VP, team begin ICC deferral offensive

By David Ochami and Beauttah Omanga

Vice-President Kalonzo Musyoka and his entourage embarked on the second leg of a diplomatic offensive against the International Criminal Court process.

There were initial reports denied by diplomatic sources and Kalonzo’s ODM Kenya party in Nairobi that part of the team was denied entry visas into the US and UK.

Meanwhile, other reports say the Kibaki administration remains in close contact with the regime of Libyan leader Muammar Gaddafi who Kenya has been lobbying on the ICC matter.

Gaddafi and Kibaki exchanged letters on February 17 and February 18, pledging mutual condemnation of the world court and to support each other over ICC investigations.

The last letter by the Libyan regime was sent to Kibaki on March 1. In it, the Libyan government pleads for support of friendly countries saying it is "ready to co-operate with any side that can discover the facts (over the unrest in North African nation)," including receiving an international committee to investigate events in the troubled country.

Self control

The letter, delivered to the Kenyan Foreign Affairs ministry, appeals to friendly governments to consider that the Libyan government has exercised "self control" in the course of the current unrest and is fully committed to "ensure the safety of all foreign citizens" and respect of basic rights.

It adds that the Libyan government expects support to end its crisis through dialogue and patience from the international community.

Nominated MP Muhamed Abdi Affey, who has accompanied the VP on similar trips, said reports of visa denials were false.

"It is not possible for the VP to be denied a visa," according to Affey, who said such a denial would be "an act of hostility".

But as Affey defended the shuttle mission, Justice Minister Mutula Kilonzo who has opposed the VP’s record on the ICC investigations, said the latest efforts were not in the interest of justice.

"I don’t agree with the deferral strategy," he said and added he believed the Kibaki administration has followed the wrong strategy.

The minister said the Government ought to apply directly for deferment to the ICC under Article 19 of the Rome Statute.

"Anyone who loves Kenya should go for the Article 19 not article 16 strategy of the Rome Statute. I have said this consistently," said Mutula.