Al Kags

Sudan’s leader Omar el Bashir was one of the dignitaries at Kenya’s rebirth ceremony – the promulgation of the new long sought after constitution. This has caused a stir both locally and internationally.

In reaction, the International Criminal Court has reported Kenya to the UN security council for “action to be taken against Kenya”. US president, Barrack Obama while congratulating Kenya on the momentus achievement, expressed his disappointment at the presence of el Bashir at the ceremony.
At the very least, the international media, disappointed at the boring “no bleed” story of Kenya’s peaceful transition since August 4th, found something they could bite into. See CNN’s story on Kenya – which you found after the stories of hundreds of cholera deaths in Nigeria and Cameroon, LRA shenanigans, strikes in south Africa and a UN report accusing Rwanda of Genocide in DRC: the story. The BBC and the rest took the same stance.

Locally, I saw the issue raised on the Concerned Kenyan Writers, an email group for pundits, by a scholar of great repute Dr. Wambui Mwangi. In her words she said with reference Supremacy of this new Constitution,
“(5) The general rules of international law shall form part of the lawof Kenya.

“So., ICC,….Omar al-Bashir, je?Aren’t we obliged to arrest him for Ocampo?(Especially since we’re expecting the ICC to do our dirty work for us re:2008?)”

This led to reactions in the affirmative ranging from ambivalent discontent to abject disillusionment: “it doesn’t take a constitution to change Kenya, there is no New Kenya.”

This is my knee-jack attempt at placing the issue in perspective. I am very emotionally connected to Darfur myself because of having spent time and dodged bullets there a few years ago. Bashir must face justice. But despite this personal bias, I must make an attempt at an objective analysis – difficult though it is.

1. Kenya is a signatory to the international law under which the ICC has issued a warrant for el Bashir’s arrest for genocide in Darfur. Therefore Kenya has an obligation to arrest Bashir on behalf of the Hague.

But at the same time, Kenya is a member of the African Union that has taken the official view, based on their analysis of the situation in Sudan, that while it may be true that Bashir may be culpable for crimes against humanity, it is not the best move to arrest him at this point because there are ramifications that may work against the upcoming referendum for the cessation of Kush (Southern Sudan) and the overall peace.

The issue here in my view is this: given that Kenya is party to this AU objection, where does its primary responsibility lie? Arresting Bashir for the Hague is a fairly difficult thing to reverse once done therefore it may be a consideration to play safe and conservatively not arrest him now until such objections have been dealt with.

2. Bashir wasn’t expected as per the list of expected leaders and there was a slight scramble to accomodate him at the ceremony. Given the level of preparedness of the protocol team, who were flawless, we didn’t have cause to notice. When he comes, given the momentousness of the occasion, one would not interupt any of the proceedings to arrest a president of another country and get into foreign relations spats with Sudan, the obvious legal barrage of arguments and so on – not on the birth of a new Kenya.

It is, I am able to see, a lesser evil to be castigated by Human Rights activists and other governments after the majority of Kenyans have taken their constitution and have fully appreciated the enormity of the day.

See, ceremonies while largely symbolic, have a huge part to play in national motivation because an optimistic nation develops faster and takes more effort for itself. This was not another Kenyatta day or May day sort of thing. All other considerations must be secondary – yes, even if it means contravening the letter of the constitution we were then signing into law. Sign it fast then swear in the government, then transact business such as arrest some despot.

I am unable to efficiently proclaim my joy today as my country, Kenya is reborn. It is even more difficult to describe the feeling that I have of hope and optimism in our ability to drive progress and change for all future generations.

I have generally always been like this – hopeful and optimistic but right now there is a resurgence within me that cannot be contained.

I am reflecting today of the many men and women – leaders and wananchi who bear scars of oppression and repression. I am aware of Nyayo house torture chambers and police brutality that had become the norm. I remember what it was like to have potholes as a usual part of any road and I remember my parents and grandparents needing to have whispered political conversation.

I remember the days not so long ago when the papers regularly reported tribal news and commentary – “Ntimama says masais will not be cowed” and most of all I remember the clashes of 2007/8. I remember the IDPs.

I am heartened to know that all of these are going to be mere stories to my children (yet unborn) and that I am free to speak and think as I please.

I am comforted, I am strengthened and invigorated to guard my new found freedom with jealousy. As the leaders took their oath, I took mine too.

I am Kenyan. I have hope.