Kenya to go slow on tribunal

The government on Monday appeared to change its position over the formation of a local tribunal to try those suspected of crimes against humanity during the post-election violence.

Justice minister Mutula Kilonzo on Monday said the government was approaching the issue with extreme caution to avoid splitting the country.

He said the government might reconsider the trial of the architects of the violence locally if the cost to the country is too high.

Secret envelope

Mr Kilonzo, however, said the government was committed to trying the five ministers and other prominent personalities whose names are in the secret envelope held by chief mediator Kofi Annan.

I will make sure we form the local tribunal. However if the cost is to split Kenya, then I will not do it. I am not going to tell Mr Annan to go slow on the matter. I will lay down the facts, he said a day after Prime Raila Odinga warned that Parliament had only one more chance to create the special court before Mr Annan referred the matter to the International Criminal Court at The Hague.

Mr Kilonzo echoed Mr Odingas stand that the government will no longer seek an extension of the deadline from Mr Annan who has been holding the envelope since March.

If Parliament passes the Statute, then it is fine. If it doesnt we will tell Annan to hand over the envelope to the ICC, Mr Odinga said on Sunday.

Several ministers and MPs have given conflicting views on the laws which should have been enacted by the beginning of March.

However, MPs voted against anchoring the Special Tribunal for Kenya in the Constitution in March.

Last week, Mr Annan, the former UN secretary-general, said that the country has until the end of August to form the tribunal. If it did not, then he would hand over the envelope containing the list of suspects to the ICC.

Mr Annans threat to take the envelope to The Hague has also been supported by President Barack Obamas administration.

A number of MPs have, however, criticised Mr Annan and asked him to stop interfering in Kenyas affairs.

On Monday, Children and Gender Affairs minister Esther Murugi supported the local tribunal arguing it will be a major step towards national healing.

She said the government preferred a local tribunal as opposed to having the suspects tried at The Hague.

The setting up of the tribunal is not about Kofi Annan opening the envelope, but its about ending a culture of impunity. In fact Mr Annan should open the envelope even before the August deadline, Ms Murugi said in Nyeri after she opened a local branch of a micro-finance institution, Jamii Bora Trust.

The minister said there was a general feeling among Kenyans that impunity should not be condoned and that The Hague option would delay justice.

We are not sure of the period the ICC will take to prosecute the perpetrators. It can take even 10 years. We feel that if the sponsors and the perpetrators of the violence are brought to book, then the country can start healing. But the chances of healing are very small if we opt to try the suspects at the ICC, she said.

Agriculture minister William Ruto said on Monday that last years post-election violence should be put behind to enable Kenyans consolidate efforts for a more stable, united and prosperous country.

He said Kenyans did not need leaders who told them how big a problem they had but those who propose ideas on how to reconstruct the country.

We focus too much on the magnitude of our problems and do not see the opportunities of solving them, he said.

Earlier, nominated ODM MP Musa Sirma had also criticised Mr Annan for threatening to hand over the Waki envelope to the Hague.

On Monday, Mr Kilonzo announced that the Kenya National Dialogue and Reconciliation team will meet on June 30 to review the progress the coalition government has made, including the implementation of the Waki report. He said there were consultations within government on re-introducing the two tribunal bills.

None of the MPs have opposed the prosecution of the suspects. We all agree that they should be punished but the contentious issue is what kind of court should try them, he said.

The government has charged the Permanent Committee on the Management of the Grand Coalition with the responsibility of coming up with ways of reintroducing the bills.

The post-election violence led to the death of 1,300 people and the displacement of 650,000 others.

The Justice Philip Waki-led commission of inquiry into the violence asked that a special court be set up to try the suspects, failure to which the names contained in the envelope be sent to The Hague.

Additional reporting by Wycliff Kipsang, Muchiri Gitonga and Kennedy Lumwamu

Daily Nation

Post published in: Zimbabwe News

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