CORD fights off claims of having backed deferral of ICC cases

ODM leader Raila Odinga (second right) and other CORD leaders during a press briefing on the outcome of their meeting in Nairobi, Tuesday. [Photo: Mbugua Kibera/Standard]

By Geoffrey Mosoku and Moses Njagih

Nairobi, Kenya: A crucial CORD meeting ended dramatically Tuesday, with the opposition having to fi ght off reports that they had backed the deferral of cases facing President Uhuru Kenyatta and his deputy William Ruto at the International Criminal Court.

However, the Coalition for Reforms and Democracy (CORD) leadership did leave the door open for consultations with the government over the two cases at The Hague, the Netherlands.

The opposition leaders had to call another press conference to clarify that their meeting had not supported a deferral of the cases — moments after President Uhuru’s party, The National Alliance, praised the development.

The controversy came ahead of tomorrow’s meeting in New York where Kenya and African ministers plan to lobby the UN Security Council to suspend for a year the trials of the Kenyan leaders over the 2007-2008 election-related violence.

Tuesday, former Prime Minister Raila Odinga and former Bungoma Senator Moses Wetang’ula led the meeting attended by over 150 members.

Three organs

The meeting, at Orange House in Nairobi, brought together three organs: the parliamentary group, the governors’ summit and the national executive committee.

A statement read by Siaya Senator James Orengo said CORD strongly supported the ICC process, but did not rule out engaging in discussions with those calling for a deferral of the cases.

“For the record, CORD has not changed its position and we are prepared to have a structured and constructive engagement with both the government and the international community within the context of the Rome Statute to ensure that victims get justice and impunity is punished,” Orengo said.

But CORD’s statement that they were willing to engage in discussions with the ruling coalition on the deferral bid triggered drama and confusion.

The reports caused ripples, with The National Alliance (TNA) — the President’s party — sending out a statement to welcome the opposition’s move.

“We welcome the resolution by CORD to support the deferral of the ICC cases and their commitment to a structured bipartisan approach to the matter,” said TNA chairman Johnson Sakaja in a statement soon after some media houses sent out news alerts announcing CORD had backed the deferral bid.

But Orengo later called newsrooms to clarify CORD’s position.

“Of primary concern to us is justice and ending impunity. There is no other way to deliver justice and end impunity other than for these cases to proceed to their logical conclusion. I don’t know where this confusion is coming from,” he said.

Orengo sought to further clarify their support for a structured engagement with Jubilee, saying it was meant to counter plans by Jubilee to withdraw Kenya from the Rome Statute as it contradicted the very application by AU before the Security Council, which is premised on the Rome Statute.

“Our argument was that already the application before the UN Security Council is based on Article 16 of the Rome Statute and thus, if we replace it and withdraw from ICC, then what legal basis can Kenya rely on in making the application?” he said.

Orengo argued that Kenya could push for an amendment of the Rome Statute during the Assembly of State Parties to shield a sitting president from attending trial while in office, in line with the Kampala proposal.

After calls to journalists, Orengo and fellow senators Johnstone Muthama, Otieno Kajwang’ and Janet Ong’era followed through with a press conference.

The development rekindled the controversy during the tenure of the coalition government following a letter reportedly authored by ODM urging the UNSC to disregard a petition then filed by the Kenyan authorities.

Tuesday, the four CORD-allied senators denied reports that the coalition had resolved to support calls for a deferral of the ICC cases.

They said instead they were keen to ensure that justice is served for the post-election violence victims.

“We are keen on ensuring justice for the victims and also ensuring that impunity is punished. Reports that we have changed position over the matter is only a spin to support an earlier erroneous rumour that had been peddled in the newspapers,” said Orengo.

Ong’era said the coalition was encouraging President Uhuru to attend the trials at The Hague, saying any attempts by Kenya to pull out of the Rome Statute would send signals that the country is turning into a banana republic.

“We have seen the evidence that is being adduced in the ICC and it is very shoddy. We are encouraging the President to attend the trials and we are sure he will soon be vindicated. He should not be seen to fear the process,” said Ong’era.

Kajwang’ accused Uhuru and his Jubilee team of shifting their positions on the court, cautioning that their calls for a deferral were indicative that suspects of the post-election violence may never be tried.

End of justice

“What will stop the President asking for a deferral if he wins the next elections? And further, what will stop Ruto doing the same if he becomes President after Uhuru? This would mean that there will be no trials for the next 20 years, and that would be the end of justice for the victims,” said Kajwang’.

Earlier at the Orange House meeting, Kitutu Chache MP Richard Onyonka made a case for the bipartisan push by MPs to reach a deal to be presented at the UNSC.

But some MPs reportedly spoke out against the proposal but were willing to engage with their Jubilee counterparts only if they are formally approached.

“We are not opposed to any discussions but they must be structured and constructive. This does not mean we support the deferral bid,” said Orengo.

This particular position was informed by concerns by party supporters, who had called Raila to state that CORD would have betrayed them if they supported the deferral bid.