FAIR PROCESS

PEV victims will one day get justice

Justice will likely be a fair court process and not reparation.

In Summary
  • Justice is not always about getting reparation but having a fair and credible court process.
  • Gicheru has taken the proper step to surrender to the ICC because he will have the opportunity to defend himself.

Lawyer Wilfred Nderitu
Lawyer Wilfred Nderitu

The international criminal justice processes are slow but sure. It may look like justice for the 2007-08 post-election violence victims is taking a long time, but the wheels of justice do move and they do grind.

Even before we get to the Paul Gicheru case, there was Félicien Kabuga, the Rwandan businessman who is charged with involvement in the 1994 genocide. It has taken 26 years to bring him to justice.

The matter against Gicheru, who is accused of interfering with witnesses, started five years ago when an arrest warrant was issued. He challenged the matter in court in Kenya.

The courts appeared to have vindicated him but the nature of international criminal justice is such that countries that are signatories to the Rome Statute are required to offer cooperation. Even though he succeeded at the High Court, the warrant remained.

Gicheru has taken the proper step to surrender to the ICC because he will have the opportunity to defend himself.

We will now wait to see whether it will be established that there was interference with witnesses. If this is established, then it means the case against Deputy President William Ruto and former journalist Joshua Sang' may be reopened.

Evidence that might not have been available when they were being tried will be forthcoming. This means that there will be another chance to determine whether Ruto and Sang' were guilty of the crimes they were charged with.

Whichever way it goes, whether they are found guilty or not, we will have the process we had anticipated. A process where everybody gets a chance to give their evidence.

There is still hope that the victims can get justice. Justice is not always about getting reparation. It is sometimes just about knowing there was a fair process whichever way it ends, whether in favour of the victims or against them.

Kenya has not benefited from the trust fund for those who were affected but justice for the victims will likely be a fair court process and not reparation.

 

Wilfred Nderitu, who was the victims' common legal representative in the ICC, spoke to the Star

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