A section of the "Ocampo Six" (second row) at The Hague Photo courtesy

Vice President Kalonzo Musyoka justified his infamous shuttle diplomacy by saying that Kenya was a sovereign state. That is not in doubt. But then, it is also true that sovereignty is not a licence to freedom from justice. Under the principles of natural jurisprudence and as entrenched in a myriad international convention, no state can abdicate the responsibility to protect its own people from crimes against humanity, let alone justify perpetrating such crimes. More so, it is the duty and obligation of the state to guarantee reasonable and humane living conditions for its citizenry.

When a state manifestly fails in that protection, as is the case with Kenya, it is the wider international community’s responsibility to provide it by taking collective, timely, and decisive action. This may be judicial or force (military). With this perspective, take the case of Kenya.  Following the Post Election Violence, IDPs are still in camps, living in deplorable conditions. A section of the coalition government feels the Ocampo six should not face justice at The Hague.

It is not in doubt that Kenya is on the verge of disintegration, disaster and failure as a state. The acrimony that characterized the entire political landscape following the whirlwind campaigns of the Hague duo of Uhuru Kenyatta and William Ruto across the country ahead of their departure in the last fortnight has been an apt recipe for disaster for Kenya.

Interestingly, the anti-Prime Minister Raila Odinga alliance appears to be hell-bent on orchestrating tribal sentiments and personal vitriol. Kenya at the moment is like a bus hurtling downhill without a driver.

All Kenyans have to act and act fast to save this country. Ordinary Kenyans and members of the civil society have to yet again show the potency of their power and clout. The masses have to forcefully wrap the raw power of the executive with the shawl of the popular will by saying no to war mongers and political mercenaries.

The dysfunction and paralysis in the coalition government and parliament speak of a political class that is myopic, selfish, destructive and does not acknowledge that Kenyans are fed up, and could explode any minute. Kenyans have entered the door of no return – they are boiling.

Apparently, in a bizarre move, the political elite mistakenly believe that it has taken hostage the “sovereign will” of the people. These lords of impunity bestride Kenya like so many colossi. Individuals who have been cited for the most heinous crimes known to man sit at the inner sanctum of power. They must believe that Kenyans are simpletons, unable to see through their cruel charades.

Kenyans have risen from the ashes before. They gallantly fought for independence and drove the British out. They emancipated themselves from the Kanu dictatorship and subdued it. Lately, last August, Kenyans forced a democratic constitution on the feckless political class. I believe Kenyans are poised to rise again.

Kenyans are angry with the attempt to sabotage The Hague trials of the Ocampo Six by ICC for alleged crimes against humanity. Most Kenyans – sick of impunity by the high and mighty – want justice at The Hague.

Kenyans are mad that VP Kalonzo Musyoka’s ill-fated shuttle diplomacy to woo the AU and the UN Security Council to defer the trials of the Ocampo six cost taxpayers in excess of a whooping KShs 75 million. Notwithstanding that that IDPs are still languishing in camps. This is indeed an insult to the intelligence of Kenyans and the international community. It’s over three years since the violence – why haven’t they tried the perpetrators?

Kenyans are unhappy with impunity and lawlessness.  The tussle between the pro and anti-Hague is an epic duel between the new order and the old mindset; a monumental confrontation between the rule of law and the vestiges of impunity.

By Kasembeli Albert.

The author is a Nairobi based journalist and commentator on topical issues. [email protected]