Mwai Kibaki And Raila Odinga Must Cooperate With The ICC And Ensure The Special Tribunal Bill Is Passed And Enacted Into Law Within Two Weeks: Fail To Do This And Kenyans Will Starve Your Government Of Money.

A Statement by the Partnership for Change issued at Nairobi on 9th November 2009

We are fed up with war lord politicians. Kenya must comply with the Rome Statute by cooperating with the ICC, and cooperation extends to making arrests of the Masterminds behind the Post Election Violence which killed 1,133 Kenyans and displaced over half-a-million citizens in less than 60 days last year. We need to be clear to the Grand Coalition Government that there is no issue of choice here.

Reports in the Press today November 9, 2009 that Kenya may back out of arrest deal with ICC are disturbing to say the least. Who do these people think they are? Kenyans are not idiots to be joked around with by war lord politicians whose vision is one of greed and ruling by the sword. Kenya is a Democracy, where the Rule of Law must prevail at all times.

We wish to remind the two Principals Mwai Kibaki and Raila Odinga that any attempts to derail the ICC will result in a direct indictment against them as individuals who would bear the greatest responsibility for their troops - in this case loose talking Members of Parliament, including Cabinet Ministers and senior Government officials who appear to making statements on their behalf.

We watched on television as Kibaki, Odinga and Ocampo briefed Kenyans on the outcome of their “constructive” discussions. These so called senior Government officials and ministers did not address Kenyans. Who are they to speak now? Whom do they purport to speak for? Kibaki and Odinga should take responsibility and sack anyone who appears to be contradicting the position they presented to Kenyans in the presence of the ICC prosecutor. Failing to act and allowing this irresponsible behaviour can only be construed to mean that these individuals speak on behalf of the Principals.

In such event, then Kibaki and Odinga should also be aware of Article 27 and 28 of the Rome Statute and that they would be facilitating the cover up of Crimes against Humanity. These two citizens, have a sacred constitutional duty towards facilitating justice for all in Kenya. They must not fail Kenyans. If they do they should be regarded as bearing the greatest responsibility for what happened in Kenya in January and February 2008, and face the Hague on the crime of obstructing justice. There is no such thing as power without responsibility.

There are others who are telling the International Community to “Shut Up!” Why? Why should they shut up? Is it because the International Community has taken a decision to support a law abiding public rather than Law breaking Senior politicians and Government Officials? Is it because these individuals believe they can act with Impunity and get away with it? If this is what they believe then they are badly mistaken. Kenya has changed. The sign of the times is that days are numbered for these kind of people in Kenya. They have no support among the Kenyan Public and can only flex muscle using stolen public funds without which they are just common thugs!

Parliament resumes tomorrow. What Kenyans want to see is a repeat of what we saw that afternoon in March 2008 when all members entrenched the National Accord agreement into our Constitution. Where NOT ONE member objected! We want to see the Gitobu Imanyara Special Tribunal for Kenya constitutional amendment bill passed – without amendments - and fast tracked and signed into Law on the same day! We know that this can happen and we are waiting to see which Member of Parliament will dare vote against a Special tribunal to try perpetrators of post election Violence. The ICC will in December decide the fate of the Masterminds. President Kibaki and Prime Minister Odinga are advised to ensure that this Bill is passed before the Appropriations bill currently before Parliament, failure to which, we the public will move to stop financing this Government by lobbying our MPs to block taxes to Government that does not listen to the wishes of its people.

The Partnership for Change, a non violent people’s movement for democratic change in Kenya hereby states as follows:

Cognisant that the Government of Kenya raises over 80% of its taxes through VAT – consumption tax, STATE: that if the two Principals, Mwai Kibaki and Raila Odinga of the Grand Coalition Government fail to pass through Parliament and enact into law within two weeks the Special tribunal Bill, the Partnership For Change will ask all Kenyans to consider a National Boycott of all products that attract VAT. This is what every responsible Kenyan (every Kenyan – rich or poor - pays VAT) can do to end impunity in Kenya. It will send a very clear message to the Government that Kenyans want the National Accord reforms implemented.

Signed,
Partnership for Change
9th November 2009

BROUGHT TO YOU BY PAMBAZUKA NEWS

*This statement was published by Mars Group Kenya on November 9, 2009.
* Please send comments to [email protected] or comment online at Pambazuka News.