Kenya gazettes International Crimes law

By Peter Opiyo

Kenya has made progress in its attempt to try perpetrators of post-poll violence.

The Government has gazetted the International Crimes Act that domesticates the Rome Statute and defines international crimes.

Passed last December, the Act cites the crimes as genocide, war crimes and crimes against humanity. The Act was gazetted last Friday.

But MPs objected to incorporating a statute that subjects a sitting President to criminal proceedings over international crimes.

Justice Philip Waki had recommended in his report on the violence that the Act be enacted to aid the trial of perpetrators.

Waki Report

In the ‘Kenya Gazette’ notice, the Act commenced operation on January 1.

This means Kenya will investigate and prosecute international crimes committed locally or abroad by Kenyans or committed in any place against a Kenyan.

And following adoption of the Waki Report by Parliament last December, the Government only needs to come up with a Bill to establish a local tribunal.

A move towards this end was thwarted when MPs, in February, voted against a Bill that would have established a special tribunal.

They argued a local process would be subjected to political manipulation.

But President Kibaki, in his Madaraka Day speech, hinted at the reintroduction of the Bill after consultations.

Former UN Secretary-General Kofi Annan, who brokered talks following the disputed 2007 presidential vote, has maintained that a local tribunal is the best option for Kenya.

Justice Waki handed over to Annan an envelope said to contain names of six Cabinet ministers, prominent businessmen and politicians linked to the violence.