We are extremely worried that H.E. Mwai Kibaki, President of the Republic of Kenya, is yet to clearly articulate his position on whether Kenya should pull out of the Rome Statute and effectively ICC jurisdiction. This is after our Members of Parliament voted to pull out of the Rome Statute as a rescue plan for the 'Ocampo Six' who are considered by ICC Prosecutor Luis Ocampo as the 2008 PEV perpetrators who bear highest responsibility.
 
President Mwai Kibaki is the official international spokesman of the people of Kenya, therefore, he cannot be neutral on a matter of such significance as pulling out of the Rome Statute, especially when one considers that majority of Kenyans have confidence in obtaining justice for PEV victims through ICC trials.
 
We remember the 1,300 innocent Kenyans who lost their lives in 2008 simply because Mr. Mwai Kibaki and Mr. Raila Odinga could not show statesmanship. The recent display of unity by our politicians across the ODM/PNU divide to fight the ICC process and shield the “Ocampo Six”  is not only a betrayal of the 1,300 innocent Kenyans who lost their lives in 2008, but an indicator that  our government condones criminal acts.  
 
When our national anthem is sung and the principals hear the phrase: “…justice be our shield and defender…” does it occur to them that innocent Kenyans who perished during PEV died screaming those words? One would expect that the President and Prime Minister lead the crusade to pursue justice for the victims as a sign of repentance to the dead, the families of victims and the people of Kenya.
 
Three years on, IDPs continue to languish in the camps without access to basic needs such as food. The solidarity that has been expressly implied or pledged to the 'Ocampo Six' by the President and Prime Minister makes it seem as though the 'Ocampo Six'  are victims of the PEV.

Upon their naming, the 'Ocampo Six' were expressly required not to interfere with the ICC process and desist from engaging in public activities that may compromise the ICC process. However, some of them continue to hold public office and meet even in the very cabinet meeting meant to discuss amongst other government business the demand by Parliament that the President initiates the process of pulling out of the Rome Statute. Isn’t this a blatant violation of ICC conditions? We support the formation of local tribunal in so far as it is meant to try the foot soldiers of the 'Ocampo Six' but it should not be used as an escape route from the ICC process. 

In view of the foregoing concerns, we want to state as follows:
 
1. That Members of Parliament hold public office in trust and their use of that mandate to go against the will of the people of Kenya as they did by unanimously voting to pull out of the Rome Statute is an abuse of power, dishonest and betrayal of public trust. Such actions cannot go without attracting commensurate punishment and voters are waiting for them in the coming general elections. 
 
2. That since majority of Kenyans have faith in obtaining justice through ICC, the President must not succumb to the whims of Members of Parliament who are protecting their peers but must ensure that Kenya remains committed to the Rome Statute and that he is steadfast in ensuring full and un-manipulated support of the ICC process in line with the new constitution. Any action to the contrary is a violation of the sovereignty of Kenyans’ opinion and the terms of his mandate. President Mwai Kibaki must unequivocally state his position concerning the Rome Statute and the ICC process.
 
3. That Kenyans are keenly watching President Mwai Kibaki and Prime Minister Raila Odinga’s actions towards upholding the rule of law and obtaining justice for PEV victims. In that regard, we demand that President Kibaki sacks Minister for Finance Hon. Uhuru Kenyatta, Cabinet Secretary Amb. Francis Muthaura and Post Master General Hussein Ali, if they are unwilling to voluntarily resign and vacate their public offices pending exoneration by the ICC process.
 
4.That since the 'Ocampo Six' continue to violate the ICC court conditions by among other things holding meetings and traversing the country spewing sentiments that are likely to incite passions among communities, we request that the ICC judges expedite the process of having the 6 summoned to the Hague for trial.
 
5.In addition, the IDPs must be immediately resettled and compensated pending the ICC process. Although we support the formation of a local tribunal, the same must be limited only to the prosecution of the foot soldiers even as their bosses face the Hague bench.
 
I urge fellow Kenyans not to allow the ICC process to be manipulated by the political class to the detriment of PEV victims and future of Kenya as a whole. We must remain committed to supporting the ICC process, upholding the rule of law and must not relent in the pursuit of justice. Let us look beyond the short sightedness of tribalism and cronyism and instead adopt the path that leads to the Kenya we want, where everyone is equal before the law and justice is available to all.

By George Nyongesa

The author is National Coordinator, Bunge la Mwananchi and Convener, National Youth Forum. Email: grnyongesa@yahoo.com