To Hague or not to Hague....That's the Question.

"In my actions as your President, I have at all times acted in accordance with the Constitution and the Laws of Kenya.... However, our primary duty is to ensure we are guided by the Constitution and ordinary law as enacted so as to ensure the smooth and predictable running of our country."-President Kibaki.

This is the crux of President Kibaki's mitigation in his displeasure with the ruling by the Speaker of the National Assembly. He goes on to say that only the judiciary could interpret the Constitution. Already, one learned judge has cast doubts on the nomination process and ruled that there's a case to be heard on monday and that it is illegal for any individual or any state organ to approve any of the nominated individuals for now.
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It is not enough to simply follow the dictates of the constitution. Justice ought to be seen to be done. The back drop against which these nominations were carried out blurred the clear intentions the President had-if at all he had any, and it is this 'blot' in the picture that  the unheard voice-(which seems to be wailing in the distant background but appropriately propagated by the general opposition to the nominations) is shouting about.

Conventional opinion is that the President needed some facts to present to the AU in Addis to prove that Kenya was ready to tackle its own legal problems as far as trying indigenous 'criminals against humanity' is concerned. The mistake he made, prior to the nominations, he had publicly paraded himself without batting an eyelid with the very people suspected of the said crimes and public statements, by two of the principle six, made in his presence were attributed to be his guiding principle when he pored over the nominations.

No one could therefore not jump into the conclusion that the fate of the 'Ocampo Six' was the driving force behind the hurriedly done 'consultations'- if at all they happened, and me believe they did not. The implication he gave the exercise was that machinery was in place to investigate, arrest, try and sentence the suspects of the 2008 PEV . Had he been wiser, he would have avoided the fraternising he so gleefully enjoyed with the likes of Ruto and Uhuru until after the nominations. One of those nominated, the DPP nominee,  was/is still representing Ruto in another criminal proceeding! The President completely forgot  that 'judges,- or his nominees, like Caesar's wife, should be above suspicion!'

How could he provide the Ocampo Six's wishes; their own prosecutor and their own judge? Which leads me to ponder as I have in the past in this forum, 'just where does the government stand in the 'Ocampo Six vs the victims of PEV'? Does the government really have any 'locus standi' in these proceedings? If yes, then it could fit in as a co-defendant- because there was a 'de facto' government when all these atrocities were carried out. Therefore the government's hand should not be seen to interfere with what the ICC deemed as crimes against humanity. The government abdicated its role when it treated the atrocities as a non-issue until Luis Moreno Ocampo rode into town.
So, Mr President, get your act together and huddle with your Prime Minister and both of you get us a team- clean and spotless, to investigate and prosecute the rest of the PEV suspects. Just let the ICC handle 'the principle six'.