We shall overcome challenges at ICC with God s help, says President Uhuru Kenyatta

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1 We shall overcome challenges at ICC with God s help, says President Uhuru Kenyatta Updated Monday, November 18th 2013 at 00:09 GMT +3 By Dann Okoth Nairobi, Kenya: President Uhuru Kenyatta said he would overcome personal challenges facing him as the fight to ensure he doesn t attend trial in The Hague this week goes to a conference of International Criminal Court (ICC) member states. Apparently referring to the ICC cases against him and his deputy William Ruto, President Uhuru said God would intervene in their favour, two days after the UN Security Council (UNSC) rejected an African Union-backed proposal for deferral of the cases. Some people think they have decided, but God will decide better because only God can decide, Uhuru said yesterday amid thunderous applause from the gathering at the 25th anniversary of the Faith Evangelism Ministry in Nairobi. Many of them never imagined we would be standing before you today some even thought we were unworthy, but here we are today, he added. In a brief speech laden with tactical allegory, Uhuru traced the tribulations that have dogged him since he was named as a suspect in the post-election violence and how the ghosts of the ICC followed him through the past electioneering process. A lot of potential You prayed for us during a very difficult time and God heard you. Continue praying and He will hear even more, Uhuru said. The President said there were personal challenges facing him. However the biggest challenges are those that are facing the nation, he added. He struck a reconciliatory note, saying Kenyans need to forgive each other and forge ahead together. Let us forgive one another and forge a common front to drive our nation forward. Kenya has a lot of potential and we need to work together to realise that potential by creating jobs for the youth, providing education and healthcare, he said. After failing to secure postponement of the ICC-based cases against the Kenyan leaders at the UNSC, focus now turns to the meeting of the 122 members of the ICC that opens on Wednesday. The Assembly of State Parties will run from November 20 to 28, at the World Forum Convention Centre in The Hague, The Netherlands. The United Kingdom, which is among the eight UNSC members who abstained from the vote that sank Kenya s deferral request, has proposed an amendment so that Uhuru and Ruto are not required to be present in The Hague courtroom. Preparatory work is already under way and a number of amendments have been tabled, including one by the United Kingdom on presence through video technology, UK Ambassador Mark Lyall Grant told the UNSC on Friday while explaining that the ICC and the Assembly of States Parties meeting is the right forum to address Kenya s concerns. The ICC has planned for possibility that the Kenyan leaders might secure concession to follow proceedings from Nairobi. Video link Additionally, in the Kenya cases, Chambers envisage having the accused follow the hearings via video teleconferencing from Nairobi, provides the 2014 ICC budget proposal that will be approved at the conference next week. President Kenyatta has a pending application to be allowed to follow trial proceedings via video link and another for his case to be either in Kenya or Tanzania. Kenya will also press an amendment to the rules allowing witnesses to hide their identities while testifying. Scheduled on Thursday is a three-hour special segment that begins at 3pm requested by the AU. Delegates will discuss the indictment of sitting Heads of State and Government and the consequences on peace and stability and reconciliation during the special session. Also lined up are amendments to the Rome Statute apparently to address concerns by the AU, and which have been amplified in the ongoing Kenyan cases in The Hague. These include adoption of new investigation strategies to address concerns regarding collection of evidence through intermediaries, which defence teams in the Kenyan cases have protested against. Another amendment on the rules of procedure and evidence aims to make flexible changing of the place where the ICC Chamber sits. Hentet på

2 How ICC cases are shaping up Kenya s foreign policy as UhuRuto fight back Updated Friday, November 15th 2013 at 23:14 GMT +3 LILLIAN ALUANGA-DELVAUX Kenya has put up a spirited fight for deferral of cases at the International Criminal Court (ICC). As the nation awaits the United Nations Security Council s verdict on the matter, there is debate on whether what began in 2009, with the ICC assigning the Kenyan situation to Pre-Trial Chamber II, could have an impact on the country s foreign policy. President Uhuru Kenyatta, Deputy President William Ruto and Journalist Joshua Sang are on trial at The Hague over their alleged masterminding of the 2007/2008-post election violence. Kenya s cases at the ICC marked a turning point for our foreign policy and will likely prompt its review, says United States International University Lecturer David Kikaya. Prof Kikaya, an International Relations lecturer, says ICC will, to some extent, become a player in the country s foreign policy projections, given events that have followed indictment of her nationals. The ICC has made Kenya intensify her lobbying prowess as witnessed by the shuttle diplomacy missions undertaken by former Vice President Kalonzo Musyoka, and events at the African Union meetings in Addis Ababa, says Kikaya. Prof Kikaya served in various capacities in the Foreign Affairs Ministry for 20 years. Kenya s lobbying at continental level appears to be paying off with media reports indicating that up to 40 countries have written to the UN Security Council seeking a deferral of the Kenyan cases at the ICC. International oversight The country s perceptions to and of the ICC have changed and there are now three categories that can be used to classify this. One group believes it has nothing to do with the cases, another is of the opinion that Kenya should be cautious when becoming signatories to organs like the ICC, while others favour Kenya strengthening her relationship with such international oversight organs, says Kikaya. The challenge, says Kikaya, is allowing reconciliation of these perceptions to come up with a consensual foreign policy. Kikaya points to the approach taken by the Foreign Affairs ministry on the matter terming it an evolution of tact for a ministry that has become more visible. The situation has required the ministry to be a little more outgoing with information since the opposite of this would have elicited criticism, says Kikaya. Ambassador Zaddock Syong oh, however, argues that the ICC cases have nothing to do with issues related to Kenya s foreign policy. The issue here is the appropriation of a prosecutorial approach to all cases despite there being other mechanisms like alternative dispute resolution, mediation, reconciliation, arbitration and reparation that can also be employed, says Mr Syong oh, the policy advisor at the Ministry of Foreign Affairs and International Trade. He cites Gacaca courts in Rwanda and South Africa s Truth Justice and Reconciliation Commission as examples of mechanisms used effectively. Syongo also disagrees with the notion that Kenya s stand on the ICC has affected her relationship with the West and seen her embrace a more African centred foreign policy. We have absolutely nothing against the West. What we are against is an unjust system on prosecutorial matters. This isn t a question of policy change but overall the acknowledgement that political, economic, and social scenarios have shifted in the last decade. Everybody including the US, Britain, France and Germany are diversifying in their engagement on these issues. We, too like other nations are broadening our engagement and doing so with other nations like Turkey or China doesn t mean we have abandoned the West, he says. The nation s leaders have in the past lashed out at the West over its stand on the ICC cases and considered it an attack on her sovereignty when US Assistant Secretary of State for African Affairs, Jonny Carson said the country s choices at the ballot would have consequences. The Director at the Institute of Diplomacy and International Relations studies at the University of Nairobi, Prof Maria Nzomo, says there is often a mix-up when talking about the nation s sovereignty and trials facing individuals at the ICC. The UN Charter grants states rights as sovereign member states which means the principle of sovereignty is not in dispute and is universally accepted, she says. While pointing out that it is within a nation s right to have differences with other member states it may consider imperialist, such views should not be confused with arguments against the ICC. The ICC does not prosecute states but individuals, she says, adding that Kenya s best bet at having the cases deferred is to lobby the permanent members of the UN Security Council. Syongoh argues that the African solidarity exhibited on Kenya s ICC cases, particularly at the AU

3 summit, isn t unique and was also exhibited when the continent was fighting colonialism and apartheid in South Africa. Non-Aligned Movement Kenya is a critical and strategic player and globally recognised as such. We have simply become bolder and more articulate on issues and that s the approach we should be taking on issues, he adds. Human rights lawyer Harun Ndubi however says it s difficult to pinpoint exactly what and if Kenya has had a well documented Foreign Affairs policy. In the early 80 s Kenya was part of the Non Aligned Movement that many developing nations joined. To date Kenya still has no clearly defined foreign policy because our global interests vary from time to time, he says. The Non-Aligned Movement refers to a group of States not formally aligned to any major power bloc. The confusion, argues Ndubi is further compounded by the international treaties Kenya has signed that show the country is clearly aligned to the West. The mixed signals we are now getting from the leadership began during former President Mwai Kibaki s tenure when he started warming up to China. But the fact remains that while the Government s policy may shift, the State s foreign policy is pro-west and is unlikely to change soon given how our structures and systems are organised, he says. He says even though the ICC cases may interfere with that relationship, it would only be in the short term. Hentet på

4 Wednesday, September 4, 2013 MPs split over ICC withdrawal By Nation Reporter The Jubilee Coalition Wednesday said the push to withdraw from the International Criminal Court was a moral endeavour that would ensure the country deals with its conflicts without foreign intervention as Cord opposed the move. The Leader of Majority in Parliament Aden Duale (URP) said they no longer believed in the sovereignty of the International Criminal Court. We want Kenyans to be part of the millions of people who are not party to the court. About 80 per cent of the world s population does not subscribe to the court. India, China, the United States are yet to ratify the statute, he said when he appeared on a morning talk show on Citizen TV Wednesday. CORD'S OPPOSITION He spoke as MPs allied to the Coalition for Reforms and Democracy said they would oppose the motion saying it was ill-timed. Suna East lawmaker Junet Mohammed (ODM) said he did not see the need to pull out of the ICC now, yet it was not going to have any impact on the ongoing cases. We should not rush to withdraw from ICC. Why now? This would not make any impact, Mr Mohammed said. Hentet på /1056/ /-/88ue54z/-/index.html

5 Thursday, September 5, 2013 Drama as MPs vote to pull out of Hague By NATION TEAM Members of the National Assembly Thursday passed a motion to initiate the process of repealing the International Crimes Act and withdrawing Kenya from the Rome Statute. Cord MPs stormed out of the chambers saying they would not want to be part of a process they said would end in Kenya being a pariah state and jeopardise the cases at the International Criminal Court. The passing of the motion means that the government can now write to UN Secretary General Ban Ki-Moon notifying him of Kenya s intention to withdraw from the Rome Statute. The National Assembly also resolved to have a Bill introduced within the next 30 days to repeal the International Crimes Act through which Kenya domesticated the Rome Statute. President Uhuru Kenyatta, his deputy William Ruto and journalist Joshua Sang are facing charges of crimes against humanity in The Hague court. They are accused of plotting, financing and executing the 2008 post-election violence in which 1,133 Kenyans were killed and more than 600,000 displaced from their homes. Mr Ruto s and Mr Sang s case starts next Tuesday while that of Mr Kenyatta starts on November 12. Jubilee scheme In Thursday s debate, Minority Leader Francis Nyenze described the motion as an evil scheme hatched by Jubilee and said it would have serious ramifications for the country. The House was turned into a chaotic scene as the MPs walked out just as Cord s deputy Minority Leader Jakoyo Midiwo concluded his contribution opposing the motion moved by Majority Leader Aden Duale. We have walked out because we don t want to be party to this, Mr Nyenze told journalists outside the chambers. The timing is not right and the decision is not good, he said, flanked by several Cord MPs. Jubilee MPs had heckled their Cord counterparts as they walked out, with National Assembly Speaker Justin Muturi asking those withdrawing to hurry up and clear from the House. Mr Midiwo had said: We shall never be party to this and a country that steals elections. You are as bad as the occupants of those offices (in reference to Supreme Court judges). However, he did not walk out and some of his Cord colleagues returned to the chamber. The Jubilee MPs carried on with the debate supporting the move as they bashed the ICC. TNA nominated MP Johnson Sakaja then had the motion amended to delete a part that said that Kenya would suspend any links, cooperation and assistance to the International Criminal Court. We would like to make it very clear that we are not seeking any motion to say we will not cooperate. The two leaders have made it very clear and said they will cooperate with ICC, said Kigumo MP Jamleck Kamau in seconding the amendment. Only the Minority Leader, his deputy and Ruaraka MP Tom Kajwang had contributed to the motion before the Cord withdrawal. Mr Nyenze said the move was wrong and should not even be imagined. Mr Midiwo said Kenya risks becoming a failed state if it takes the route of shunning the ICC. This motion has everything to do with the current trial, he said. We invited the ICC here, they never came on their own, he stated. Before the walk-out, Mr Duale had set about explaining why he exercised his powers and asked the Speaker to convene a special sitting of the House to discuss the motion considered urgent and necessary. But his Cord counterparts were not convinced that the House needed to meet and Deputy Whip Chris Wamalwa (Kiminini, Ford-Kenya) and Mr Kajwang interrupted Mr Duale as he began introducing the motion.

6 They argued that the matter was neither urgent nor necessary and asked Speaker Muturi, who was abroad when the House was recalled from recess, to rule on whether the sitting had been legally convened. After Mr Muturi had quickly brushed aside their concerns, saying Deputy Speaker Joyce Laboso acted within the law to convene the special sitting, it was left to Mr Duale, who had prepared for the event and had a thick file of notes. The Majority Leader had built his argument around the claim that the cases at the ICC were politically motivated and infringed on the sovereignty of Kenya. He argued that because Kenyans ratified a new Constitution in 2010, had a reforming Judiciary and is not a failed state, it is not proper that it should remain a signatory to the Rome Statute. Mr Duale read extensively from advice given to former US President George W. Bush against the idea of having his country s citizens under the purview of the International Criminal Court. The Kenyan cases are a classic example of the fear Bill Clinton had about the Rome Statute, he said. He said the cases against President Kenyatta and Mr Ruto were created to be a serious stakeholder in the 2013 General Election. Mr Duale said he expected a petition in the National Assembly later seeking to have the Waki Envelope given to President Kenyatta. Reports by Njeri Rugene, Caroline Wafula and John Ngirachu Hentet på Hague/-/1064/ /-/chhigsz/-/index.html

7 Sunday, September 8, 2013 Politicians, traders organised and financed killer gangs, says report By SAMUEL SIRINGI Local investigators of the 2007/08 post-poll violence that formed the basis of The Hague trials starting Tuesday found out that suspected masterminds raised millions of shillings to fund killer gangs. The Justice Philip Waki-led Commission of Inquiry into Post Election Violence Commission said top politicians and businessmen held various meetings some at night to plan the orgy of violence that claimed the lives of 1,333 people. Although the violence was, in part, spontaneous as people reacted to the results of the bungled December 27 General Election, the commission said much of it was also well planned, funded and executed. Key politicians and businessmen supplied funds that were used to provide transport for the killers and purchase of food supplies for them during the untoward activities. The money was also used to buy weapons like machetes, arrows, and for procuring petroleum that was used to torch houses and buildings like was the case at Kiambaa Church in Eldoret on the eve of 2008 New Year celebrations. From the report, descriptions show that at least six Cabinet ministers and five MPs, who served under the last Kibaki regime, businessmen and former lawmakers raised funds to finance militia activities. Their names were believed to have been in the secret envelope that was handed over to former UN Secretary-General Kofi Annan who mediated peace talks between then President Kibaki s PNU and then ODM leader Raila Odinga, who later became Prime Minister. According to the report, a former minister from Rift Valley Province and a former minister from Nyanza were implicated in the violence. Others were prominent businessmen from Central and Rift Valley provinces. However, it is not clear who Justice Waki chose to include in his envelope. Mr Annan handed over the envelop to the International Criminal Court and was believed to have provided a pointer to the suspects of the on-going case. Some Kenyans moved to court last week seeking to have the names that were in the envelope made public. One of the prominent leaders is listed as having sponsored a gang of youths to attack rivals during campaigns. The same leader secured their freedom after they were arrested. The other prominent politician is among leaders accused of sponsoring the Mungiki sect members to unleash terror in Nakuru and Naivasha. He was among business people who held secret meetings to raise funds for revenge attacks against the Luo, Luhya and Kalenjin communities. Others who helped him included two former Central Rift MPs and a prominent Nakuru businessman. The decision to stuff the names in an envelope was taken to prevent the culprits from interfering with evidence ahead of the official investigations that were initially meant to be conducted by a quasiinternational tribunal that would have been based in Kenya. The Waki Commission said the pattern of the violence showed there was planning and organisation by politicians and businessmen, who enlisted criminal gangs to execute the mayhem. In places such as Naivasha, Nakuru and slum areas of Nairobi, Kikuyu gangs were mobilised and used to unleash violence against Luos, Luhyas and Kalenjins, and to expel them from their rented residences, says the report. In turn, organised Kalenjin youths, particularly in the North Rift, attacked and drove out Kikuyus who lived there.

8 Pointers to the organisation by politicians and businessmen included warnings issued to the victims before the attacks were executed. The violence also involved large numbers of attackers, who were often mobilised from areas outside the location of violence. Petrol and weapons were used in various places to carry out the attacks and destruction, which required arrangements as regards the acquisition, concealment and transport, says the report. A further pointer to the organised nature of the attacks was the fact that they targeted certain ethnic groups. Politicians who contested the 2007 General Election were blamed for precipitating the violence by conducting campaigns in a strident and confrontational manner. They cast the Majimbo (federalism) debate in an ethnically divisive manner and failed to create confidence among voters around the electoral process and institutions. The violence in Naivasha between January 27 and 30 was pre-planned and executed by Mungiki members who received the support of political and business leaders, according to the report. In a report dated January 8, 2008, the NSIS said some four senior Kalenjin personalities were funding ODM activists during the violence. Hentet på /1064/ /-/u46ij9/-/index.html

9 Uhuru's Advisers On Diplomacy And ICC Are His Worst Enemies Saturday, November 30, :00 -- BY KOIGI WAMWERE Though I have been where Uhuru, Ruto and Sang are in Kenya and not The Hague and truly wish them well, I advise them to seek the best advice to escape their trap. Though Uhuru and Ruto supporters believe their every critic is an enemy, wise people know, even shoes of a bad Banian merchant are medicine. When during the presidential debate Uhuru said his trial was a personal challenge he was not truthful with the nation. For the government to fight for him and pay his legal bills, he has now correctly admitted his trial is a national challenge. That Uhuru and Ruto are now President and Deputy President and government is financing their defense, every Kenyan now has the right to discuss the conduct of the trials. Even without the consent of Kenyans, the government has been handling ICC trials as state matters advised by Githu Muigai, Amina Mohammed and Macharia Kamau, the Kenyan Ambassador to the UN. But so far, their advice has been unmitigated disaster. On many forums, Kenya has lost one application after another. These advisers must now take blame for all these setbacks and failures of a case that has become a millstone round the neck of Kenya. For picking these advisers and taking their advice, Uhuru and Ruto must also take blame and ultimate responsibility. When most leaders choose advisers, they only expect consent, sycophancy and praise from them in return for jobs, rewards and favours. Critical advice must however be given even when it is unwelcome and risky. As President and Deputy President, Uhuru and Ruto and their cases are public property which Kenyan taxpayers are funding and own and have every right to discuss and criticize. While Uhuru is President, he will be the driver of our matatu, Ruto its co-driver and advisers its conductors. When Uhuru and Ruto drive the matatu recklessly, unlike on the roads where they are passive to a fault, Kenyans must demand the matatu to be driven more safely or it will kill us all. With the ICC cases, Kenya is in a Safari Rally where Uhuru is the driver and his advisers are the navigators. When advisers give wrong directions, the car skids and veers off the road into a ditch. The people who hired Uhuru to drive their matatu must ask him to change conductors or he will lose the race. What then must Uhuru and Ruto do to avoid future blunders and losing the race? Not to lose ICC cases, Kenyans must understand things better. Their driver must observe traffic rules or be red-carded and his navigators must give him better directions. So far, advisers have done a very poor job. To save themselves from the ICC fiasco, Uhuru and Ruto should look for criticism as people look for medicine. They should frankly look at all areas where they have failed to avoid a future catastrophe. In the past, this is where Uhuru and Ruto have failed. First, they and other Kenyan politicians engaged in ethnic mobilization of communities for votes and power. This gave birth to post-election violence. Second, to try perpetrators of post-election violence, Uhuru and Ruto voted for ICC instead of a local tribunal. This is why the trio is in The Hague. Third, faced with ICC cases, Uhuru and Ruto should not have vied for presidency and deputy presidency. They should have skipped elections to clear their names with ICC first. This is why their case is so complicated today. Fourth, Uhuru and Ruto should have admitted ICC trials were a national and not personal challenge to allow them to sacrifice for the nation rather than force the nation to sacrifice itself for them. Fifth, Uhuru and Ruto should never have misinformed voters that if they voted for them, a win in the elections would be a guaranteed verdict to terminate the ICC trials. Sixth, Uhuru and Ruto should never have claimed to the world that ICC was a neo-colonialist and imperialist

10 court when Kenya had voluntarily ratified its Rome Stature and enjoined ICC as part of its judiciary. Seventh, the subterfuge of the deferral application was too opportunistic and transparent to win support. Eighth, the attack on British diplomats in the name of Uhuru and Ruto in the Uansin Gishu County was too crude a bravado and expression of desperation to help the ICC cases. Ninth, Uhuru and Ruto should not have championed the cause of sitting African presidents not to be prosecuted for crimes against humanity knowing that would turn African leaders into dictators and life presidents and alienate support from them. Tenth, Kenyan diplomats have chest thumped so much that they have turned Kenya into a Goliath that cannot win sympathy anywhere. Meanwhile, Uhuru and Ruto team has made only one qualified victory of winning elections. The following advice might be unwelcome but pride comes before a fall. For Uhuru and Ruto to save themselves from further ICC problems, their advisers must base all their advice on truth, never on falsehood or propaganda. Uhuru and Ruto must not defy ICC and refuse to attend trial. Uhuru and Ruto must always listen to advisers of truth like Micaiah and never to lies of 400 prophets of Baal. To save Kenya and themselves from future catastrophe, Uhuru and Ruto must never embrace the seemingly innocent but reckless and dangerous philosophy of the end justifies the means. To succeed, the Kenyan ICC trio and government must avoid fighting on too many fronts. As they say in Kiswahili, if you chase two animals simultaneously, one must escape. People in war maximize friends and minimise enemies, they don t make enemies of old friends. Hentet på

11 Ro i Kenya trods snæver valgsejr Politiken Valg i kenya. Taberen sidder med nøglen til kaos eller ro efter Uhuru Kenyattas sejr på få tusinde stemmer. Afgørelsen bringer Vesten og Danmark i knibe. af JACOB SVENDSEN Nogle ganske få tusinde af over 12 millioner kenyanske vælgere afgjorde i går, at deres land i de kommende år på skift skal styres fra en anklagebænk i Den Internationale Straffedomstol ( ICC) i Haag og fra State House i hovedstaden Nairobi. Den nye præsident, Uhuru Kenyatta, og hans vicepræsident, William Rutu, er begge tiltalt ved domstolen for deres roller i organiserede forbrydelser mod menneskeheden efter det forrige valg, da over kenyanere blev dræbt i stammeopgør og over tvunget på flugt. Men den tiltale skræmte ikke makkerparrets vælgere væk, og med 50,07 procent af stemmerne efter første valgrunde løftede knap vælgere akkurat de to op over kravet om mindst 50 procent af de afgivne stemmer i første valgrunde. Dermed udgøres den politiske ledelse af en hovedmodtager af dansk ulandsbistand nu af et makkerpar, der risikerer en dom for forbrydelser mod menneskeheden. Samtidig støtter Danmark på flere måder opbygningen af det kenyanske militær, og Kenya har i det hele taget en strategisk og økonomisk hovedrolle i Afrika for Vesten. Den kendsgerning forstyrrer dog ikke udenrigsminister Villy Søvndal ( SF). Han mener ikke, at Danmark skal reagere på valget af Kenyatta, fordi det tiltalte makkerpar har sagt, at de vil samarbejde med Den Internationale Straffedomstol.»Vi forventer selvsagt, at Kenya vil fortsætte samarbejdet med ICC. Som bekendt vejer handlinger tungere end ord, og vi vil følge udviklingen tæt«. Selv om lande som Storbritannien og USA forud for valget truede med, at det ville få konsekvenser for Kenya, hvis Kenyatta vandt, så afviser Villy Søvndal at drosle ned for udviklingshjælpen til landet.»lad os tage en ting ad gangen. Vi har på nuværende tidspunkt ikke planer om at ændre på det udviklingspolitiske samarbejde med Kenya«, siger Villy Søvndal. Folkeretsekspert, adjunkt Martin Mennecke fra Københavns Universitet har fulgt den kenyanske valgkamp tæt. Han mener, at sejren til Uhuru Kenyatta er en alvorlig udfordring for Danmark og resten af Vesten.»Man skal huske, at tre dommere ved ICC i en forhåndsbehandling af tiltalerne har vurderet, at anklagerne og bevismaterialet er så stærkt, at det skal føre til en egentlig retssag«, siger Martin Mennecke. Han peger på, at der altså har været en uvildig juridisk vurdering af de to, og at man ikke bare kan sige, at de er uskyldige og lade som ingenting, indtil domstolen har truffet en endelig afgørelse.»de er jo også tiltalt for meget alvorlige forbrydelser. Man kan sige, at der er juridiske og ideale interesser, der taler for også fremover at begrænse kontakten til Kenyatta, men overordnede strategiske og økonomiske interesser trækker i den anden retning. Alt afhænger af hans vilje til at fortsætte retssagen ved ICC«, vurderer Martin Mennecke. Frygt for uro Den ekstremt snævre afgørelse gør det kenyanske valg til et af de tætteste nogensinde, og i mere rodfæstede demokratier end Kenya ville et sådant drama også være en udfordring for samfundet. I de kommende dage vil det vise sig, om Kenyas unge demokrati - der blev først 1992 flere partier at vælge imellem - kan overleve en så snæver afgørelse. Det er trods alt et land, hvor man altid har stemt mere efter stammetilhørsforhold end efter politisk overbevisning. På den ene side efterlader dramaet en åbenlys risiko for en gentagelse af voldsorgierne efter valget i , da forskellige stammer kastede sig over hinanden med macheter, buer, pile og andre primitive våben. På den anden side har kenyanerne været igennem en lang kampagne for fredelige valg, og der er en markant ulyst

12 til, at landet igen bryder sammen i interne opgør, hvor de eneste tabere bliver landets fattigste.»jeg havde håbet på en ny valgrunde til mellem Kenyatta og rivalen Raila Odinga. Det ville give en mere klar afgørelse og en bedre baggrund for at komme videre«, siger den mangeårige Afrikakender, professor emeritus ved Københavns universitet, Holger Bernt Hansen.»Nå må vi satse på, at taberen accepterer spillereglerne, og at eventuelle klager afgøres ved domstolene«, siger han. Det er valgets taber, den 68-årige Raila Odinga, der sidder med nøglen til at undgå større uro efter valgdramaet, og meget tyder på, at han er bevidst om sit ansvar. Efter offentliggørelsen af resultatet meddelte Odinga, at han vil have afgørelsen prøvet i retten og vil acceptere dommen. Derefter tilføjede han en indtrængende appel om at undgå vold.»enhver form for vold vil ødelægge vores land for evigt, men det vil ikke være i nogens interesse«, understregede den nuværende premierminister. Observatører: Fair valg Valget har været overvåget af flere tusinde observatører fra blandt andet EU. Deres fælles vurdering er, at valghandlingen og optællingen er foregået korrekt, og at valget har været frit og fair. Det gør det som udgangspunkt sværere for Odinga at insistere på, at han - som ved valget i har været offer for valgsvinddel. Men det hører også med til billedet, at selv hvis Odinga kan få afgørelsen omstødt, så vil han næppe have en chance ved en anden runde.»en ting er de få tusinde stemmer, der løftede Kenyatta over grænsen på 50 procent. Men man må ikke glemme, at han fik over stemmer flere end Raila Odinga«, siger Holger Bernt Hansen. Mens fest, farver, sang og truttende vuvuzelaer i går prægede Nairobis pro-kenyatta-kvarterer, så var der en vantro, afventende og skuffet stemning i byens største pro-odinga-slumkvarter, Kibera.»Folk fra Kenyattas kikuyu-stammer gik amok i fest allerede i nat, men ifølge de kilder, jeg løbende er i kontakt med i Nairobis slumkvarterer og andre steder i landet, så har der indtil videre ikke været uro. Paramilitære politienheder er talstærkt til stede«, siger Mellemfolkeligt Samvirkes kommunikationskonsulent i Kenya, Søren Bjerregaard.»Det her er i høj grad op til Odinga, men folk er opmærksomme på, at han trods alt fik næsten en million færre stemmer end Kenyatta. Hans tilhængere er trætte, og de ved, at han ikke kan vinde en anden runde«, siger han. jacob.svendsen@pol.dk Fakta: FAKTA TRONARVINGEN Uhuru Kenyatta er søn af Kenyas første præsident, Jomo Kenyatta. Kenyatta familien har skaffet sig store rigdomme og ejer store landområder i landet, hvor der er stor mangel på dyrkbar jord. Uhuru Kenyatta er uddannet i USA og vurderes at være god for tre milliarder dollar. Det gør ham til en af Kenya rigeste mænd. Den 51-årige far til tre kaldes ' Njamba' eller helt på kikuyuernes stammesprog, mens fornavnet Uhuru betyder frihed. Hentet via

13 Kenyas parlament vil forlade straffedomstol Politiken KENYA. Kenyas parlament har ved en afstemning tilkendegivet, at det vil bede regeringen i Nairobi om at forlade Den Internationale Straffedomstol (ICC) i vrede over en kommende retssag mod den kenyanske vicepræsident, William Ruto. Ruto er anklaget for forbrydelser mod menneskeheden under volden i landet i forbindelse med valget i Parlamentet er domineret af en alliance, som har bragt præsident Uhuru Kenyatta og hans vicepræsident, William Ruto, til magten. Begge mænd er efterlyst i Haag for at have spillet en fremtrædende rolle ved blodsudgydelserne i Kenya for fem år siden. På tirsdag behandles anklager mod William Ruto om den vold, der opstod efter valget i , da mindst mennesker blev dræbt og fordrevet. Sagen mod Ruto kommer to måneder før ICC-sagen mod præsident Uhuru Kenyatta, som også står anklaget for forbrydelser mod menneskeheden - blandt andet drab, voldtægt, forfølgelse og udvisning. Ritzau/AFP. Hentet via