Author: James Gatihi
Tue Jun 17 19:23:36 2008

Your article is very refreshing and straight to the point. For us to go forward, Kenya and Africa for that matter need to be serious and have respected the rule of law. There should be no point in negotiating with the scoundrel who broke the law, whatever the tribe or color. They are killers of women and children. They broke the law they pay for it. The Genocide Convention defines genocide as the intentional destruction of a group or in part, from this definition we can distinguish three elements to be applied to the specific situation: destruction, rape and killing as specific characteristics of a target group- as defined by Mr. B. Whitaker, UN Doc. E/CN.4/Sub.2/1985/6 of 2 July 1985, at 16. This is not for the Kenya government to decide but the international tribunal. The problem with Raila is that he is so natural tribelistic; he cannot see the right or wrong as long as it serves his interest which is to be the next president of Kenya, either legally or illegally. There will never be peace in Kenya as long as Raila lives and I hope I am wrong. Since I like Raila and I love Kenya. It is unfortunate that this has happened in the front of the world. What is surprising is the way the world has kept quiet in terms of the who was responsible for this. If the world was listening to the ODM’s the campaign slogans, they should have known that this was to happen. Their banner was “Majimbo” meaning separation by race and destruction. This was happening while the US and Europe watched and never raised a finger. They, the west also supported opposition, while all this was going on and clearly we all knew what was going to be the consequence. Their intention was the genocide of those who did not support them and specifically the kikuyu, there was genocide written all over but he west and the world ignored it. How can you offer a blanket amnesty to these people? It is apparent that a policy of ethnic cleansing, aimed at the elimination of a population from a given territory, without precise designation of the target group and without any clear intention of their destruction as a group, could fit into the definition of crimes against humanity. The majority of ethnic cleansing that was committed in the Rift valley and the rest of Kenya corresponds to crimes against humanity, given that they were systematic and massive attack on the civilian population. All `parties” meaning the most of ODM in the conflict' have committed some of the acts listed above as components of ethnic cleansing, and there are a large number of victims belonging to the different ethnics. In fact, the Secretary-General needs to officially pronounce that: In the territory of rift valley in Kenya, such inhuman acts have taken the form of so-called ethnic cleansing and widespread and systematic killings, rape and other forms of sexual assault performed on human...

The Genocide Convention defines genocide as the intentional destruction of a group, in whole or in part. From this definition we can distinguish three elements to be applied to the specific situation: destruction, rape and killing as specific characteristics of a target group- as defined by Mr. B. Whitaker, UN Doc. E/CN.4/Sub.2/1985/6 of 2 July 1985, at 16. In the case of Kenya rift valley there is evidence (e.g. oral evidence Kenya East African standard 3-31-08, UN studies and reports by the media) that the majority of the victims of ethnic cleansing belong to one kikuyu group - and that they were and still further threatened by extermination, as defined by Commission on Human Rights Resolution 1992/S-2/1, This is a specific ethnics group, recognized as a part of Kenyan in various legal acts, including constitutional provisions. They are also identifiable by reference to their ethnics and cultural background. These militia groups were organized way ahead of the polls, their mission clearly defined by the oppositions. They were to force some tribe’s and again specifically the kikuyu people as have been happening in the past from their homes by killing them. Very well planned and very well executed by the same people. These individual and the militia which the government was aware of have committed war crimes against the civilian population and need to be prosecuted by international tribunal. This includes people who are grand coalition government. There has not been one time that I have hard the west point a finger on who organized these crimes. This pattern of genocide against the kikuyu has been going on for too long in Kenya. Every election we have had in Kenya, kikuyu have paid a heavy price in terms of human lives. The world needs to stop this now and it starts now. Let those who broke the law, including the government official pay. This is not for the Kenya government to decide but the international tribunal. Let UN decide how to prosecute these criminals some of them in the present government.




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