Victims of post-poll chaos suffer as ICC, Jubilee and all watch in silence

Last week Uhuru Kenyatta honoured a summons to appear at the ICC. He made an elaborate public-relations show of going, complete with a ceremonial handing over of power, dancing troupes, accompanying sycophants and came back to massive crowds of welcome.

The “signing away” of his role as President was unnecessary as the Constitution already makes the Deputy President acting President whenever he is away from Kenya. But it was a political gimmick, aimed at the doubters in William Ruto’s constituency, as well as at African presidents who want impunity for the egregious crimes that they often commit.

But he obeyed a court order, something that Speak Ethuro should learn from, albeit under the threat of an arrest warrant and being turned into a pariah, just as the arms of the international community are opening up in welcome for him.

And yet again, the voices and plight of the victims and survivors took an even more backward seat. The Jubilee regime still wants to wish this issue away; surprisingly, for there are few better ways to show genuine reconciliation than to embrace, and restore, all the victims—across tribal lines.

I have never understood why the political class, across the divide, treats victims like lepers. Luo politicians are generally silent, as are their compatriots within the Kisii, Luhya and Kalenjin communities. Kikuyu politicians were originally vocal but they too have turned mute as “integrated” IDPs in Molo, Nyeri, Kiambu and other areas suffer in silence.

Yet it should make easy political sense. IDPs—integrated or not—are the lowest of the low today. They are marginalised and destitute, simply because they were perceived to be supporters or one side or the other in 2008.

NEVER VOTED

To paraphrase Priscilla Nyokabi, then Executive Director at Kituo Cha Sheria— and now Women’s Representative for Nyeri County— some of these IDPs never even voted yet were killed, raped, and forcibly displaced simply because some people thought they supported a side in the elections of 2008.

Sadly, Ms Nyokabi who was clear then that crimes against humanity precluded supposed acts of revenge has since lost her voice on these issues.
But the weirdest silence on IDPs and victims is from an organ of the ICC itself, the Trust Fund for Victims (TFV).

TFV’s website states that it “serves as a very immediate response to the urgent needs of victims and their communities who have suffered from the worst crimes in international law.” It is not just for victims of the case— those registered and represented by lawyers at the ICC— but all victims.

Since the ICC was seized of the Kenyatta and Ruto cases in 2010, the TFV has never made a preliminary visit to Kenya! It publicly promised to start the assessment process in 2014 but now its website says this will be in 2015, meaning that victims can only hope for assistance after 2018, if lucky!

And in the meantime, victims are dying off. It’s a triple blow: First the Kenyan regime wants them to fade away; then the political class is more interested in money for itself and power supremacy battles; and then the ICC, struggling with the cases already for all manner of reasons, now has an opaque TFV unable or unwilling to play its rightful role.

Yes of course the TFV is inundated with victims from Congo, Uganda, and other countries. But it is possible to walk and chew gum at the same time. A preliminary assessment would be the first step in a long journey before restoration and compensation. But this inordinate delay to start the process, from an organ of the ICC, is causing more harm than good.

And yes, there are financial challenges to meet the demands and expectations of victims. But that surely should not preclude starting the process and working to meet those challenges.

In fact, starting the process could help kick-start funding from all sorts of quarters— including the Jubilee regime and ordinary Kenyans. It is the least that ICC can do for the victims.

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