Kibaki joins EAC fray to refer The Hague cases to Arusha court

By ALEX NDEGWA

The Government is working to persuade the International Criminal Court to give up jurisdiction over two Kenya cases set to go to full trial soon.

Recent developments and statements by senior officials suggest this effort has now gone into overdrive. On Saturday, the 10th Extraordinary Summit of East African Community Heads of State sanctioned efforts to have The Hague cases referred to the East African Court of Justice. This follows the ICC’s reluctance to consider sending the cases against four Kenyans to a local court.

Deputy Prime Minister Uhuru Kenyatta (second left) and Former Head of Civil Service Francis Muthaura when they appeared before the International Criminal Court, The Hague. [PHOTO: FILE/ STANDARD]

The EAC meeting, chaired by President Mwai Kibaki, closed with a resolution to extend the jurisdiction of the East African Court of Justice to cover crimes against humanity. This opens the way for the ICC accused to be tried in Arusha, Tanzania. In a statement read by EAC Secretary General Richard Sezibera, the Summit welcomed the resolution to extend jurisdiction of the EACJ and directed the Council of Ministers to consider the matter by the end of May, and report to an Extraordinary Summit to be convened immediately thereafter.

The Government’s strategy apparently is to re-open investigations and prosecutions into some 5,000 pending cases on the 2008 post-election violence to show it is serious on punishing those implicated in the crimes. Previously, the ICC has rejected the Government’s application to refer the cases, saying Kenyan authorities lack the political will to ensure credible prosecutions.

The Director of Public Prosecutions Keriako Tobiko has moved to implement recommendations by a panel of lawyers, who advised the Government after the ICC confirmed the charges against the ‘Ocampo Four’.

Attorney General Githu Muigai has since briefed the President on the legal opinion, which suggested the appointment of an independent Special Prosecutor to try 2008 post-poll violence cases, including those involving the four.

Deputy Prime Minister Uhuru Kenyatta, former Head of Civil Service Francis Muthaura, Eldoret North MP William Ruto, and radio journalist Joshua arap Sang are facing crimes against humanity charges.

On Saturday, Tobiko indicated he planned to appoint special prosecutors, including international experts, to handle the over 5,000 pending cases. To ensure their credibility, the DPP said he would consult the ICC, the Law Society of Kenya, and the International Crimes Tribunal for Rwanda to identify competent individuals.

President Kibaki signalled the renewed efforts in an address to Parliament on Tuesday. He pointedly recalled the House endorsed a Motion calling for the withdrawal of Kenya from ICC and stressed his Government will continue pushing for local trials.

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