An Attempt to Delay Justice in Kenya

By Scott A Morgan

Although there has virtually no mention of this effort in the American Media there is currently an effort to delay justice in Kenya after the horrific aftermath following the Presidential Elections of January 2008.

Since the reaction that resulted in scores of Kenyans dead, millions more internally displaced and a Coalition Government comprised of the long ruling KANU (Kenyan African National Union) and the relatively new ODM (Orange Democratic Movement). At this time there are still concerns regarding Corruption with the Government in Nairobi.

But I digress back to the concern. One of the Actions taken by the Coalition Government was to address the causes of the violence in order to prevent such an occurrence from happening again. The Situation would also be investigated by the International Criminal Court as well. This is where the problem would begin earlier this month.

It starts on January 7 in Nairobi. At that time an Opposition Member of Parliament and some Human Rights Advocates held a Press Conference to raise some concerns. The reason that was given was that they had concerns that someone was trying to stop the ICC (International Criminal Court) from properly Investigating what happened in Kenya. And then events started moving quickly.

Within 48 hours two briefs were filed with the ICC at The Hague. One was by the IADL (International Association of Democratic Lawyers). The Motive behind this brief is unknown. This is their first ever involvement with Kenyan Politics ever. Those on the Conservative Persuasion will realize that in their view they take on what would be considered to be Left-Leaning Causes. The Other brief was filed by two American Professors. Their brief contends that the ICC overstepped their boundaries as Kenya does currently have an internal mechanism to investigate the violence. The Other Reason why they filed their brief is that they don't think that Crimes Against Humanity occurred but that it was a matter of civil unrest.

When the US Undersecretary of State Jendayi Frazier went to Nairobi in an effort to stop the violence she believed that Crimes Against Humanity did actually take place there. At this time the ICC Prosecutor recently wrote Kenyan Authorities to express his concern about some witnesses to the violence being intimidated. It appears that someone has decided to cover their tracks as best as possible and delay justice to the People of Kenya.

The earliest action on these briefs can be taken on Feb. 11th or 12th. The week before the ICC Prosecutor will be in Washington. Hopefully the efforts to promote Justice in Kenya will be able to move forward.

The Author Publishes Confused Eagle on the Internet and Comments on US Policy Towards Africa. Confused Eagle can be found at