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By Wangari Maathai

In 2008, Kenya experienced horrific post-election violence following the flawed December 2007 election.

It is estimated that more than 1,200 Kenyans were killed, more maimed, and about 300,000 forcibly displaced and their property destroyed.

Sexual violence was used as an intentional weapon to instil terror and force people from their property. Thousands of women and girls were raped, traumatised and forced to flee their homes.

The State appeared unable to protect citizens who were being victimised. Political leaders fuelled the violence with their rhetoric as they endeavoured to score points against their competitors.

To date, neither the leaders nor their “foot-soldiers” have been brought to account for the crimes they committed.

Even when the ICC gave Kenya the option to establish a local tribunal, to give at least the semblance of concern for the victims and the desire to end impunity, that opportunity was ignored.

Quite obviously, neither the State nor the leadership seems interested in pursuing justice for the victims and will allow impunity to continue.

The reason for the tolerance of these crimes and encouragement of impunity is that those who are being pursued for allegedly committing the crimes, are part and parcel of the government.

They are now political colleagues and supporters. The game being played is one of ‘‘protect me today and I will do the same for you tomorrow’’.

There are many individuals inside and outside government, who probably say to themselves, “but for the grace of God, I would be on the list”.

Some are grateful that the ICC is not going back to the 1990s when tribal clashes first became the political weapon. Such individuals, indeed, regret that Kenya is party to the ICC convention.

That is the reason why, fast on the heels of Ocampo’s announcement of six suspects, parliamentarians passed a Motion to remove Kenya as a signatory to the Rome Statute. They are doing whatever they can to save their friends from the long arm of the law.

For now, the leadership is sacrificing the people it was supposed protect to save political colleagues and supporters, who under the Rome Statute, may have committed grievous crimes against humanity.

In December, Chief Prosecutor of the ICC Luis Moreno-Ocampo announced six suspects in two cases stemming from investigations of crimes against humanity committed during the post-election violence.

The judges of the Pre-Trial Chamber II of the ICC will now review the evidence and decide the way forward.

Those named have nothing to fear: they are innocent until proved guilty. What is needed is to send a clear message that nobody is above the law, and that the era of impunity has come to an end. Those who commit crimes will one day be called to account.

Unless the law protects all of us, the rich and powerful will continue to buy justice and continue to tread on the weak and vulnerable.

The rule of law is essential for society and should be respected by all irrespective of their social, political and economic position.

Kenya has a deep-rooted culture of impunity, dating back to the colonial period. It was perpetrated during the struggle for independence and it has continued, especially in the area of tribal clashes of the 1990s and the continuing extra-judicial killings.

The post-election violence in 2007/2008 was the latest expression of that culture of impunity. In the course of all that period, nobody was called to account for the crimes committed against Kenyans.

The ICC was necessitated by the need to protect citizens of countries where leaders governed with impunity. Without an ICC, citizens had no recourse and cruel leaders shielded themselves through claims of sovereignty and independence.

Therefore, nothing is new in the posturing we now see from the Kenyan leadership in their effort to avoid being held to account by the ICC.

Those opposing the ICC are either protecting their own skins, their relations, ethnic interests, political friends and colleagues. To them, it is inconsequential that there are victims of crimes committed by people who are still at large.

Kenyans who believe in justice and fairness must stand up and reject any attempt to perpetuate the culture of impunity that frustrates the pursuit of justice. Let justice be our shield and defender.

Prof Maathai is the 2004 Nobel Peace laureate, founder of the Green Belt Movement and founding board member of the Nobel Women’s Initiative.

Article in the Daily Nation