The ongoing debate over whether or not Kenya should pull out of the Rome Statute brings the country to a complex junction.
It is about making hard choices from a very delicate position at a time when the country is already in a catch 22 situation. The country's sovereignty is at stake.
But of bigger importance is the truth that we are on trial over our commitment to upholding the rule of law and human rights of citizens, key guarantors of sovereignty.
The country is therefore called upon to navigate an extremely treacherous corner.
Having our leaders, or any Kenyan tried in the courts abroad for crimes and offences allegedly committed on Kenyan soil is a serious indictment to both our sovereignty and dignity as a free self-governing people. In ideal circumstances this should never happen.
This is the reason why I was among the members of parliament in the last parliament who strongly advocated for the establishment of a credible local mechanism as opposed to the Hague option. Unfortunately colleagues defied our pleas and insisted on the ICC-Hague route.
This notwithstanding, all Kenyans now need to carefully take into consideration the circumstances which have driven in into this mess with a view to making the right move now and setting the stage for forestalling any repeat in future.
Major factors that created the current crisis include: the political and ethnic polarization that boiled down to the 2007/8 post-election violence, failure on the part of leadership to be responsive to the challenges of national unity, equity and promotion of ethnic harmony and the national cancer of failing to manage our elections in a just, transparent and credible manner.
These collectively plus normal tendencies towards negative ethnicity led to death and maiming of people, destruction of property, displacement of people , agony and pain which was inflicted on so many of our people. Kenya's lowest moment in our independence history. A big shame.
To worsen matters, our national institutions that should have acted swiftly to mitigate the crisis failed miserably. For instance the police failed to quell the violence and destruction and later to carry out acceptable levels of investigation to apprehend culprits, the state law office sat on case files instead of prosecuting them, the Judiciary failed to set aside special courts to try the many PEV cases while parliament blatantly rejected a proposal for the establishment of a local process to deal with PEV suspects.
In many ways the challenges created by the PEV remain largely unresolved. The many victims including the dead, the bereaved, the maimed, the internally displaced, those who lost their property, the children whose education was disrupted, and the destitute continue to cry out desperately for justice.
Many of them feel they have been treated casually with little attention being given to them and now fear that they will eventually be ignored and forgotten.
The handling of IDP cases has been crude and discriminatory. The Government has never carried out a thorough audit to establish the actual number of IDP's.
Members of the Kisii community (from both Kisii and Nyamira Counties) were among those most affected during the violence. They were displaced and many of them lost large amounts of property. They therefore ended up as IDP's but instead of going into camps they sought refuge with relatives back in Kisii/Nyamira Counties.
Unfortunately many of the IDP's outside the Rift Valley have been denied resettlement and compensation and continue to be a burden to the relatives and clansmen who took them in at the height of PEV bloodletting.
The latest example was last weekend when the President and the Deputy President gave out Ksh. 400,000 to persons/families remaining in IDP camps in Rift Valley.
While I commend this gesture , the Government should extend the same to all IDP's wherever they maybe including those who were accommodated in the homes of relatives.
I therefore differ with those advocating for a pullout from ICC, firstly because of its timing and the negative message it will convey to the rest of the world and secondly because of the futility of the move.
We all know that even if we formally pull out, the current cases will still proceed to determination. Besides, withdrawal will be inconsistent with the objectives of our own constitution.
Finally I believe the only way and indeed the most effective way to keep the ICC away is to raise the level of our politics, work towards effecting meaningful national cohesion, shun ethnicity and truly embrace constitutionalism and the rule of law.
Otherwise all these other helter-skelter maneuvers are insincere, diversionary and destructive in the long run.
The writer is the Kisii county Senator.