Kenya: Outrage Over Appeal to Defer ICC Cases

By Lillian Tabu

NAIROBI---The Kenyan Government, notably the PNU wing of the coalition is on the spot for campaigning to have the deferral of two cases involving six individuals named as the masterminds of the 2007-2008 post-election violence. Prime Minister Raila Odinga has said the current shuttle diplomacy by the Vice-President Kalonzo Musyoka was not sanctioned by the cabinet and is therefore an exercise in futility. Equally unhappy with Kalonzo’s trips to various African countries to lobby them to support Kenya ahead of the AU summit is Justice minister Mutula Kilonzo.

However, Kalonzo maintains that he has been travelling as a special emissary of President Mwai Kibaki.

Following the disputed general elections of Dec 2007, the Country began the year 2008 engulfed in civil and armed conflict in parts of the republic that led to deaths of citizens, internal displacement of families and destruction of property. Thereafter, following international intervention, a political consensus was reached that created the coalition government headed by the two principals comprising of the prime minister and president.

A judicial commission of inquiry headed by Appellate Judge Justice Philip Waki recommended the establishment of a local tribunal to try the poll violence suspects, failure to which their names would be forwards to the International Criminal Court (ICC). In December 2010, ICC chief prosecutor Luis Moreno- Ocampo named six suspects bearing greatest responsibility to the violence. Since then, there have been attempts to shield the suspects, with Parliament even passing a motion to withdraw Kenya from the ICC.

“Let no one interpret our move to mean that we are running away from justice for the victims and condoning impunity. What we want to do is to make it clear to our International friends that we are now capable of handling our internal problem,” Kalonzo is quoted to have said.

But Christian Wenaweser, the President of the Assembly of State Parties to the Rome Statute who is currently visiting the country warned Kenya against appealing to the AU or the UN. He told the Government that only the ICC could help it.

“My message is that if the intent is to establish national proceedings in Kenya, that is something that we would support”, Wenaweser said.