Kibaki, Raila hold talks over ICC judges’ move

By Athman Amran and Martin Mutua

President Kibaki and Prime Minister Raila Odinga met at Harambee House office to seek a way forward following issuance of summonses by the International Criminal Court.

The President also summoned Attorney General Amos Wako, Justice Minister Mutula Kilonzo, and Internal Security Minister George Saitoti.

The PS in Prime Minister’s Office, Mohammed Isahakia, and the President’s Private Secretary, Nick Wanjohi, also attended.

Mutula and Wako have been opposed to attempts by the Government to seek deferral of the cases through the United Nations and advised the President that the suspects have to heed the summonses, failure to which warrants of arrest would be issued against them.

This would leave the Government with no option but to hand them over to The Hague.

"The President and the Prime Minister just wanted legal advice," Mutula said. He added: "They were inquisitive, curious to know what next."

Sources said the principals were taken through the options available in the International Crimes Act and the Rome Statute.

The sources said Mutula and Wako told the President that the ongoing shuttle diplomacy was ill advised, since no prosecutions had started at the ICC, and investigations had been concluded.

They reportedly told the leaders the only alternative would be to challenge the admissibility of the cases as well as the jurisdiction of the court.