The Supreme Court of Kenya has spoken. I do not understand how they came to their decisions. However we now must move forward. I hereby congratulate President-elect Uhuru Kenyatta on his election as the fourth President of the Republic of Kenya. I also congratulate Deputy President-elect William Ruto who becomes Kenya’s first ever Deputy President.
I wish them all the best as they form a new government.
As one of the 5.3 Million Kenyans who did not vote for them, and as
part of the political machinery mandated with ensuring that Cord won, it
has taken me a while to recover from the shock of March 9. I then held
on to hope that March 30 could change something; it did not. I have now
accepted that Kenyans voted for someone else other than my candidate. I
am a democrat and will respect that decision.
The March 4 general election was directly connected to the
‘un-completeness’ of the 2007 polls, and especially its violent
aftermath. As I have shared before, I spent two years after those two
months of national shame travelling around the country meeting various
communities in inter-ethnic dialogue forums. The results of these forums
was a firm conviction that the only way we would ensure that nothing
like the 2007 violence ever happened again was to institute a judicial
process to investigate and prosecute those found to have been behind the
After watching the difficulties of trying to establish a local
process, I became convinced that only the ICC would achieve these ends.
Two years ago, a sections of MPs contemplated removing Kenya from being a
signatory of the Rome Statute to stop the ICC process. To counter this,
I was part of a highly successful nation-wide signature collection
effort to rally Kenyans to support the ICC. In less than 6 weeks we had
collected 1.4 million signatures and all attempts to stop the ICC were
After this election, I have to accepted that I have been very wrong on this issue.
When the Supreme Court confirmed to the whole world that Kenya held a
generally free and fair election, I had to accept that two years after
collecting the signatures in support of ICC, 6.1 million Kenyans have
stated emphatically that they do not agree with what I assumed was the
Kenyan position on ICC. There is no other way to explain how these many
people voted for a presidential candidate and his unning mate who have
openly been indicted for crimes against humanity by the ICC.
Basically the election results are telling the world we have all
learnt from what happened in 2007; we have sorted the issues and made
the political adjustments; we now want to leave it behind us, and to be
left alone to move forward. Compare this with the fact that that all
these Kenyans were willing to accept whatever decisions the Kenyan
Supreme Court came up with on the presidential petition. Kenyans have
clearly voted against the indictments, and the ICC.
Kenyans have democratically closed ranks around Uhuru and Ruto by
making them President and Deputy President. The Supreme Court has
confirmed that this was done in a fair contest and a transparent
process. The main contender for the presidency has accepted this
decision; the Kenyan people have settled down to it, whatever side of
the political divide they support; and the international community has
acknowledged this decision. Now all of us, not just the 6.1 million who
voted for Uhuru and Ruto, or even just the 12.3 million who went to the
ballot; but all 40millio of us Kenyans, must move forward and support
the new President and Deputy President as leaders of our nation. We have
a responsibility to do this as Kenyans.
Now the ICC must take note and adjust accordingly. There will be
great difficulty should the ICC now wish to parade them on the world
stage as international criminals. Kenyans will not take this kindly,
neither will they support it. The international community has also been
called out on their bluff on possible sanctions and ‘non-essential
contact’ claims. They will not be able to do much on this lest they are
accused of using the ICC cases to manipulate Kenya’s foreign policy to
Kenyans have voted against the ICC and the court must now be asked to
leave Kenya's newly elected President and his deputy alone to fulfill
their new mandates in serving the Kenyan nation.
The writer is the head of Change Associates.