No Christmas for Hague suspects?

by Mutinda Mwanzia

The high profile personalities suspected to have planned and bankrolled post-election violence could be arrested by December. The revelations came as the Government prepares for arrival of International Criminal Court (ICC) Chief Prosecutor Luis Moreno-Ocampo on Thursday, next week. He will be in Nairobi to ask for President Kibaki and Prime Minister Raila Odinga’s support in arresting suspects, some of who are believed to be their allies.

As the two leaders ponder the dilemma of leaving some of their top allies to their fate, and the subsequent political ramification, Moreno-Ocampo will also be pitching for a local tribunal meeting ‘acceptable international standards’ to try the lesser offenders.

"In fact Moreno-Ocampo should, if possible by Christmas (would) have arrested some of the principal suspects so that Kenyans can know that the matter is weighty," said the Justice Minister Kilonzo, who has been Moreno-Ocampo’s link to Kibaki and Raila.

Mutula, who spoke to reporters after opening a conference on leadership and ethics at Strathmore University, said the Government was ready to hand over the election violence suspects to the ICC.

Face reality

On Thursday Mutula said Moreno-Ocampo had confirmed the visit, adding the country should prepare to face the consequences of failing to set up a special tribunal to try post-election violence suspects locally.

"I personally welcome Moreno-Ocampo so that reality can dawn on those who thought his coming was a joke," said Mutula.

He said Moreno-Ocampo would brief the two leaders on the next steps to be taken to ensure justice was done. "He will also use the meeting to inform the two leaders about his mandate, as ICC Chief Prosecutor," said Mutula. He said Parliament had failed to ensure the crimes were tried locally, adding the responsibility now lie with Moreno-Ocampo.

He said other than Parliament the Cabinet had let him down by failing to support a local tribunal.

"When I tabled the Bill in Parliament, MPs told me not to be vague since The Hague was the only option. Now the country must prepare to face the results of our failure to establish a local tribunal," said Mutula.

Kibaki: is under pressure to implement comprehensive reforms

If that happens, some Cabinet ministers, current and former MPs, senior civil servants, and top businessmen may have a forlorn Christmas, away from home.

It is through Mutula that Moreno-Ocampo sought appointment with the President and the PM. He was to arrive just a few days after Chief Mediator Kofi Annan left Nairobi this month, demanding fast tracking of reforms, demonstration of commitment to the rule of law, and end to impunity and corruption.

The meeting was moved to November 6 because the PM had travelled to China.

Preliminary findings

It was not immediately clear whether ICC would arrest suspects before the end of the year. But ICC investigators won’t be starting from scratch on the Kenyan case. They have preliminary findings by human rights investigations, and the Justice Philip Waki Commission Report on post-election violence.

The prime suspects are accused of either financing or orchestrating the worst ethnic violence in Kenya’s history in which about 1,133 people were killed and 650,000 others displaced.

No immunity

Mutula said the Government would not protect anyone, adding the country has adopted an international crimes law and, therefore has no choice but to co-operate with the International Criminal Court.

"Kenya is a signatory to the Rome Statute. We have no option but to support Moreno-Ocampo in his work," said Mutula.

He said the ICC would prosecute those most responsible for the violence since the country cannot investigate international crimes.

Raila: Key allies might be in Moreno-Ocampo’s list of suspects.

Mutula said Kenyans did not trust the local judicial system could try suspects since they believe it was prone to manipulation and political interference.

" If I had my way I would push for the suspects to be tried locally. The fact that some will end up at the ICC has been giving me sleepless nights," said Mutula.

He said the trials would help end the culture of impunity among the political class.

Early this month, Moreno-Ocampo wrote to Mutula saying he was ready to start talks on the next steps after the Government failed to meet the September 30 deadline to set up a special local tribunal.

Mutula said he had written to Moreno-Ocampo following a meeting he held with Kibaki and Raila two weeks ago.

"The two leaders agreed on November 4, as the date to meet Moreno-Ocampo and instructed me to invite him," said Mutula.

He said that as agreed during a meeting with Kenyan ministers at The Hague on July 3, Moreno-Ocampo had no option but to start the process of having the suspects tried by ICC following the failure to set up a tribunal.

Funded mayhem

Moreno-Ocampo has the names of individuals suspected to have organised or funded the

Annan: Handed over Waki list of suspects to ICC

mayhem. Dr Annan handed over the envelope containing the names to him in July.

Imenti Central MP Gitobu Imanyara has sponsored a Bill in a fresh attempt to set up a special tribunal, after Parliament rejected similar Bills by the Government.

Imanyara has published the Special Tribunal Bill, which will be debated when the House resumes next month.