Igad States back bid to defer ICC cases by one year

By DAVID OCHAMI AND PPS

Kenya’s neighbours have supported its bid to defer the International Criminal Court cases against six personalities.

Presidents of member countries of the Intergovernmental Authority on Development (Igad) yesterday accepted a request by President Kibaki to rally behind Kenya’s request to defer the case against six Kenyans.

Igad comprises Kenya, Uganda, Sudan, Ethiopia, Djibouti and Eritrea, although the latter froze its membership due to disputes with archrival Ethiopia. The next stage for Kibaki to present Kenya’s case would be at the African Union Heads of States summit, which is expected to pass its resolutions today.

President Kibaki (third left) and other Heads of State and Governments during the opening session of the 16th Ordinary Session of the African Union in Addis Ababa, Ethiopia SUnday. [Photo: PPS]

Then Kenya will move to the UN Security Council, which has the powers to order the ICC to suspend the case.

As the presidents were making the decision, the AU Commission Chairman Jean Ping said Africa does not have a problem with the ICC, but only with its prosecutor Luis Moreno-Ocampo whom he said was applying double standards in his role.

Ping claimed Moreno-Ocampo was "vindictive" and alleged he had condemned the six Kenyans before the court established whether they have cases to answer or not.

Pledged support

"We Africans and the African Union are not against the International Criminal Court. That should be clear," Ping told a news conference at an African Union summit in Ethiopia.

"We are against Ocampo who is rendering justice with double standards," he said.

President Mwai Kibaki met the Igad leaders for a mini-summit on the sidelines of the ongoing AU summit in Addis Ababa yesterday, and requested their support to defer the investigation for a year.

Many Igad members, including Sudan, Ethiopia and Eritrea have not signed the Rome Statute.

The Igad leaders agreed with Kibaki’s request that Kenya be given a twelve-month window to establish a judicial mechanism to try the perpetrators of the post-election violence."

The resolution of the Igad leaders meeting will now be passed to the heads of state plenary session for adoption. Through Vice President Kalonzo Musyoka, Kenya wants the AU to adopt a motion calling for a deferral, which the continental body will table at the UN Security Council.

Ethiopia’s President Meles Zenawi who chaired the Igad meeting said the ICC case could destabilise Kenya.

"We cannot allow the only country in our region that has enjoyed stability to be destabilised on the grounds of a technicality. All that the Kenyans are asking for is a twelve-month period to be allowed to put in place a mechanism that will bring about justice and avoid a repeat of the post-election violence."

The Igad leaders pledged support efforts reconcile Kenyans and foster justice.

Kibaki said Kenya is committed to the search for justice and prosecution of suspects of the 2007/2008-post election violence.

Said Kibaki: "On 27th August last year, we promulgated the new Constitution of Kenya, paving way for a wide range of judicial and police reforms in order to create Kenya ’s local judicial mechanism with sufficient capacity, and with the ability to investigate and try all perpetrators of post-election violence in 2008. The process of creating these new institutions is quite advanced today, and there will be no going back."

The President pointed out that there were provisions that allowed for a deferment.

"It is for this reason that I seek your support for a UN Security Council Deferral of the Kenya case as provided for under Article 16 of the Rome Statute so as to give Kenya twelve months within which to set up the local judicial process, and embark on completion of investigations and trials of the post election violence," the President told the Igad meeting held on the sidelines of the AU summit.

major reforms

Kibaki said Kenya is on the path of major reforms that needed to be institutionalised.

"Kenya is a fully functioning State and the provisions of deferral under the principle of complementarities are most appropriate for the country. It will boost our efforts of peace, justice and reconciliation, as well as uphold our national dignity and sovereignty, and prevent the resumption of conflict and violence," said the President.

The AU meeting will pass its resolutions today when the meeting ends.

The six individuals targeted by Ocampo are Deputy Prime Minister Uhuru Kenyatta, Head of Public Service and Secretary to the Cabinet Francis Muthaura, Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, Postmaster-General and former police commissioner Hussen Ali and Kass FM journalist Joshua Sang.