By their very own utterances as quoted in the Media, Ruto and his Comrade in ....eerr.., ok, ICC indictment, the coming General elections will essentially be a referendum on ICC!


Never mind that, this kind of posturing by its very own self, amounts to an affront on the ICC by an accused person under the court – a matter that portends serious consequences that could include being put under confinement as the case proceeds.

Be that as it may,

Post March 4 2013, one wonders what Ruto and Co will tell us after they are handed a resounding loss at the elections.

Following on their logic, Kenya will have voted that they submit fully to ICC. Hope they won’t change the story!

A true referendum but consider the fact that they may win the election.

And will they say that because the Kenyan courts have cleared them to run, then their innocence is proven? (In case, they are cleared)

If no. How can the 'referendum argument' be valid and true?

Isn't this a different argument? Does it mean the cases can't be put on hold till end of term?

There's nothing like a referendum on the ICC. Not unless we are talking of life presidency.

The courts(pontious pilate) had already set the believers free for a referendum election, if the cries (kogaloistic) 'crucify them give us barbarus' are over whelming then barabus will stand more or less alone, in the coming elections, but if the shouts of believers 'set the believers free' are louder, then we will see the light if we believe. That's how wisdom works, it isn't perfect but it is better than logic(marxism).

Supposing Jubilee wins the elections and then two years down the line the ICC suspects are convicted, what is the position of our constitution in regard to transition?

I think when we are talking of a 'referendum' on the ICC(NB:Referendum in quotes) all we are saying is that we want to find out if the voters(kenyans) really thinks the ICC should even be trying the suspects in the first place. Do we need ICC? That's what we are asking.

Lets debunk some myths.

There are three main ways of getting cases to ICC

-By referral by UN security Council.
-The State itself petitioning ICC.
-The ICC prosecutor taking own initiative.

Hence even if Kenya were not party to the Rome charter, chances are that the PEV cases would still have ended up there!

Again, ICC is not subject to Kenya’s constitution. If the Indictees fail to show up for their cases (whether on account of AG advice or not) warrants of arrest will follow.

Thereafter, if the fugitives - as they will be called then,- travel to Rome statute member Countries they will be nabbed and handed to the Hague court.

Even assuming they are elected as President and D. President, (very unlikely if you ask me) and then they choose to travel to Hague for their cases, there is a huge chance that they could be locked in on account of flouting the conditions for remaining free while the cases proceed.

Now Imagine Kenya’s President and/or his deputy locked up in a cold Cell in Holland!

There will be no such thing as postponing the case ....they will use that stipulation in the constitution to avoid going to trial, ....then in contravention of international law. A legal quandary, but the Rome statute does not bow to local country laws. The only way is for supreme court to stop the presidential bid, kenya to sign out of the Rome treaty or the constitution to get amended. We wait and see.

Hii yote ni propaganda. Uhuruto any time!!! Can't trust presidency to akina Nyongo' na Raila. Better with suspects!!!