Kenya’s Hague Deferral Bid Suffers Setback

By Staff writer

Kenya’s attempt to halt trials of the country’s 2007-2008 post-election violence masterminds, popularly known as the Ocampo Six, at The Hague has hit a dead end. This comes in the wake of  the Obama administration’s bid to veto power in the UN security council to block the government efforts to get the process deferred.

 “The American position is that we want the ICC process to proceed expeditiously. We do not want to see the process delayed. We think that carrying through with the trials is absolutely crucial to fighting impunity and to ensuring accountability”,  outgoing US ambassador to Kenya Michael Ranneberger told the Kenyan weekly Sunday Nation in an interview.

Kenya’s petition is likely to suffer a defeat as the power to veto in any matter laid before the Security Council and rejection of any appeal rests with the five permanent members, including the US. Mr Ranneberger stopped short of stating that the US would apply its veto power when the deferral request comes up at the UN. But he said the Obama administration wanted The Hague process to continue without interruption.

In the Past few weeks, Kenya’s Vice-President Kalonzo Musyoka and a number of ministers have been on a mission of  shuttle diplomacy  around the continent to seek support for Kenya’s bid to stop the trial of six suspects at The Hague.

Musyoka has been urging the international community to back Kenya’s efforts to try the suspects locally because the nation is not a failed state and the endorsement of a new Constitution had breathed new life into local institutions.

This attempt won the backing of the African Union two weeks ago but last Wednesday came under criticism from parliamentarians who said the effort was a waste of taxpayers’ funds because the only institutions that can defer trials are the UN Security Council and the ICC.

The coalition Government does not speak with one voice on the matter of deferral, with the Prime Minister Raila Odinga clearly opposed to the move.

“These are efforts by a section of the government,” said Ranneberger. “What I understand is that the Prime Minister has made it clear that he does not support a request for deferral. And of course this is a coalition government under the National Accord and the National Accord is written into the Constitution. This is not a united Government of Kenya position as I understand it.”