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Post by Onyango Oloo on Mar 17, 2015 12:21:18 GMT 3
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Post by b6k on Mar 17, 2015 17:53:24 GMT 3
An interesting missive, OO but one wonders when it will dawn upon you that putting your faith in the ICC is a waste of time. When you say this about the Chief Prosecutor: "The ICC, already bludgeoned by hypocritical and fake “anti-imperialist” hostility from a cabal of African demagogues, most of them worthy future candidates for a chief prosecutor Fatou Bensouda-led investigation can do way better than this" ...& this about former Kenyan prosecutors & magistrates: "I think Justice Aluoch should donate at least 25 per cent of her first VP salary to Onyango Oloo and other victims and survivors of the Moi-Kanu reign of terror who were flung into the dungeons by prosecutors and magistrates who did not question the diktats of despots who brooked no dissent — even from beardless students armed only with fountain pens and foolscap paper." ...don't you find it a bit ironic that madame Bensouda herself rose to "celestial heights" at the ICC after pandering to the diktats of her former boss, Professor Alhaji Doctor Yahya A J J Jammeh (aka "the Professor") when she served as his Attorney General & Minister of Justice? Here's a rather lengthy and informative write up by a former Gambian magistrate who was ordered to kowtow by the then AG & Justice Minister, Fatou Bensouda, after he set free some "dissidents". lighthouseherald.wordpress.com/tag/attorney-general-minister-of-justice/Thankfully he didn't comply but the long & the short of it was that Bensouda too was a "team player" when it came to complying to the diktats of a despot much like the Kenyans you derile from the Moi era. The ICC is a political court. In order to appear to have diversity they do need a handful of African judges. There is no way on God's green earth an African would ever qualify for those high posts without at sometime in their lengthy careers having danced to the tune of a despot because most African states have been dictatorial at one time or ananother. Probably Lamin J Darbo, the former magistrate who penned the complaint above when Bensouda took the helm of the OTP, may have qualified but I doubt he ever rose to become a judge in Gambia once he crossed the Professor and his AG's path. In short what you are advocating for is that no African should sit at the bench at the ICC. That really won't make for good optics and will just make the anti-imperialist charge gain more traction... |
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Post by podp on Mar 17, 2015 19:54:45 GMT 3
Here's a rather lengthy and informative write up by a former Gambian magistrate who was ordered to kowtow by the then AG & Justice Minister, Fatou Bensouda, after he set free some "dissidents". lighthouseherald.wordpress.com/tag/attorney-general-minister-of-justice/Thankfully he didn't comply but the long & the short of it was that Bensouda too was a "team player" when it came to complying to the diktats of a despot much like the Kenyans you derile from the Moi era. The ICC is a political court. In order to appear to have diversity they do need a handful of African judges. There is no way on God's green earth an African would ever qualify for those high posts without at sometime in their lengthy careers having danced to the tune of a despot because most African states have been dictatorial at one time or ananother. Probably Lamin J Darbo, the former magistrate who penned the complaint above when Bensouda took the helm of the OTP, may have qualified but I doubt he ever rose to become a judge in Gambia once he crossed the Professor and his AG's path. In short what you are advocating for is that no African should sit at the bench at the ICC. That really won't make for good optics and will just make the anti-imperialist charge gain more traction... all multi lateral institutions are formed by a critical mass of member States who fund them using tax payers money. so closer home we have the Gigiri complex which house a number of UN organizations. at the lowest level we have support staff dominantly from the host country hence you will find security guards, drivers, clerks, secretaries in UN Gigiri mainly Kenyans with the baggage of our ethnicity repeated there i.e. if say an accounts section is headed by a Gema community guy almost all the lower accountants come from the guys background and ditto if it is a Luo. higher up we have the professional staff and here a quota system pervades with those countries contributing most having most of their national there. hence for agencies that say USA and EU are the one contributing the lions share like in World Bank and IMF the majority of professional staff are their nationals. hence you will ring young lads and lasses dealing with top government officials as they accompany team leaders to do the donkey work but also try the thesis and projects they made while in college. at the top where the creme or elites have no differences you find all nationals chosen primarily by the parties ruling. hence in Gigiri UN every PORK will post his ambassador accredited, and almost always is someone who lost in elections hence in our case Prof Ongeri representing JAP is there serving the pleasure of current PORK. if another PORK gets into power once Prof Ongeri's term expires another nominee will be offered by our PORK then. going to ICC it is no different. at top positions States give their preferred choices and hence our Justice will serve her term out as long as current PORK is in power. |
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Post by Onyango Oloo on Mar 17, 2015 22:27:01 GMT 3
b6k:
you completely missed the point of my star article. the audience was not in the hague, but right here at home.
oo
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Post by b6k on Mar 18, 2015 6:59:36 GMT 3
b6k: you completely missed the point of my star article. the audience was not in the hague, but right here at home. oo Oloo, well in that case you made your point. I still ask to what end because blocking the Aluoch's of this world would be unconstitutional. It's simple to blame those at the top for the rot that exemplified the Nyayo error but we always seem to overlook the systemic rot that cuts across the entire system. In the case of the judiciary, since we are on matters justice & ICC, one cannot perform radical surgery on the judges & leave the lawyers (liars) & court clerks to continue their business as usual. In fact you meet more grief because it is these very same lawyers and clerks who meet the magistrates & judges to broker deals or make files disappear. A judge is not corrupt in a vacuum. To expect a clean break from the past would require something as drastic as Sakaja's "revolutionary" bill that aims to block anyone over 35 years from holding a government job. Of course this would be unconstitutional and would never see the light of day...in a peaceful transition. At the end of the day, life is not fair. But it can be predictable if you don't rock the boat and go with the flow. That's how the Aluoch's & Bensouda's of this world end up at the celestial heights even though they may have stepped on some toes here or there. To put it bluntly, it's collateral damage given the line of work they're in... |
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Post by Onyango Oloo on Mar 18, 2015 13:53:31 GMT 3
The rejoinders I made on my Facebook wall to an earlier post (before the Star article came out) may or may not allay some of the comments on this forum:
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Post by b6k on Mar 18, 2015 14:28:54 GMT 3
OO, Clarence Thomas was the second African American justice to serve in the US Supreme Court. The first was the late Thurgood Marshall who served from 1967 to 1991.  Granted he was probably appointed to appease the "negros" during the height of the push for civil rights but he was a darned good judge all the same. No one is belittling the trauma you went through in the Nyayo dungeons but at the end of the day Aluoch was just doing her bit to put food on the table for her family. Judging from her reaction when you met recently and shook hands she knows she did you wrong. But that said, if she hadn't done it, another compliant Luo judge would've been found to throw you in without thinking twice about it. So in the long run would it have helped Aluoch's career to recuse herself from prosecuting you, and possibly risk joining you in the cells? Most likely not. She went with the flow in the dictatorship years, survived Kibaki’s scalpel in the radical surgery, & is now sitting pretty at the ICC. Surely her survival skills at the very least must be lauded... |
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Post by OtishOtish on Mar 18, 2015 15:33:57 GMT 3
at the end of the day Aluoch was just doing her bit to put food on the table for her family. Lives were seriously damaged (and some probably destroyed) by actions such as hers and her kind. To say she was just trying to feed her family seems a bit lame; even drug dealers and murderers-for-hire can claim that's all they are trying to do. Oloo: I suggest you cut out that article from a hardcopy of the paper and mail it to the VP. And the next time you meet her, consider not bothering with her hand; in your place, I would give her a few slaps, wring her neck, and stomp on her face. |
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Post by Onyango Oloo on Mar 18, 2015 20:14:16 GMT 3
Otish Otish:
What a robust proposal!
Stomp on the good lady justice?
Wring the VP's neck?
My, oh my.
Onyango Oloo
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Post by Onyango Oloo on Mar 18, 2015 20:17:34 GMT 3
b6k:
Thanks for the correction.
Thurgood Marshall was definitely more progressive in a liberal way than the benighted Clarence.
OO
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Post by podp on Mar 18, 2015 23:36:40 GMT 3
O She went with the flow in the dictatorship years, survived Kibaki’s scalpel in the radical surgery, & is now sitting pretty at the ICC. Surely her survival skills at the very least must be lauded... in Pitfalls of National Consciousness of Frantz Fanon we have had spinoffs like this one below Individual experience, because it is national and because it is a link in the chain of national existence, ceases to be individual, limited and shrunken and is enabled to open out into the truth of the nation and of the world. In the same way that during the period of armed struggle each fighter held the fortune of the nation in his hand, so during the period of national construction each citizen ought to continue in his real, everyday activity to associate himself with the whole of the nation, to incarnate the continuous dialectical truth of the nation and to will the triumph of man in his completeness here and now. ...the need for effort to be well-informed, for work which is enlightened and free from its historic intellectual darkness. To hold a responsible position in an under-developed country is to know that in the end everything depends on the education of the masses, on the raising of the level of thought, and on what we are too quick to call ‘political teaching’.... ....try, relentlessly and passionately, to teach the masses that everything depends on them; that if we stagnate it is their responsibility, and that if we go forward it is due to them too, that there is no such thing as a demiurge, that there is no famous man who will take the responsibility for everything, but that the demiurge is the people themselves and the magic hands are finally only the hands of the people..... www.myafricanviews.com/the-pitfalls-of-national-consciousness-frantz-fanon/ |
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Post by jakaswanga on Mar 19, 2015 14:49:13 GMT 3
B6K, and those survival skills of Justice Aluoch you so want us to at least laud loudly, should also inform the collaborative Judge, that they are all the more reason why we do not want her malleable type trying the president of Kenya nor his deputy. Just as she was used by Moi to fix Oloo, so too can she be used now to fix Ruto.
You know what they say about old dogs and new tricks! This court is a farce, though it pays good! No mortgage worries for the judge. Just her reputation if she ever cared for it that is.
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Post by Daktari wa makazi on Mar 19, 2015 21:41:56 GMT 3
For those who know her, I am told Alouch sat in the Court of Appeal without issuing any judgement on any issue. She used to leave other judges to make the judgement. Her appointment was simply to appease the ICC - Kibaki knew in her he had a silent sheep who will follow his steering. I suspect she was appointed to this new position not because she excelled as a jurist, because I have yet to see her name is any judgement but because she was a loyal obedient Negro with assenting views. The other judges to be given international posting were Waki who delivered the Ocampo envelope and Ringera who tried to kikuyunise the Bench but failed. Of course Prof Mungai was sent to another Internation posting, but was found wanting only to brought back to Kenya as an agikuyu AG to Kibaki and Kenyatta.
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