INTERNATIONAL COURT OF POLITICS/NEO -COLONIALISM The Prosecution under article 54 of the Rome statute is mandated with the role of collecting admissible evidence as outlined in article 17 of the Rome statute, Under article 53 it is the role of the prosecution to check on the admissibility of the case in relation to Paragraph 1 (a) , (b), and (c). If the investigation did not meet the context of Article 53 Paragraph 1 (a) , (b), and (c), then the prosecution failed the court by pressing the pre trial chamber to approve the case for trial knowing very well the investigation they had and evidence collected was not admissible as outlined in the Article 17 of the Rome statute. Further under Article 64 paragraph 2 of the Rome statute the trial chamber in the case against Mr. Uhuru Kenyatta has failed the international law and the judicial process in whole, as well as violating the sovereignty of Kenya as a state. Where on earth can an accused person be pressured to present evidence to form of constitute his/her liability of guilt. On this the prosecution did mislead the court as well as the world. The sovereignty of a state must and should be respected at all times while dealing with any case, for the prosecution to purport that the Kenya Government has failed to provide evidence to the court ,first and for most is misleading since under article 54 of the Rome statute it is the role of the prosecution, secondly undermining the constitution of Kenya and the Laws of the land is an abuse and neo-colonialism of the tallest order shown by the prosecution. Further the court and the prosecution has violated Article 69 paragraph 7 (a) and (b) in forcing prosecution witnesses who have already decanted the previous evidence and statement in writing and affidavit to the court, the prosecution has not also found the prosecution having errored in the presentation of evidence and further violated Article 70 Paragraph 1 (a) (b) (c) (e) and (f) of the Rome statute. Questions we should ask ourselves as Kenyans, i. Is the court delivering justice or playing cheap politics? ii. Are we a sovereign state? And if we are should our sovereignty be undermined by an international court? iii. Are we healing the wounds of 2007/2008 post election violence or are igniting pain to the victims? iv. Are we been neo-colonized? If yes who are our enemies?
Posted on: Fri, 10 Oct 2014 09:38:18 +0000
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