For a court to be fair, it must be good to the government in place. It must listen to the ruling coalition, no matter the type of trail.
When the contrary happens, that will outweigh the government's will as citizen’s rights surpass those of the few ruling individuals, the court is linked with bribery and biases.
A leader is a servant who has a great influence over the citizens. Their loyalties should be found on the basis of the public.
They should always fight to see a happy audience behind them. Not suppressing, manipulating and politicizing the people’s rights in forums for their own interests.
It was a happy moment to Kenyans when the news that Ocampo was coming to Kenya to investigate the 2007/2008 post-election violence that claimed over 1000 lives, reached the country.
Kenyans, particularly the victims, were now getting the green light to their long waited happiness. No leader formed or called for a forum to condemn the International Criminal Court motive to arrest the perpetrators.
It should be remembered that the DP Ruto headed the team that spoke against the formation of a local tribunal opting for The Hague.
Everyone believed the court would serve justice. All the credit granted to the ICC started to melt after the names of the suspects were out.
Unexpected division in the then coalition government started to be experienced. The rain started beating on Ocampo, the court, the judges and then later on Bensouda.
The court that was perceived to bring justice to the country started to be taunted. Threats of Kenya pulling out of the ICC were among the top agendas of discussion in major East African Community (EAC) and African Union (AU) forums.
The once established relationship between the court and the Kenyan government deteriorated. Little cooperation was exercised by the government in the proceedings of the case.
Kenya provided little information needed for the case to have a fair direction. How can a fair ruling be made with limited information, limited evidence, little commitment and cooperation of the government, not less than 17 witnesses withdrawing their evidence after suffering assassinations and intimidation, and no recanted evidence was to be used which is against article 68 of the Rome Statute?
The court found it fair to vindicate the defendants as it had no alternative but to give in to the force subjected and call it a mistrial. Of what understanding does all these pressures exerted to the court bring if they were innocent?
Now, who is the enemy to the victims? The court or the government! Is it fair for the acquitted six suspects to shamelessly call for a public prayer rally at Afraha Stadium in Nakuru celebrating the collapse of ICC cases while justice is yet to be realized to those who were killed, to the helpless women who were raped, and to the multitude of persons who were displaced?
What is the unjust with the court? There is little respect for human rights. God is not God of few individuals. There is no need to pull out of the ICC or break the engagement if justice is what is in this country’s core values and principles. We are the enemies of our own.