This staement was made at a prayer Rally in Suswa Grounds, Narok County on 18th October 2015. The prayers were offered by the Jubilee leaders on behalf of Deputy President William Samoei Ruto who then had an ongoing case at the International Criminal Court (ICC) the Hague.
We the people of Kenya, thank the Almighty God for protecting our country, uniting our communities and answering our prayers. Over the last few mont5hs, we have witnessed revelations in various forms. Starting with the judge who withdrew her participation in the cases due to her involvement in the passage of the controversial Rule 68; actors on both sides of the political divide now admitting for the first time that they either knew of, or participated in the framing of the accused, and yesterday’s confirmation by human rights activists of their knowledge of the use of false witnesses.
We wish therefore to restate the following:
1. We affirm our strong belief in and commitment to the rule of law, due process and constitutionalism. Kenya is a sovereign democratic society with robust Bill of Rights that guarantees freedom of thought, speech and expression. When we subscribed to the Rome statute, we believed that these constitutional rights would be the basis of our engagement with the ICC.
2. The statement by the Trial Chamber attesting to lecture, intimidate and gag Kenyans and their leaders in the mistaken hope that they will subdue them into silence is unfortunate, unlawful and a gross violation of the basic values of the Rome statute and fundamental principles of international law.
3. We are shocked that this unwarranted lecture and attempted intimidation by the Chamber was orchestrated, prosecuted and determined by the Court without an application by any party as would be expected of any judicial institution of any standard.
4. This raises fundamental questions on the general independence and integrity of the court: on whose behalf, at whose behest, on whose motion and for what benefit was the Court acting in making this bizarre intervention.
5. We want ICC to understand that respect is EARNED. When the Court violates basic tenets of International law and its own statute by orchestrating the introduction of rules midway through trial, then goes ahead to enforce them retrospectively, how do they expect respect?
When the court degenerates into believing statements that have been recanted by the witnesses who authored them before judges in court, the court cannot and should not escape criticism. When the court frustrates the establishment and operationalization of an independent oversight mechanism as provided by article 112(4) of the Rome Statute to ensure accountability of all organs, and instead opts to operate opaquely and with impunity, then where does the court find the morality and legitimacy to lecture Kenyans and their leaders?
6. For the record, on Friday, Kenyan parliamentarians from CORD and Jubilee petitioned both Assembly of State Parties and the United Nations Security Council to without any further delay set up and operationalize the independent oversight mechanism envisaged in Article 112(4)and to immediately conduct an inquiry into the Kenyan cases and specifically the matters of witness procurement, bribery and coaching that have bedevilled the Kenyan cases from their commencement, and which have recently been corroborated by critical actors.
NOW THEREFORE, AND FOR THE AVOIDANCE OF DOUBT, we the people of Kenya wish to state that we are a nation founded on the principles of the rule of law, respect for human rights and constitutionalism, and that we do and will resist at all costs, by all means and at all times any forms of dictatorship from any quarter, including the ICC.
Kenya is and shall continue to be a free, open and democratic society and nothing less. We shall continue in prayer. These we will defend with our all.