Tuesday, February 7, 2012



MPs who travelled to The Hague in solidarity with the post-election violence suspects.
File | NATION MPs who travelled to The Hague in solidarity with the post-election violence suspects. 
By EMEKA-MAYAKA GEKARA gmayaka@ke.nationmedia.com
Posted  Saturday, February 4  2012 at  22:30
On the evening of February 12, 2009, MPs Lewis Nguyai, Isaac Ruto and Ekwe Ethuro burst into celebration.

The same day, President Kibaki and Prime Minister Raila Odinga walked out of Parliament crestfallen.
The trio were among 93 MPs who humbled the two coalition principals when they voted to reject a Bill proposing the formation of a special tribunal to try those suspected to have organised the post-election violence of 2007/8. (READ: Kenya MPs vote against local tribunal)
This effectively paved the way for the criminal proceedings at The Hague-based International Criminal Court involving eminent Kenyans – including Mr Uhuru Kenyatta and Mr William Ruto. (READ:Annan to send Kenya violence chiefs to The Hague)
About turn
But in a dramatic turn, the group that supported the trials at The Hague has embraced the two accused, emerging as their most vocal supporters in and outside Parliament.
Probably unexplored is the inconvenient fact that the MPs who are posing as their comrades-in-arms by turning up in large numbers at their rallies and spewing rage at the ICC proceedings are members of the very cast that ensured the suspects will stand trial at The Hague. (DOWNLOADS: MPs who voted against the Bill and MPs who voted for the Bill)
The narrative of the meetings has been the push for a unity pact to stop Prime Minister Raila Odinga from succeeding President Kibaki.
In doing so, the accused have resorted to hyperbole and hysteria into which their respective communities have been drawn.
Cry for victims
Justice minister Mutula Kilonzo has been critical of the “prayer” rallies, saying the focus should be on victims, not the accused.
He says: “I see preachers in rallies praying for the accused, but who will speak for the voiceless? Don’t the victims deserve prayers, too? We must not forget the victims of the post-election violence.”
Mr Nguyai – and indeed most of the naysayers – must rue the statements they made in their campaign for the trials to be held in The Hague.
On February 4, 2009, the Kikuyu MP declared that The Hague option was the “only way” to end the culture of impunity in Kenya and ensure that justice was done. (READ:House still divided over tribunal Bills)
He argued that a local tribunal had no capacity to prosecute the violence suspects.
Mr Ethuro was critical of a letter by Head of Public Service Francis Muthaura lobbying MPs to attend Parliament and vote in support of the tribunal Bill.

He was categorical that the high-profile lobbying would not deter MPs from voting for The Hague option.
In a somewhat cruel twist of fate, the same Mr Muthaura would more than two years later be indicted by the ICC, dealing a body blow to his otherwise acclaimed career in the public service.
“We have also to give to Caesar what belongs to Caesar. and we will have an opportunity very shortly to demonstrate our determination and will against the Bill,” said Mr Ethuro ahead of the crucial vote as President Kibaki and Mr Odinga sat a few metres away.
Today, Mr Ethuro (Turkana Central) is a senior member of Mr William Ruto’s United Republican Party.
A review of the Hansard recordings during the tribunal debate reveals that a majority of Kalenjin MPs known to be close to Mr Ruto voted for The Hague option.
Mr Ruto’s allies who voted to reject a local tribunal include Zakayo Cheruiyot (Kuresoi), Cyrus Jirongo (Lugari), Isaac Ruto (Chepalungu), Fred Kapondi (Mt Elgon), Joshua Kutuny (Cherangany), Wilfred Machage (Kuria), Sammy Mwaita (Baringo Central), Kazungu Kambi (Kaloleni) and Moses Lessonet (Eldama Ravine).
Mr Ruto of Chepalungu is often reminded about his much-quoted declaration: “Let us not be vague, it is The Hague.”

RELATED In addition, the majority of the Kalenjin and Kamba MPs allied to Vice-President Kalonzo Musyoka supported The Hague option.
And, although Mr Kenyatta and Mr Ruto voted with the government, their troops were sufficiently mobilised to reject the tribunal.
Kibaki succession
Those in the Kenyatta camp who supported The Hague option are Ferdinand Waititu (Embakasi), Jamleck Kamau (Kigumo), Emilio Kathuri (Manyatta), Joseph Kiuna (Molo), Lenny Kivuti (Siakago), Abdi Nuh (Bura), Peter Mwathi (Limuru) and Clement Wambugu (Mathioya).
Because it strikes at the heart of the Kibaki succession, the ICC debate has been characterised by the most dramatic of somersaults by the politicians – negative tribal sentiment, doublespeak, mudslinging and breathtaking hypocrisy – exposing the repulsive side of the Kenyan politician. It has also “united” strange bedfellows.
Events after the 2007 General Election revealed that there is no love lost between members of the Kikuyu and Kalenjin communities who wielded machetes against each other in the Rift Valley.
Now the ICC twin cases have united their leaders even as their supporters remain apprehensive about their new-found friendship.
But, even then, mistrust between the communities and supporters persists with each insisting that they will back their own for State House.

This was evident during the Eldoret rally where the crowd was split into two, one side cheering Mr Kenyatta while the other celebrated Mr Ruto in his hometown.
But why the sudden change of heart over the ICC proceedings? It is noteworthy that although ICC had not yet linked Mr Kenyatta and Mr Ruto to the violence, reports by the Kenya National Commission on Human Rights had already named the two. This report had been transmitted to ICC.
The Waki Commission, which had identified high-profile individuals suspected to bear the greatest responsibility for the violence, had insisted that they must be tried, either by a special court at home or by the ICC.
While Mr Ruto called into question the credibility of the report by the Waki Commission, Mr Kenyatta was more defensive and strident in trashing the findings.
Mr Ruto had also declared that ICC would take one hundred years to conclude the matter.
To the contrary, the Kenyan case has been defined by its fast pace with indictments issued less than two years after the start of investigations.
A leaked diplomatic cable on a conversation between then US embassy officials with Kinangop MP David Ngugi captures the thinking at that time. The vote was an act of self-preservation.
The November 4, 2008 cable said leaders from central Kenya had agreed that the Waki report should be implemented, but that it must be handled cautiously because of the inflammatory nature of the charges likely to be levelled against Kikuyu leaders.
“Many Kikuyus feel that Kikuyu leaders implicated in post-election violence were engaging in self-defence and should not be equated with Rift Valley organisers, who engaged in unprovoked violence,” said the cable.
On the other hand, ODM politicians held that The Hague process would not only take years but would also spare actual perpetrators of the violence, especially in Naivasha, and police who are alleged to have killed civilians in Kibera and Kisumu.
Then there is the small matter of Mr Odinga. It is understood that PNU politicians, in supporting The Hague, were convinced that having inspired mass action during the violence, his name could appear in the Waki envelope.
Mr Odinga and his handlers have not been effective in fighting deeprooted propaganda that he engineered The Hague proceedings to eliminate his opponents from the presidential race.
“I am not Judge Philip Waki or Kofi Annan,” he told the Sunday Nation in reference to the judge whose team identified the ICC suspects and the former UN secretary-general who handed over the names to ICC prosecutor Luis Moreno-Ocampo.
After the prosecutor made the names public, Mr Isaac Ruto led MPs allied to Mr Kenyatta and the Eldoret North MP in a parliamentary effort which saw them secure a vote for Kenya to withdraw from the Rome Statute.

Legal capacity
But Mr Odinga criticised MPs who were pushing for Kenya’s withdrawal from the Statute, saying they were the very ones who frustrated the government’s efforts to set up a local tribunal.
“Mr Ruto (Isaac) said that we should not be vague, we want The Hague; it is Ruto who took us to The Hague, Mr Speaker,” Mr Odinga said during debate.
But in a dramatic about-turn, the MP argued that Kenya did have the legal capacity to try the suspects.
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Add a comment (55 comments so far)
  1. Submitted by chawia
    Kenyans we need divine intervention. What went wrong .. this people voted for Hague why are they now praying ......... Kuna aina ya maombi ni kelele kwa Mungu .... Pastors are also compromised, they have not prayed with IDPS ooooh tuko kwenye shida.
    Posted  February 06, 2012 06:11 PM  
  2. Submitted by Wanawakewakni
    We give them audience simply because our memory fails us. I do not see this piece as special; it is we who are not special. All in all, the reminder carries some good.
    Posted  February 06, 2012 06:06 PM  
  3. Submitted by Koriko
    It's upto you kenyans who buy their selfish and stupid propaganda.The church has again let us down,' pray for suspects and forget about the victims'!!! keep on praying with your stomach insead of souls, we are watching.
    Posted  February 06, 2012 03:15 PM  
  4. Submitted by davisayub
    why don't u make such reports on TV? show Kenyans the said parliamentary proceedings and the hansard? shame these fools
    Posted  February 06, 2012 02:58 PM  
  5. Submitted by JAKOWE
    This is one of the greatest articles that our beloved team in Nation centre have given us. This is a great job done, kenyans have now come to know the truth. For sure if you cheat people, you can't cheat them at all times, says HON, WILLIAM RUTO and allies. Please tell us the truth, then we shall definately hand over the state house to you with our votes.
    Posted  February 06, 2012 12:47 PM  
  6. Submitted by eliasagai
    Dear Kenyan lets be people who speak TRUTH to set us free. The real people who voted for HAGUE are now known. They are now SHEDDING crocodile tears for their "friends" the OCAMPO four. Men who strived hard to form local tribunal like RAILA and KIBAKI are now being vilified, called names,abused. GOD please come and HELP our country.
    Posted  February 06, 2012 10:40 AM  
  7. Submitted by nakun
    Reminds me of one Aladwa, these guys seems to forget so fast.
    Posted  February 06, 2012 10:04 AM  
  8. Submitted by Dwatti
    Talk abt our politicians not being able to see how there current action will affect them in future.What makes me 'wipe my tears' is that some galible Kenyans actually belive the lies they peddle that a certain senior politicians is to balme for a problem of there own creation
    Posted  February 06, 2012 09:56 AM  
  9. Submitted by si_cheki_ovyo_ovyo
    Good. Now can each one of them say they were misquoted. Dare they say it was their opponents who spoke, not them? If I had the money, I would make this into an advert and run it everyday at prime time till they get voted out of office.
    Posted  February 06, 2012 09:56 AM  
  10. Submitted by odhiodongo
    May be the MPs who supported The Hague option but later on changed their position thought that International Criminal Court is similar to International Court of Justice. There are solid reasons why the ICC was established. And unlike other international institutions that were formed before our countries got independence, the process of establishing ICC was intensive and African, Asian and Latin American states were greatly involved, so nobody should complain that ICC is being used for imperialist motives!
    Posted  February 06, 2012 09:42 AM  
  11. Submitted by mreshsonko
    This country has only two classes rich n poor only thus its high time we voters took a bold step and make decisions that are of benefit to us.Politicians dont know effects of Inflation its us general public who are feeling the pinch thus lets use our voters cards wisely.
    Posted  February 06, 2012 09:24 AM  
  12. Submitted by jakogwen
    When a white man says Africans are dumb now you have a good reason to believe them.some of these are university graduates and all have been elected by majority in their backyards.this behavior is not limited to African villages,you can see it in African elite ie decision makers.And someone still thinks Africa can develop.
    Posted  February 06, 2012 09:08 AM  
  13. Submitted by jio199
    kudos DN,by this article I am thoroughly educated, entertained and refreshed. Keep more coming from where you got this.
    Posted  February 06, 2012 08:55 AM  
  14. Submitted by daworay
    I am suprised by the turn of events in this country, I believe that would Gitobu Imanyara's bill gone through then the division in the country would be as evident as it is now, politics will always remain as it is, the two who have been vindigated but when they become a victim now you start blaming the other.
    Posted  February 06, 2012 08:38 AM  
  15. Submitted by tkjumbe
    Refreshing read. We need this kind of factual analysis if our media is to be credible, instead of the usual "so and so said this and that blah blah...." By the way, where's Whiplash et al?
    Posted  February 06, 2012 08:31 AM  
  16. Submitted by levingi
    this should teach us as kenyans to take issues objectively and seriously and desist from politicising everything.
    Posted  February 06, 2012 07:41 AM  
  17. Submitted by clemo
    DN, I call such an article responsible jounalsim. When an adult of all the people an Mp keeps repeating falsehood to people they believe they are being told the truth. You have exposed these liars, now have this clip aired in the Kenyan tv channels, to put this thing to sleep. Let's try it one more time, Who took WR and UK to Hague. Dont be vague tell us the truth.
    Posted  February 06, 2012 01:02 AM  
  18. Submitted by manyanjm
    Thanks Daily Nation paper for telling us the truth.These pple took thmeselves to hague and now they blaming Raila..we now know and please make sure DN you educate the kenyans the truth...If i were Raila i will sue then in court .Same on them and now i won't listen to them as i have known the truth.
    Posted  February 05, 2012 09:17 PM  
  19. Submitted by Mwauranjua
    Nimefurahi sana kwa hii story mumeleta. MK and RO made great efforts to set the tribunal here. Now the same MPs want us to believe that ICC is playing politics. Come on guys lets not cry now, for every action has an equal reaction.
    Posted  February 05, 2012 07:47 PM  
  20. Submitted by amisoi
    Neither The Hague nor the Local Tribunal can solve the problem of violence after violence following each election. What will heal the perennial scar is the institution of RECONCILIATION mechanisms where every citizen is persuaded to work together and the leaders to implement the new constitution with total fairness without favoritism based on one’s tribe. In other words it is the citizens and the leaders themselves that will bring order and not punitive measures. Had punitive measures been the remedy then the government security organs could have resolved the problem, but on successive times the solution has been elusive.
    Posted  February 05, 2012 06:30 PM  
  21. Submitted by Maskinijeuri
    Uhuru and Ruto are playing with dynamite. Soon the honeymoon will end for these strange bedfellows. Ruto,s community will not vote Uhuru president. Uhuru's community will not vote in Ruto either. Very soon the break up will come and then these 2 "friend" will even forget Rails as they go for each others jugular.
    Posted  February 05, 2012 05:01 PM  
  22. Submitted by parara
    DN, these are the sort of analytical articles we want to read. We don't care where they come from and when you want to write them. We have always wanted to know who voted how and who said what. That way we will not be biased by tribe
    Posted  February 05, 2012 04:13 PM  
  23. Submitted by BELTANEFIRE5
    It goes to show these MPs are like the wind always changing direction Or possibly they are only concerned with thier own political welfare and not the welfare of the law in Kenya,or are they afraid of what the accused may say at trial about them.
    Posted  February 05, 2012 02:55 PM  
  24. Submitted by Blessedbravo
    Do the supporters of (these) politicians have minds of their own? Is there logic in Kenyan politics? Would the nation have been more viable if the Constitution was written to make it a Federation of tribes - with the Counties purely based on tribal exclusivity? The few mixed or smaller tribes would then (have been asked) to vote where they want/ed to be through a referendum? We make everything else seem so silly and illogical. Could this all be blamed on people lacking education and/or being primitive thus being exploited by politicians?
    Posted  February 05, 2012 02:40 PM  
  25. Submitted by mzewangoma
    Thanks Nation for this article.This is what we were asking for last week and you did it so fast,getting us the lists of who votted for and against local tribunal.now we know who sent Ruto and Uhuru to the Hague. “Mr Ruto (Isaac) said that we should not be vague, we want The Hague; it is Ruto who took us to The Hague, Mr Speaker,” Mr Odinga said during debate.
    Posted  February 05, 2012 02:38 PM  
  26. Submitted by mozal333
    Nice piece here. waheshimiwas shifting goal posts. If they only took a second to think before they opened their mouths, their cronies would't have been in this dilemma. The most saddest thing is the deniability that comes after. wouldn't it be nice to hear them once say sorry!!my mistake.
    Posted  February 05, 2012 02:28 PM  
  27. Submitted by Jamba09
    Any body who voted for the Hague and have changed tune has proven that they are shortsighted and should never be trusted with leadership if we are to go anywhere as a nation. They dont know where they are headed and will take there followers nowhere.
    Posted  February 05, 2012 01:04 PM  
  28. Submitted by Fikiria
    I can't wait for that time during election campaigns when rival camps buy TV prime time to advertise the contradicting statements made by their rivals on certain issues. I would particularly love a clip of 'Dont be vague, we want the Hague' and another one where he lambasts the Hague. Honestly I can't wait!! Thank you so much for the data.
    Posted  February 05, 2012 12:58 PM  
  29. Submitted by naribiro
    Lets play a fare game here,Raila did not give any names to ICC.
    Posted  February 05, 2012 12:53 PM  
  30. Submitted by tpeteh
    The old adage: be careful what you wish for, aptly captures their predicament. In 2009 they falsely believed they were in control but it’s clear now that they missed the big picture. Demonstrates how small minded our politicians are. Has anyone noticed how they have now narrow mindedly focussed on helping alleged chaos masterminds? One would think that as leaders their focus should be on helping the victims. Am sure in their selfish calculations, they have determined this is how they will get re-elected. If Kenya is to move forward, they must be shown the door at the next election.
    Posted  February 05, 2012 12:50 PM  
  31. Submitted by Mangicho
    This is a very good work Emeka.Because our leaders are full of lies and propaganda, the media should come up and heal the nation with the truth. If the people are reminded of realities and truths they make sober, non emotional and informed opinion on these sensitive issues. Now putting it on Raila is like trying to make kenyans believe that mt. kenya is lake victoria. And to my surprise some are already at it. Very huge rallies for propagating lies, very wrong.
    Posted  February 05, 2012 12:49 PM  
  32. Submitted by wagicheru
    ,,,,good work DN, factual reporting at its best..kudos!!now we know who has been lying to us..
    Posted  February 05, 2012 12:24 PM  
  33. Submitted by bjwg
    Its so refreshing to see a reflective piece. Just repeating what these wretched politicians say is a dis-service to your profession and to your readers
    Posted  February 05, 2012 12:10 PM  
  34. Submitted by mwaimbugua
    Indeed, let the truth be told to all Kenyans. True leadership is about consistency and honesty not sycophancy.How do we trust such people who today they say one thing and tomorrow contradict themselves. Non of them deserve our votes fellow Kenyans! Kudos Nation.
    Posted  February 05, 2012 12:06 PM  
  35. Submitted by Coucal
    Thanks for the facts - which you can bet there will be "some" who will want to put them to "our enemies".But just wondering may be some of these guys don't understand issues before they panyuka. Is it English they don't understand or are they challenged else where.?
    Posted  February 05, 2012 11:43 AM  
  36. Submitted by mhersi
    Our so called leaders who are nothing but a bunch of opportunists and seal seekers.Uhuru and W.Ruto voted for local tribunal, they should now know who are their true friends.i can't employ any of these MP's
    Posted  February 05, 2012 11:22 AM  
  37. Submitted by shadrackmbui
    A good reading that reflect a shift from mere reporting to analysed facts. We need more of open facts.
    Posted  February 05, 2012 09:54 AM  
  38. Submitted by kotieh
    Kenyan politicians are mean with truth. They would like to look elsewhere for a problem of their creation. Look at the hypocritical MPs, who are now louder over ICC - aren't they the same people who said “Don't be vague, when Kibaki and Raila went to Parliament to pass the Bill to create a local tribunal? Shame of them, hypocrisy will forever remain the swine of Kenyan civilisation
    Posted  February 05, 2012 08:53 AM  
  39. Submitted by jamilbaba69
    Doublestandards. You happily voted for the Hague and now you are unable to swallow the bitter pill. You have shoot yourselves in the foot and now you are crying. Be men and face the reality for you have no one to blame for your tribulations.
    Posted  February 05, 2012 08:04 AM  
  40. Submitted by wuodkadu
    It is all about power and my community.They are thinking about Kenya but about their future stomach.Hypocracy!
    Posted  February 05, 2012 07:53 AM  
  41. Submitted by Backtoblack
    What a bunch of clowns.... You know what they say...you can fool some people sometime but you cant fool all the people all the time. Please kenyans... WAKE UP AND SMELL THE COFFEE!!!
    Posted  February 05, 2012 06:48 AM  
  42. Submitted by NyangeriSJ
    Its time Kenyans understand the truth of the matter, Kenyan politicians are using Kenyans especially their tribes to maintain the status quo, thanks nation for your effort to educate kenyans, we tend to forget alot...remind us again and again.
    Posted  February 05, 2012 06:34 AM  
  43. Submitted by jakager03
    I am proud to read of my support to the vote to have these cases taken to Hague and consequently delighted that I positively commended Dr. Annan in handing the Waki Envelope to the ICC. So, once again, I am EXHILARATED to see that wheel of justice grinding as fast as I had prayed for. So much for my 'nays' comrades of then who have changed tunes. Romulus Okwany, USA
    Posted  February 05, 2012 06:28 AM  
  44. Submitted by alfotula
    Tell them. What took u so long?
    Posted  February 05, 2012 05:53 AM  
  45. Submitted by Ayana
    Why blame RAO if UK's and WR's close friends are the ones that voted against the local tribunal?.Kenyan MPs are nothing but a bunch of hypocrits..
    Posted  February 05, 2012 05:41 AM  
  46. Submitted by gibbs22
    THANK YOU "THE DAILY NATION." Good to remind Kenyans the facts !!!
    Posted  February 05, 2012 05:15 AM  
  47. Submitted by afriman78
    Thanks for revisiting this. I, like many kenyans, was misled into believing that Hon. Odinga took Ruto and Kenyatta to ICC. I have today made abouturn,... Ruto and Kenyatta took themselves to ICC period and Hon odinga should file for character defamation.
    Posted  February 05, 2012 05:14 AM  
  48. Submitted by Osoregeorge
    The truth and nothing but the truth,Ukweli mtupu !
    Posted  February 05, 2012 04:24 AM  
  49. Submitted by powili2002
    Our MPs think all Kenyans are stupid and can be fooled around. Those who are supporting them blindly are the most worrying who will take Kenya back. Kenya has a problem of "our man" even if our man is wrong. "Our man" is what we need to deal with collectively.
    Posted  February 05, 2012 04:07 AM  
  50. Submitted by zem2011
    This information should be used to hold LIARS and those holding fake prayers to account. They have natioanized for lies without shame,yet they are known.There is data with names with those who votted for the ICC but now allege others(read Odinga).Those who votted HAGUE should have been bold enough and say,we erred. We did not foresee this. We thought 100 years of investigation were out there in the cosmos.It is saddening when they say,"eti wengine wanataka sis twende Hague ndio wajukue uongozi."Sad indeed.
    Posted  February 05, 2012 01:44 AM  
  51. Submitted by ukwelitupu
    The truth shall always come out. They took themselves to hague, why blame someone else now. Kuishi kwingi kuona mengi. They lied to themselves, now they are lying to the nation. To vote these guys in as leaders next election will be short vision amongst ourselves. We need visionaries and leaders who think hard before talking.
    Posted  February 05, 2012 01:25 AM  
  52. Submitted by shalomk
    Wait a minute! We supported the Hague because we believed that they will bring justice to the victims. We however changed our support when we realised that we were being insulted. The prosecutor insulted the quest of the victims n the genuinely concerned by prosecuting the innocent. Do you then expect us to support the ICC? There is a shortage of fools in this country!
    Posted  February 05, 2012 12:42 AM  
  53. Submitted by jojokenya
    “I see preachers in rallies praying for the accused, but who will speak for the voiceless? Don’t the victims deserve prayers, too? We must not forget the victims of the post-election violence.” Calling the noise made at the rallies prayers is an insult to God. God is a God of justice and the victims are also His creation.Those "preachers' are nothing but golddiggers!
    Posted  February 05, 2012 12:35 AM  
  54. Submitted by sifa1sifu
    remember that granny crysing helplessly outside burning church in eldoret? plus the terrfied folkskids screaming in there and all outlets blocked by harsh perpetrators. i get chills. as you look @ those dudes and ladies looking all kenyan in that regalia NEVER FORGET the victims. and BTW this thing of sweeping hostorical land injustice is not helping matters @ all. u cant force people 2b ok with bad things. plus it is just fodder for slefish politicians. some hard things have to be done @ some point 2 resolve historical injcustice. but in legal n moral way
    Posted  February 05, 2012 12:01 AM  
  55. Submitted by cyberspc
    They voted for the hague, now what do they want?
    Posted  February 05, 2012 12:01 AM