Conspiracy against The Hague?

The changes saw the two replaced at the Cabinet sub-Committee on ICC by their successors in their previous offices – Eugene Wamalwa and Sam Ongeri.

The two newcomers to the sub-committee are perceived to be closer not only to the President, but even more sympathetic to Deputy Prime Minister Uhuru Kenyatta and Eldoret William Ruto, who are the key pillars of the G7 Alliance.

In the ICC trials, particularly for logistical, consultative and co-operation reasons, Justice and Foreign Affairs ministries play a significant role, and wield influence on the committee that is more like a clearing house for Government- ICC talks.

Travel abroad

"The State is slowly gravitating towards an anti- ICC establishment and it is being pushed by anti-reform forces among us," claimed Land minister James Orengo, who is a member of the sub-committee. He complained Mutula’s removal was bound to affect progress made on co-operation with ICC.

"I am seeing an attempt to prepare the stage for non-co-operation with ICC if you examine the recent happenings, but it will boomerang," Orengo warned.

He added: "Yes, you can fail to co-operate with ICC but remain a fugitive who is a villager...you cannot travel abroad."

Imenti Central MP Gitobu Imanyara said he was perturbed the Government had not been categorical on co-operation with ICC. "Going by what has happened one would arrive at the irresistible conclusion that the Government is preparing ground for non-co-operation," he added.

Also ahead of the eagerly awaited ruling on last appeal expected in May, two significant developments took place. In what could be argued to be a precursor to the Cabinet changes, last Friday, Gema (which brings together the Gikuyu, Embu and Meru communities) feted Uhuru in Limuru as central Kenya’s leader. They announced plan to collect two million signatures to petition ICC to postpone the Kenya case until after the General Election.

"The Government has not dissociated itself from the tribal meeting in Limuru yet the President’s name also featured at the meeting," complained Imanyara.

Immigration Minister Otieno Kajwang’ said if at any stage the court senses non-co-operation it would demand the Head of State personally co-operates by handing over the accused persons.

"If he doesn’t do so then a warrant of arrest would be issued against him personally and that is the nature of the International law as currently crafted," he added.

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