bent on presenting an illusion of freedom to the people. He appears to be working in cohort with effete corps of impudent snobs who have a strong desire to abridge the freedoms of the people of Kenya. This explains why he is bold enough to look us straight in the eyes and tell us that he has no apology to make!
As Frank Zappa would observe, “when such people think that an illusion has become too expensive to maintain they will take down the scenery, pull back the curtains, move all the tables and chairs, and you will see a brick wall at the back of the theatre." Unfortunately this is what is happening in Kenya. Already some elements within the government have begun showing their unwillingness to furnish ICC with important documents on the pretext that this would be against the country’s “national security.” Need I say that this is a brick wall of impunity?
This move will certainly be met with the full force of the international law. ICC is likely to formally request its judges to issue a finding of non-compliance against Kenya upon which the Office of the Prosecutor will request the UN Security Council to deal with Kenya's persistent refusal to cooperate. Sanctions may then be put in place against Kenya. I bet no one wants to fathom the consequences that will arise out of such sanctions.
Yet if the citizenry are complacent then tyrants will remain active and ardent. They (tyrants) will callously devote all their energies at putting shackles upon us. It is thus extremely important that we do everything within our disposal to stop them from forcing the country into such dangerous levels of mediocrity.
TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis
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