Do not be deceived even for a moment by the latest
round of spirited fight put up by the Jubilee Coalition to have Kenya withdraw
from the Rome Statute. It is just but a gambit by the Jubilee government to
divert public attention and shift focus away from the VAT Bill 2013. From the
look of things, the ploy is working! Instead of lamenting about the 16%
taxation of basic commodities, public attention has now shifted to discussing
an issue as useless as whether the country should pull out of ICC or not.
Believe it or not, the government is not made
up of dim-wits. Neither is your president nor his deputy unintelligent. Your
government knows very well the possible risks of having you – the taxpayer –
become preoccupied with painful thoughts of having to part with extra cash to
purchase your basic commodities from your already strained and shallow pockets.
The government is banking on the knowledge that Kenyans have an inherent
affinity to matters political, even to the extent of sleeping hungry over
really mindless political discourse. And as is our wont we are now deeply
engrossed in discussing this issue that is really going nowhere. From the civil
societies, the media to the hoi polloi, every platform is now awash with
discussions for and against pulling out of the ICC.
This is public knowledge. Article 127, 1, of the Rome Statute
categorically states that a State Party may, by written notification addressed
to the Secretary-General of the United Nations, withdraw from this Statute. The
withdrawal shall take effect one year
after the date of receipt of the notification, unless the notification
specifies a later date. Please note the one year period stipulated for any withdrawal
notice to take effect! Even if Kenya was to give intent of pulling out today, let’s
just say by default we will remain tethered to that which we seek to sever
cords from.
Furthermore, part 2 of the same Article, states that a State
shall not be discharged, by reason of its withdrawal, from the obligations
arising from this Statute while it was a Party to the Statute, including any
financial obligations which may have accrued. Its withdrawal shall not affect
any cooperation with the Court in connection with criminal investigations and
proceedings in relation to which the withdrawing State had a duty to co-operate
and which were commenced prior to the date on which the withdrawal became
effective, nor shall it prejudice in any way the continued consideration of any
matter which was already under consideration by the Court prior to the date on
which the withdrawal became effective.
This is self explanatory I believe. In other
words even if Kenya was to withdraw today, the crimes against humanity cases against
your president and his deputy will continue unhindered.
Question is, in the face of this inescapable
reality that nothing can remotely stop the cases against Uhuru Kenyatta and
William Ruto from taking place at the ICC, why would Jubilee orchestrate this
move to pass a bill in parliament seeking to withdraw from the ICC now? Especially
in the week that saw prices of basic commodities literally shoot through the
roof following the commencement of the 16% VAT taxation on zero-rated
commodities?
The answer is obvious; to prevent a possible
backlash from members of the public. To forestall the birth of any ideas about
public demonstrations or even a revolution! To draw the attention of the media
and the public from the VAT Bill 2013! If you do not believe me, just look at the
news given prominence on prime time television today, or even the newspaper
headlines tomorrow! ICC, ICC and more ICC! When they say it is not about Uhuru Kenyatta or
William S Ruto, please believe them. It is about shifting your focus away from the VAT Bill!
This is why yours truly refuses to be drawn
into petty arguments concerning a matter that is already as sealed as the trial
of my president and his deputy. As it is, my pocket is already feeling the
pinch of having to pay taxes on hitherto un-taxed commodities. Consequently, i'm already busy formulating a plan to fill the dent that the VAT bill has done in my wallet already.
