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By Bernard Wainaina
CEO,Profarms Consultants®

That Uhuru Muigai Kenyatta travelled to the
Hague, Netherlands to attend the ICC Status
Conference is now water under the bridge.

Prior to his departure he called a special joint
session of Parliament and the Senate, which
was vigorously opposed and even boycotted
by opposition stalwarts notwithstanding the
fact that they were ignorant of its agenda.

Unknown to most of them, Uhuru was about
to pull a rabbit out of a hat and confound
even his most ardent opponents.

Firstly, he declared he was going to attend the
ICC Status Conference notwithstanding the
fact that he strongly believed in his own

Then, by a stroke of the pen he invoked Section 147 (3) of our Constitution and handed power to the Deputy President William Ruto for the period of his absence from Kenya.

The last time such an action was taken by an African President was when President Nelson
Mandela handed over the instruments of State Power to opposition and Inkatha leader Mangostethu Buthelezi.

The truth is that the Kenyatta family has held and lost power through the death of Jomo Kenyatta.

They, therefore, have a working precedent as their point of reference.

They have experienced both sides of the power continuum and it does not excite them.

They manage it well.

Kenyans still recall Jaramogi Oginga Odinga pleading aloud to be allowed to hold the instruments for power for just one day!

Could Raila be hankering for the same in guise of OKOA KENYA?

If so, then the methods he has employed in the
recent past only serve to take him further away from the Presidency.

Uhuru took another action that will forever remain indelibly printed in our minds.

He handed over the Presidential vehicle and Presidential escort to Ruto minus the Presidential Standard then departed in his
personal vehicle.

Ruto followed him out with both Presidential vehicle and outriders as escort.

What was the import of his action many may ask?

Firstly, it takes a very courageous person to hand over power.

Secondly, only a person of sincere integrity offers not to burden his country and citizens with a personal problem then takes leave of absence to attend to the same.

It was an act of genius as it assuaged both the African Union and the opposition who were screaming from the rooftops that he was involving the nation in his own ‘problems’.

The AU will be pleased to know that he did not
breach their resolution not to allow sitting Presidents to appear before the ICC as he surrendered power two days prior to attending the Status Conference.

Uhuru also in a single action ‘took the wind from Prosecutor Fatou Bensoudas sails’ by appearing before the ICC as a private citizen as the game plan was to snare a President.

The ICC’s claim to fame was its ability to summon a sitting President for the first time in history.

Uhuru in his wisdom and humility denied them that for eternity.

History has been denied the chance of casting Kenya and its Presidency in a negative light.

The prosecution appeared confused and fumbled during the Status Conference.

Amazingly, a lawyer for the prosecution stood before the court and submitted he had insufficient evidence to prosecute, no evidence to blame the accused for obstruction of justice, no judicial or legal precedent to support the request for an indefinite adjournment
and he had no clue as to when the case would

One would be forgiven to think that the
world was watching a ‘rookie’ lawyer making his first court appearance.

The ‘sword of Damocles’ that has hung over Uhuru’s neck for some years now may soon be removed, then he can concentrate single-mindedly on governing this beautiful country.

After the Status Conference, the judges were left to deliberate on five issues.

(a) Outright termination of the case against the

(b) Enter a not guilty verdict/ acquittal

(c) Adjourn the trial indefinitely

(d) Temporarily withdraw charges and

(e) Refer Kenya to the Assembly of State Parties.

Legal analysts, however, believe the most likely
outcome to be either options (a) or (b).

It is no secret that the Cord coalition’s most earnest hope and dream was that both President Uhuru Kenyatta and his Deputy William Ruto run afoul of the ICC.

Indeed, their arrest and subsequent incarceration would have been a political godsend to CORD Coalition.

To this end, they upped their game by employing propaganda, ethnic mobilisation, innuendo and clever political games to put maximum pressure on the Jubilee administration.

There are some clear lessons for the Cord leadership to learn from Uhuru’s recent action.

One that power for its own sake is useless.

Cord’s ravings and ranting have been about power.

As early as this week, Cord leaders were loudly
wailing that they required security, vehicles, fuel ad infinata.

Then Uhuru surrendered the trappings of power in the blink of an eye.

He proceeded to fuel his personal car and paid for his air ticket to fly commercial on Kenya Airways – the Pride of Kenya.

Does that make him a lesser person?


It turns out that it endears him to both friend and foe.

Meanwhile, Wiliam Ruto remained loyal and faithful and is now sitting at the apex of power.
As things stand he will inherit that jewel in the fullness of time.

In the meantime,Uhuru’s approach to ICC’s ‘Personal Challenge’ only seems to be working towards solidfying his presidency,just as he turned it to winning tool during his presidential election campaigns.

“The African Story as told by Africans”.©African News Digest®

“The African Story as told by Africans”.©African News Digest®

“The African Story as told by Africans”.©African News Digest®

“The African Story as told by Africans”.©African News Digest®