It is unfortunate that most of us have focused their attention to Mugabe a man who has been a champion to his people leading the west to destroy Zimbabwe. On the other hand we as African have failed to condemn killing against African by African in Kenya. I am mortified how the African and African journalist has become the west sycophant We can condemn Mugabe by taking farm away from white and at the same it’s alright for Raila and Ruto to kill innocent in Kenyan since they are African, we the Kenyans and African at large need Peace but at the same times the crimes committed in Kenya by the Opposition, masterminded by William Ruto and Raila Oginga need not go without prosecutions in the international tribunal in Hague. It is very clear that these crimes were organized and financed by the opposing. If the UN can prosecute the crimes committed in Yugoslavia, and especially in Bosnia and Herzegovina, then they can prosecute those in Kenya.
These crimes are described in the Charter of the International Military Tribunal which was held at Nuremberg. UN Secretary-General, in his proposal on the Statute of the Tribunal, explained that `crimes against humanity are aimed at any civilian population', and listed the examples of murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds, and other inhuman acts in the “UN Doc. S/25704, at 13, points 48-49 the crimes committed in Rift valley clearly meets the above criteria.

It is apparent that a policy of ethnic cleansing, aimed at the elimination of a population from a given territory, without precise designation of the target group and without any clear intention of their destruction as a group, could fit into the definition of crimes against humanity. The majority of ethnic cleansing that was committed in the Rift valley corresponds to crimes against humanity, given that they were systematic and massive attack on the civilian population. All `parties” meaning the most of ODM and Mainly William Ruto, Ntimama and Raila in the conflict' have committed some of the acts listed above as components of ethnic cleansing, and there are a large number of victims belonging to the different ethnics. In fact, the Secretary-General needs to officially pronounce that:
In the territory of rift valley in Kenya, such inhuman acts have taken the form of so-called ethnic cleansing and widespread and systematic killings, rape and other forms of sexual assault performed on human-Kikuyu’s.

The Genocide Convention defines genocide as the intentional destruction of a group, in whole or in part. From this definition we can distinguish three elements to be applied to the specific situation: destruction, rape and killing as specific characteristics of a target group- the kikuyu as defined by Mr. B. Whitaker, UN Doc. E/CN.4/Sub.2/1985/6 of 2 July 1985, at 16.

In the case of Kenya rift valley there is evidence (e.g. oral evidence Kenya East African standard 3-31-08, UN studies and reports by the media) that the majority of the victims of ethnic cleansing belong to one kikuyu group - and that they were and still further threatened by extermination, as defined by Commission on Human Rights Resolution 1992/S-2/1, This is a specific ethnics group, recognized as a part of Kenyan in various legal acts, including constitutional provisions. They are also identifiable by reference to their ethnics and cultural background.

The number of victims is very difficult to ascertain under the present circumstances, but it is obvious that they represent a significant part of the total population of all those killed. It has been reported that the kikuyu victims were mostly people that were supposed to be protected by Kenyan government and international humanitarian law during this time since there were reports of this happening. This in itself implies the intention to destroy the kikuyu’s as a people. Furthermore, there are numerous examples of villages and parts of towns being burned in the complete absence of strategic or other opposition benefit, but in which the kikuyu formed a majority of the population. Clearly most of villagers were warned before the election that this was going to happen either way; win or lose! The opposition knew and planned this under William Ruto and Raila Oginga.
Due to the very existence of the Genocide Convention, it is now unrealistic to expect to find evidence, in the written materials and public statements of officials, about the opposition’s intention to commit genocide. For this reason it is necessary to take into consideration other significant elements to determine intent. In the first place, intent could be deduced from `sufficient evidence' which includes `actions or omissions of such a degree of criminal negligence or recklessness that the defendant must reasonably be assumed to have been aware of the consequences of his conduct'. The abundant evidence of systematic genocidal acts could be viewed as an indication of an underlying intent, especially given the widespread participation of opposition preaching of Majimbo, and the extinction of the kikiyu’s which lead to the atrocities committed. Neither Raila nor Ruto who could have stopped this tried to prevent the perpetrators of these crimes. In fact they encouraged it in so many ways from Nairobi.
Intent is also revealed by the form of language used by Raila and Ruto in public statements to designate kikuyu groups as `the enemy', which could imply intent of war against those groups. Some public statements reported by the media also indicate the existence of intent. Expressing its particular abhorrence at the concept and practice of "ethnic cleansing" during and after Election of December 27, which at a minimum entails deportation and forcible mass removal or expulsion of kikuyu’s from their homes in flagrant violation of their human rights, and which is aimed at the dislocation or destruction of ethnic, as mentioned in the UN Doc. E/CN.4/1992/S-1/8; Paragraph 5', the Convention on the Prevention and Punishment of the Crime of Genocide. The prime minister designate and the deputy prime minister need to face the music before they hear the music. They need to be in Hague pronto!!