Kenya recalls envoys for confidential brief

Business

By Beauttah Omanga and Ben Agina

President Kibaki has capped his sustained diplomatic offensive against the International Criminal Court by summoning envoys in strategic Western capitals to Nairobi for a secret brief on his deferral strategy.

The recall is aimed at detailing the diplomats on how to win over the countries they serve in to back Kenya’s push for a deferral of its cases at The Hague, through the UN Security Council.

It builds on the Sh31million shuttle diplomacy Vice-President Kalonzo Musyoka said the President assigned him, to rally African countries behind Kenya’s push for one-year deferral of the cases ‘Ocampo Six’ may face.

The Standard established that Kenya’s Ambassadors and High Commissioners to European, Asian, Latin American States and America, as well as select African countries, would be tasked with ensuring the Government succeeds in securing the deferrals.

Some of the envoys are already in town and are scheduled to attend two meetings next week. The first meeting will be at the Foreign Affairs Ministry headquarters, while the second one will be held at Harambee House where President Kibaki’s offices are located.

We could not, however, establish whether Kibaki will attend the Harambee House meeting or other Government officials will make presentations.

The Permanent Secretary in the Ministry of Foreign Affairs, Patrick Wamoto confirmed several envoys have been summoned to Nairobi for high-level meeting but added the meetings were "routine".

Wider agenda

He also admitted that the ICC issue would be on the agenda because it was a Foreign Affairs issue that was "alive".

"We have a wider agenda for the ambassadors…as you know ICC is a live issue and naturally we will deal with it," explained Wamoto on phone.

The move is aimed at influencing other nations outside Africa to buy Kenya’s argument for the cases against the "Ocampo Six" pending at The Hague be delayed for a year, to allow establishment of a local tribunal competent to handle post-election violence crimes.

The summons is a build-up to the upcoming UN Security Council that is expected to vote on Kenya’s request, which is supported by the African Union

Though the date has not been decided, it is expected Cabinet will sit and discuss the AU resolution, and decide on the way forward. It is believed Cabinet will form a new team, including members from PNU and ODM, to spearhead the diplomatic efforts.

A Presidential Press Service statement on Tuesday announced President Kibaki and Prime Minister Raila Odinga had agreed that more efforts should be put in establishing a local tribunal as the Government asks for a deferral of the cases.

Shuttle diplomacy

Constitutional lawyer Yash Pal Ghai led a demonstration Wednesday to oppose move by the Government to seek deferrence of trials of the 'Ocampo Six' at The Hague through the UN Security Council. [PHOTO: TITUS MUNALA/STANDARD]

Kalonzo, who is heading the diplomatic efforts, announced Tuesday he would embark on another round of shuttle diplomacy, this time targeting UN Security Council state members. This is after his travels around Africa before the AU summit last month. The States that have veto power and form the Security Council are United States of America, Britain, France, Russia and China.

The President’s side pushed on with the plan for deferrals, despite Raila’s group’s denunciation of Kalonzo’s claim that Cabinet sanctioned his trips. Justice Minister Mutula Kilonzo also disowned Kalonzo’s claim.

Kalonzo, who claimed his trips were an effort to "reclaim our country back", accused Raila’s Orange Democratic Movement (ODM) of "jumping out of the collective decision to gain political mileage". He boasted his mission was to "reclaim Kenya’s sovereignty" by securing local trials for the six prominent Kenyans against whom ICC Prosecutor Luis Moreno-Ocampo is pushing to secure summonses to appear at The Hague.

They are the Head of Civil Service and Secretary to the Cabinet Mr Francis Muthaura, Deputy Prime Minister Mr Uhuru Kenyatta, Eldoret North MP Mr William Ruto, Tinderet MP Mr Henry Kosgey, former Police Commissioner Hussein Ali, and Kass FM’s morning show presenter Mr Joshua Arap Sang.

Among those who have arrived is Kenya’s Ambassador to US Mr Elkanah Odembo. Others expected are envoys in the five countries with veto powers at the UN Security Council: Mr Paul Kibiwott Kurgat (Russia), Mr Julius Sunkuli (China), Salma Ahmed (France) and Mr Ephraim Waweru Ngare (United Kingdom).

Three out of the five permanent Security Council members have already given indications they could support Kenya’s bid to defer the cases. China and Russia have indicated their willingness to support the Kenyan motion.

Yesterday, France promised to look objectively into Kenya’s request for deferral once it is presented at the council.

The new French ambassador to Kenya Mr Etienne de Poncins said his country was waiting for the AU to table its resolution so his country could scrutinise it and come up with a "fair decision".

"We have taken note of the AU resolution and we will examine it and react once it is brought to the Security Council," Poncins explained.

Letter dispatched

He was speaking at Kalonzo’s office after the VP briefed him on his shuttle diplomacy.

The US has previously declared it was not keen on supporting Kenya’s bid, saying all those who committed crimes must be dealt with ahead of the next elections to avoid recurrence of chaos.

A diplomat privy to Kenya’s strategy revealed the country is targeting G77 countries (Latin America and Caribbean States) for support.

"We are confident of getting support from several countries," the diplomat claimed.

Last month African leaders unanimously endorsed Kenya’s appeal for a suspension of ICC prosecutions against the "Ocampo Six". The AU Summit dispatched a letter requesting the Security Council to accede to the Kenya’s request.

The Inter-Governmental Authority on Development (Igad), an East African security and development bloc, had earlier endorsed Kenya’s request.

In 2009, the UN Security Council rejected deferral request by AU for indicted Sudanese President Omar al-Bashir. During the recent leaders’ summit in Addis Ababa President Kibaki said the Government was preparing to put up the necessary legal framework to try the suspects locally.

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