MPs revive push for local tribunal, claim Hague partial

By PETER OPIYO

Stung by the reality of the International Criminal Court process, some MPs are now rooting for a local tribunal to try suspected perpetrators of post-election violence.

The ten MPs, allied to Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto, claimed the ICC process "has been politically manipulated" and it would not "ensure justice to the victims".

Led by Ndaragwa MP Jeremiah Kioni, the MPs who met at a Nairobi hotel said they would sponsor a Motion in Parliament "to discuss the ICC process" and also explore the possibility of resuscitating a Bill that sought to establish a special Tribunal to try the suspects.

The Bill was defeated by the same MPs on the grounds that a local process was prone to manipulation by the political class.

Cannot stop ICC

"The ICC is no longer a judicial but a political process. We want to take this matter to Parliament so that a local process is established. The local process would give us a clearer bearing, than this process that is riddled by international politics," said Kioni.

However, observers say establishing a special tribunal would not be an easy affair because it requires a two-thirds majority MPs in the House, and even if this is achieved, it cannot stop the ICC process.

ICC prosecutor Luis Moreno-Ocampo is expected to make public names of six suspects believed to bear the greatest responsibility over the violence that claimed 1,133 lives and displaced more than 500,000 people tomorrow at 5pm. Over the weekend the court officials issued a statement saying Mr Moreno-Ocampo would make "an important announcement" about the Kenyan case and which will be streamed live to Internet users.

They confirmed Moreno-Ocampo would go ahead to name the suspects despite spirited attempts to halt the ICC process.

But Mosop MP David Koech said since there is anticipation the Judiciary would be reformed under the new Constitution, The Hague process is not necessary. The MPs claimed the ICC had not conducted any independent investigations.

Ruto’s application

MPs John Mututho (Naivasha), Ndiritu Muriithi (Laikipia West), Silas Ruteere (North Imenti) and Kareke Mbiuki (Nithi) attended the Press conference. Others included David Njuguna (Lari), Lewis Nguyai (Kikuyu), Sammy Mwaita (Baringo Central) and Lee Kinyanjui (Nakuru Town). The MPs rubbished report by the Justice Philip Waki-led commission into the chaos and another authored by the Kenya National Commission on Human Rights.

This comes as Ruto’s lawyer Katwa Kigen confirmed his client’s application asking ICC judges for fresh investigation into the violence was received at the registry in The Hague.

On Wednesday Ruto had filed an urgent application before the ICC, seeking to block Moreno-Ocampo from pushing ahead with his intended case against Kenya’s six.