Tuesday, 4 February 2014

STATEHOUSE MEETING: HOW MOBILE Companies goof on Westgate may let UHURU off HAGUE

President Uhuru Kenyatta late evening released a single photo of his meeting with mobile operators in Kenya. Just one photo. The country may not have cared but for posterity and the archives of history; in so far as the Hague is concerned, yesterday may as well have been the last turning point for a president charged for crimes against humanity. To put it plainly; no evidence with a threshold to nub Kenyatta will ever be adduced in Kenya, assuming the ICC still relies  on Kenya to cooperate.
On the same day yesterday; both the United States Ambassador and the Russian Ambassador visited statehouse. Plot is thickening now.
Now, earlier, in a secret application at the High Court, President Kenyatta had sought from the mobile companies details of call logs of a duration which, from what is in the public domain, may form an important crux of his cases at the Hague. These applications were filed by his lead counsel, QC Stephen Kay; a Briton.
Suffice to say, all the mobile companies in Kenya are foreign-owned; with a huge share of Safaricom, a subsidiary of Vodacom, being a British company!
The Kenyan mobile service providers are believed to be one of the great links between the Kenyatta and the post election violence of 2007-08. The case at the high court, which civil societies and victims organizations  have applied to be enjoyed, with little success, is a rubicon for Kenyatta, and which, should the telecommunication providers yield and offer the information the president is allegedly seeking, could just be the end of the search for justice for the victims of the post poll violence.

This writer, after news first came out that the president was meeting mobile service providers, called a legal expert on matters ICC and enquired on this new move. The advocate was emphatic:
The president has cornered the mobile service providers. They are going to trade. The service providers; for their greed and failure to fully comply with kenyan laws did not block all unregistered sim cards as the law required. According to credible sources in the intelligence service, especially the foreign intelligence authorities investigating the Westgate, attackers may have used these unregistered simcards to coordinate the heinous killings in Nairobi. So the president will give them options; trade or leave the kenyan mobile service market. Remember with optic cable and mobile money transfer; this is a market the foreigners will not leave. Justice be damned! 
It is such scenario as happened yesterday where an accused president can trade, using legal and legitimate state power that had informed an earlier petition to bar Uhuru and Ruto, then candidates for the office of the presidency; from vying. That was back then.
The president knows a lot of things about these cases. He knows almost everything that the CID and the NSIS gave out to both the Waki Commision and Ocampo. From his legal briefs, the alleged communication network which he is said to have personally coordinated with the Mungiki and which led to the killings of then ODM supporters; or people of western, nyanza and rift valley origins who stayed in Naivasha and its environs are a reality to him; to escape is to destroy, BY ALL MEANS NECESSARY (emphasis mine) any evidence which the mobile providers may be having. Yesterday, he inched closer to towards that final ugly end. Again, justice be damned!
By Uhuru entering into a soft deal to let the mobile operators, many of them foreigners whom, until they rushed to statehouse were being sought for criminal offences relating to Westgate, something was traded. The question is: what was it? It should interest you that while the presidency, or statehouse, is known to release tens of photos of such events, on this one, just a SINGLE photo; one taken after the meeting in front of Statehouse, was released. Didn’t they say a picture is worth a thousand words?
Also, considering that Uhuru recently employed Mutahi Ngunyi, a well known Machiavellian anarchist, the president appeared to have been well ‘advised’. In all these, the Kenyan public suffers double jeopardy. One, if the channel of communication was to be used to trace the events at westgate; your president has already hijacked that end. . .forget westgate!
Two, it puts the rule of law at the mercy of the highest bidder. When a country is not cushioned from rogue multinationals, every citizen is left on their own devices and designs; a detour to the rule of the Jungle becomes a reality. Hard times people, fasten your belts!

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