Leaders react to ICC’s reprieve for post-poll suspects

 By Standard on Sunday Team

Mixed reactions greeted the one-year reprieve for perpetrators of post-election violence after a Kenyan delegation visited The Hague on Thursday.

National Council of Churches of Kenya (NCCK) said the move would not deter it from petitioning the International Criminal Court at The Hague to try the suspects.

NCCK General Secretary Peter Karanja scoffed at the reprieve, describing it as a delaying tactic against justice and insisted The Hague option was the best.

"How will the National Assembly housing the perpetrators and financiers of the 2008 violence agree on a law to incriminate them? Many in the House have vested interests while formation of the special tribunal demands a threshold contribution," he said.

But ODM faulted the NCCK, with Secretary-General Anyang’ Nyong’o accusing the clergy of dictating to the Government on the matter.

"The direction NCCK is taking on this matter would stand in the way of efforts by the Government to negotiate for the formation of a local tribunal," said Prof Nyong’o.

He said there was need for dialogue between the Church and the State so that they can speak in one voice so that those behind the violence face the law.

Elsewhere, Western Province leaders took different positions on the proposed prosecution of perpetrators of post-election violence.

Deputy Prime Minister Musalia Mudavadi supported the setting up of a local tribunal, while Assistant Minister Manyala Keya said suspects should be prosecuted at The Hague.

Bring To Book

Central Organisation of Trade Unions Secretary-General Francis Atwoli supported Mr Mudavadi, saying many Kenyans had faith in local judges.

Mudavadi said the Government must, however, tell the public how it plans to bring to book police officers and senior leaders implicated.

"We should form a local tribunal in the extra time we have been given by the International Criminal Court. The Hague should be the last option," he said.

He, however, said the 12 months reprieve given should not appear as if it is a long time.

He said the Government should protect witnesses and explain to Kenyans how senior officials will be investigated.

"The ICC is very concerned over witness protection. It has asked the Government to assure it that mechanisms will be put in place to protect witnesses," said the DPM.

Law Society of Kenya Chairman Okong’o Omogeni welcomed the move. He said it would give the Government ample time to consult widely before a local tribunal is set up.

Mr Omogeni said the tribunal must be established in accordance with the Waki Commission recommendation to give it international status beyond any manipulation.

Budalang’i MP Ababu Namwamba termed the extension irrelevant.

"The issue should be left to Kenyans to decide. We are tired of ultimatums," said Mr Namwamba.

But Assistant Ministers Wilfred Machage, Omingo Magara and Lewis Nguyai and MPs Danston Mungatana (Garsen), Simon Mbugua (Kamukunji), Lewis Nguyai (Kikuyu), Joshua Kutuny (Cherangany) and Omondi Anyanga (Nyatike) said the extension was a waste of time, as MPs will not change their mind on the local tribunal.

The ICJ Kenya Chapter chairman Wilfred Nderitu termed as unacceptable the decision saying it amounted to "one more year of impunity".

Former Kikuyu MP Paul Muite told the Kenyan delegation to The Hague to tread carefully for they will be accountable in case the one more year deadline is not met.

But Lands Minister James Orengo said ICC would start investigating suspects, within the next two to three months.

"The Hague would take action in two to three months, if we do not demonstrate genuine proceeding to meet the three conditions it set for the Government," Orengo told The Standard on Sunday.

He said Kenya has to undertake the necessary legislation to try post-poll chaos suspects.

Speaking in Kisumu yesterday, Orengo said Ocampo made it clear the one-year reprieve is not watertight.

"He gave us a chance to set up a special tribunal as recommended by the Waki Report, refer the issue back to Parliament and provide to him a report to the international court on status of local investigations," explained the Minister, who was among the Kenyan delegation to The Hague. The team arrived in the country yesterday.

"The ICC prosecutor informed us that in as much as we are a sovereign state, their statutes allow them to make prosecution such as they have done in Uganda, Central Republic of Congo and Sudan," explained the Ugenya MP.

Reports by Roselyne Obala, Maseme Machuka, Beauttah Omanga and Peter Atsiaya

　

 

 

Read all about: The Hague ICC National Council of Churches of Kenya NCCK International Criminal Court

 

 

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