The great American poet Walt Whitman said, "Either define the moment or the moment will define you." Will the election of Uhuru Kenyatta as president of Kenya define President Barack Obama in Africa or will President Barack Obama use the election of President Kenyatta to define his human rights policy in Africa?
Following the presidential election in late December 2007 and the Kenya Electoral Commission's hurried declaration of incumbent President Mwai Kibaki as the winner, supporters of opposition presidential candidate Raila Odinga in the Orange Democratic Movement alleged widespread electoral fraud and irregularities. For nearly two months following that election, ethnic violence and strife in Kenya raged resulting in more than 1200 deaths, 3,500 injuries, and the displacement of over 350,000 persons and destruction of over 100,000 properties.
In March 2011, Uhuru Kenyatta was indicted by the International Criminal Court (ICC) on various counts of crimes against humanity arising from the post-election violence. The details of the ICC charges against Kenyatta and other defendants are set forth in exhaustive detail in a 10-count indictment.Kenyatta allegedly conspired, planned, financed, and coordinated violence against the supporters of Odinga's Orange Democratic Movement. He allegedly "controlled the Mungiki organization" and directed the commission of murders, deportations, rapes, persecutions, and other inhumane acts against civilians in the towns of Kibera, Kisumu, Naivasha, and Nakuru. Kenyatta's trial is scheduled to start at The Hague on July 9. Kenyatta's election running mate and vice president-elect William Ruto as well as other top Kenyan officials are part of different ICC cases. Ruto's trial has been postponed to May 28.
Kenyatta and Ruto are presumed innocent until proven guilty. Kenyatta's lawyer Steven Kay claimed the ICC charges were "determined on false evidence, evidence that was concealed from the defense and the facts underlying the charges have been put utterly and fully in doubt."
U.S. efforts to ensure free and fair elections in Kenya after 2008
The U.S. was among the first nations to recognize the validity of Kenya's 2007 presidential election. At the time, U.S. State Department Spokesman Robert McInturff announced, "The United States congratulates the winners and is calling for calm, and for Kenyans to abide by the results declared by the election commission. We support the commission's decision." But U.S. validation of that election was completely unwarranted since there was substantial credible evidence of rampant electoral fraud and vote rigging in favor of Kibaki and considerable doubt about the neutrality and integrity of the Kenya Electoral Commission. Read More
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