Tag Archives: court

Kenya’s Governance Crisis: Using Legal Frameworks to Silence Dissent

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In recent years, Jimi Wanjigi, once regarded as Kenya’s most feared oligarch, has experienced a dramatic fall from grace, with the state employing various tactics to curtail his influence and silence his criticisms. Wanjigi, who was once a shadowy figure wielding immense power behind the scenes, has become a target of state machinery. This shift began when his relationship with the ruling elite soured, leading to a series of events that point to a broader pattern of intimidation against dissenters in Kenya. The state’s strategy seems to revolve around using legal frameworks and court processes as tools of political retribution, aiming to quash opposition voices and maintain control over the narrative.

Citizen Digital Report

The analysis of recent media coverage reveals a concerted effort by the Kenyan government to use the judiciary as a weapon against Wanjigi. From the fallout over the Standard Gauge Railway (SGR) project, where Wanjigi allegedly lost favor with powerful allies, to the multiple legal summons and court appearances he now faces, the pattern is clear: the courts are being leveraged to harass and weaken those who challenge the status quo. The media reports show a continuous escalation of state action against Wanjigi, including police summons, publicized court battles, and the orchestration of highly visible legal confrontations. These actions align with broader trends observed in Kenya, where the judiciary is increasingly used to stifle dissent and intimidate those who seek to expose governmental malfeasance.

This pattern of using legal and judicial means to intimidate is not unique to Wanjigi; it reflects a growing trend in Kenya where the state appears to weaponize the law to suppress criticism. As seen in the media reports, Wanjigi’s high-profile clashes with the government, including his dramatic court appearances and the recent confrontations over the rejected Finance Bill 2024 and the Nane Nane protests, underscore a broader issue of governance in Kenya. The persistent legal challenges faced by Wanjigi and others who oppose the regime highlight a troubling trajectory in which the state, rather than addressing concerns raised by critics, opts to punish them through a series of strategically timed and publicized legal actions. This strategy not only serves to neutralize opposition figures like Wanjigi but also sends a chilling message to others who might consider speaking out against government wrongdoing.

References:

The Standard How death and SGR fallout forced Jimi Wanjigi out of the dark power circle

Nation Jimi Wanjigi: Kenya’s most feared oligarch

The Standard Wanjigi: Man who wielded influence, now at odds with government

The Star Police summon Jimi Wanjigi for grilling over Nane Nane demos

Nation Jimi Wanjigi’s high-stakes drama: Ruto’s government wants to eliminate me










UNSC Declines Kenya Deferral Bid

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The Pursuit by the ICC prosecutor, Luis Moreno Ocampo to prosecute the six suspects of the Kenya-Post-Election violence, following the disputed elections in 2007, has seen much unprecedented development. The decision by the Presidency of the International Criminal Court (ICC), authorizing the prosecutor to open investigations into the situation in Kenya, gave Ocampo the opportunity to present his evidence to the Pre-Trial Chamber II for scrutiny in an effort to enforce the issuance of summonses to the Ocampo Six, to appear before the court. On the contrary, the Kenyan President, Mwai Kibaki, appointed a seven-member  team, led by H.E Vice-President, Kalonzo Musyoka, to lobby the 15 United Nations Security Council (UNSC) members to accept Kenya’s bid for deferral of the International Criminal Court cases involving the Ocampo Six.

Diplomats at the UNSC reprobated the Kenyan bid saying Kenya chose a wrong option to seek the 12-month deferral at the UN, rather than presenting its plea directly to the ICC. This decision by the UNSC has nullified the shuttle diplomacy mission being implemented by Kalonzo Musyoka and the President Mwai Kibaki’s wing of government. The pedestal of the shuttle diplomacy is fixed on the idea that Kenya is now in a position of establishing a credible local-tribunal to try the PEV suspects. The proponents of this diplomatic mission argue that trials at the Hague will threaten Kenya’s national stability. However, Article 16, of the Rome Statute, establishing the ICC allows for deferral of cases for countries, in the event that the proceedings at the court threaten international peace. Thus, Kenya on Friday 18th March failed in its quest to overly convince the UNSC that such a threat exists.

Time is speedily running out for any disengaging maneuver upon prosecution of the Ocampo Six at the Hague, now that they have been issued with summonses to appear before the Judges at the ICC on 7th April, and in addition the UNSC decry on deferral of the cases. Kenya can still pursue the deferral option by setting up credible judicial systems that are capable of handling the cases as stipulated in Article 19 of the Rome Statute.

 

References:

www.nation.co.ke, Why Kenya failed to defer ICC cases at Security Council (22nd March 2011)

www.icc-cpi.int, Situations and Cases (22nd March 2011)

www.kbc.co.ke, UNSC declines Kenyan bid on ICC deferral (22nd March 2011)