Download Clinton was hauled to court for an offence before he became president

Daily Nation ­ Tuesday
Date: 15.10.2013
Page 14
Article size: 213 cm2
ColumnCM: 47.33
AVE: 102240.0
Clinton was hauled to court for an
offence before he became president
The swipe at former UN sec­
retary­general Kofi Annan
by Kenya's Foreign Cabinet
Secretary Amina Mohamed on ac­
count of his personal views on the
ICC was uncalled for. Mr Annan
may live in Switzerland, but his
understanding of events in Africa
cannot be questioned.
In her spirited defence of
President Kenyatta, Ms Amina
Mohamed wondered aloud which
sitting Head of State ever appeared
in a court of law while in office.
Perhaps it will interest the
Cabinet Secretary to know that in
1997, William Jefferson Clinton,
President of the largest democracy
in the world, the United States of
America, was taken to court in a
civil litigation suit by Paula Corbin
Jones.
After President Clinton's law­
yers raised the same issues Kenya
raises and sought deferment, a
lower court granted it, but on ap­
peal, it was set aside by the Court
of Appeal, which denied the mo­
tion of immunity, pointing out the
constitutional provision that did
not grant immunity for actions
committed prior to the President's
assumption of office.
Our Constitution borrows
heavily from America's. Does the
Kenyan constitution give blanket
immunity to a president even for
crimes allegedly committed while
outside office as some activists and
the President's inner cabal wants us
to believe? Should that be the case,
does it not also apply to the Deputy
President? Why was Mr William
Ruto encouraged to attend the ICC
FILE I NATION
Foreign Affairs Cabinet Secretary Amina Mohamed addresses a press confer­
ence.
in person?
Desperate attempts to stop Presi­
dent Kenyatta from going to The
Hague have gained intensity and
the President's own deportment
suggests he might decline the ICC
invite. It is within his powers to dis­
regard the court, yet not honouring
the ICC summons is a simplistic
solution to a complex problem that
cannot be wished away.
There are those, including the
African Union, who selfishly believe
bed and might as well lie on it.
Kenya is not on trial, neither are
Kenyans, as there is a clear dis­
the President must be insulated
wealth. The welfare of an individual
without factoring in other consid­
erations and implications. In ratify­
ing the Rome Statute, we made our
or two should not be given prec­
tinction between the accused and
Mother Kenya that should not be
confused for political expediency. I
do not know at what point the Pres­
ident's problems became mine.
It should be noted that any re­
percussions on the country as a
consequence of defiance will hurt
millions of the poor as the wealthy
enjoy the comfort given by their
edence over that of millions.
ALEXANDER CHAGEMA, Kakamega
Ipsos Synovate Kenya ­ Acorn House,97 James Gichuru Road ­ Lavington ­ Nairobi ­ Kenya