The Orange party says rather than the ICC process endangering local and international peace, deferring the two cases against the Ocampo Six "poses grave danger to Kenyaâs internal peace and security".
"Local trials are not possible at the moment as there is no national judicial mechanism in place to handle the cases.
There have been no investigations and prosecutions since the crimes were committed more than three years ago.
Moreover, the criminal justice system has not been reformed to enable it to handle the cases. Although Kenya has enacted the International Crimes Act, it is in doubt as to whether Kenyan courts have jurisdiction over the international crimes committed before January 2009 when the Act became operational," says ODM in the petition.
It notes "the fact that the institutions, groups and individuals that were allegedly involved in the planning and execution of the crimes against humanity during the 2007/8 post-election violence in Kenya continue to operate unfettered and occupy important positions of power within and outside Government".
It adds: "Because of the significant positions held in and influence the suspects wield within Government, they are the ones spearheading the deferral request as a means of defeating the cause of justice.
Ultimately, the six suspects the ICC has summoned intend to use the deferral, if granted, as the basis of perpetuating the culture of impunity in Kenya.
The stage is now set for a nasty fight between those battling for and against the International Criminal Court process, and this could jeopardise implementation of the new Constitution, as well as next yearâs General Election.
Two of the ICC suspects, William Ruto and Uhuru Kenyatta, are appealing to the voters in their political strongholds by alleging The Hague process is a vendetta by Raila to lock them out of the 2012 presidential succession race.
The beneficiary
As for Vice President Kalonzo Musyoka, he is seen by most analysts as trying to position himself to take over Rutoâs and Uhuruâs votes in next yearâs presidential race, in case they are formally charged at the ICC, by portraying himself as championing their interests.
The VP has just completed an expensive round of lobbying various UN Security Council members to defer the ICC cases, but suffered a clear setback when the US bluntly refused to back his cause.
