ODM disowns deal to pay for 'Ocampo Six'

By David Ochami

A split has emerged within the Grand Coalition Government over the official stand on the International Criminal Court process targeting six Kenyans for trial at The Hague in the Netherlands.

Prime Minister Raila Odinga’s side of the coalition yesterday disowned diplomatic efforts launched by Government to counter the ICC process that seeks to try the six individuals for crimes against humanity, committed during the 2007 post-election period.

The PM’s faction of ODM appeared to differ with coalition partner PNU, whose leaders have urged Government to support some of the suspects targeted for trial by ICC prosecutor Luis Moreno-

Ocampo. The party leadership also rallied to Raila’s defence and accused suspended Higher Education Minister William Ruto of waging a propaganda war against the PM on the ICC issue and other matters.

ODM leaders, led by Deputy Prime Minister Musalia Mudavadi (left) and Cabinet ministers James Orengo and Mohamed Elmi, yesterday said the Cabinet has no plans to withdraw from the Rome Statute that established the International Criminal Court. [PHOTO: BONIFACE OKENDO/STANDARD]

The question of funding the defence of the ICC suspects has divided the cabinet down the middle, while civil societies have piled pressure on the principals to sack them from Government.

ODM said in a statement read last evening by Deputy Prime Minister Musalia Mudavadi that Ruto and his allies are trying to "throw the country into a state of panic" through "meticulous lies" and "sustained propaganda" to tarnish Raila and sabotage implementation of the new Constitution.

Mudavadi, who is a deputy party leader, said ODM supports Raila fully, and added that the "KKK alliance comprises leaders of dubious background, opponents of change posing as youth, who have always resisted change and propped up dictatorships in the past." KKK (Kikuyu, Kalenjin, Kamba) is an emerging ethnic alliance between Ruto, Vice President Kalonzo Musyoka and deputy Prime Minister Uhuru Kenyatta, with the aim of forming the next government in 2012.

Mudavadi said the Cabinet has neither discussed "efforts to get Kenya out of the Hague process" nor approved payment of legal fees for two key government suspects under investigation by the ICC.

Campaign against ICC

In response to claims by VP Kalonzo Musyoka that Kenya is lobbying the African Union and UN Security Council to defer ICC investigations of the six accused Kenyans, ODM declared last evening that it is not party to the campaign against the ICC.

"Lately, an impression has been created that the Government is spearheading efforts to get Kenya out of the Hague process. We wish to state categorically that to the best of our knowledge, the Cabinet has not made any resolution to that effect. Whoever is pushing this agenda is not doing it for the Coalition Government, but as a partisan or personal agenda," said Mudavadi.

On Thursday last week, Government Spokesman Alfred Mutua kicked off the debate by disputing media reports that Sh4.7 billion was to be set aside to support the suspects who, besides Uhuru and Ruto, include Head Civil Service Francis Muthaura. Post Master general Hussein Ali, Tinderet MP and ODM chairman Henry Kosgey and Kass FM radio host Joshua arap Sang.

Mutua said the figure reported in the media was exaggerated, but could not reveal the actual sum.

Yesterday, the VP added another spin when he claimed The Hague process was too expensive, and can cause suspects to sell all their assets.

Mudavadi led four ministers and 11 MPs allied to the Raila camp of ODM in claiming that a propaganda campaign of "historic proportions" has been hatched and sustained against Raila over pending trials at the ICC, and so-called "generational transfer of power."

Flanked by Cabinet ministers Fred Gumo, Mohamed Elmi, James Orengo and Otieno Kajwang’, Mudavadi said Raila’s critics have spread lies that the PM "decided who got into the Hague list and who did not."

Negotiating team

The Sabatia MP said Ruto sat in the mediation team that created the Waki Commission that investigated the post-election violence of 2007-08 and named its commissioners.

"Some of the vocal anti-ODM MPs served in the negotiating team that created the Waki Commission and others. They participated in picking the commissioners," Mudavadi said.

Mudavadi said rebel ODM MPs are in a sense of panic following the call for grassroots party elections, and urged to defect if they no longer feel comfortable within.

He accused the rebels of undermining the party and threatening departure "which never occurs", and compared them to a divorcee who is reluctant to leave the matrimonial home.

"Three years is a long time to be packing belongings while issuing threats to a spouse," said Mudavadi, accusing the rebels of threatening a walkout since 2008.