The clock ticked towards the revised deadline by the International Criminal Court and Chief Mediator Dr Kofi Annan as Parliament showed yet more signs it would again crush Kibakis and Railas bid for trial of post-election violence suspects by a local court.
MPs continued to point out the road they want the suspects, including ministers, taken, and it ends a the doorstep of the ICC at The Hague. The MPs from across the political divide vowed to block the Bill seeking to try post poll offenders locally when its brought to Parliament, saying they feared manipulation from the Executive.
The MPs argued that in trying to push a local tribunal, the Justice Minister was wasting time. They spoke as Mutula stumbled from an earlier plan to create a Special Division of the High Court, to trials by a Truth, Justice and Reconciliation Commission. The two successive options associated with the minister were seen as his own idea, and probably Kibakis and Railas, and promises middle-ground between The Hague, which MPs support, and a local tribunal which the principals have been pushing.
“We have had investigations conducted in the past and perpetrators are still free. What guarantee do we have that once the local tribunal is set up things will be different? We fear interference by the Executive in the local process. A local process will hamper the healing process in the country,” said Dr Robert Onsare Monda (Nyaribari Chache).
Garsen MP Danson Mungatana claimed President Kibaki was unlikely to hand over suspects indicted by the ICC as he blasted attempts by Mutula to restart efforts to try suspects from last years violence in Kenya.
“True justice has no rush,” he said and criticised the agreement between the Kenyan delegation and ICC giving Kenya more time to present its road map to try suspects of the post-election violence. “There is no political will by the Kibaki administration. This, coupled with a monumental weakness and bias in the Judiciary, cannot allow local trial of suspects even under the International Crimes Act,” said Mungatana.
“The (Justice Phillip Waki) envelope contains big names who bear the greatest responsibility for gross violation of international humanitarian law during post election violence but who he believes cannot be successfully tried locally owing to their wealth and political statuses,” he went on.
Settling scores
“The President will refuse to hand over these suspects if they are indicted whether they are from Party of National Unity or Orange Democratic Movement. Kibaki always moves against the current,” he argued.
Mutito MP Kiema Kilonzo said: “There are only three options to this mater. One is The Hague; Number Two is The Hague and Number Three The Hague. Period. Some people now drum up support for the Local Tribunal to either help in settling scores or let their friends off the hook.”
“The tribunal is aimed at fixing some politicians ahead of 2012. Prime Minister Raila Odinga and President Kibaki should top that list to The Hague since people went for each others blood because of them,” said Simon Mbugua (Kamukunji).
However, assistant minister Omingo Magara thinks differently. “We must address the issues as early as possible. Ultimatums are no longer working. We need a refocus on the issue and forget The Hague or the local tribunal, but address issues of distribution of the national cake, devolution and reforms, which were key issues that led to the violence,” he said.
Mr Omondi Anyanga (Nyatike) said some people wanted to use a local tribunal as a vendetta tool against their political opponents. Former Justice minister Martha Karua said the Government was not committed to bringing the perpetrators to book.
But speaking in Naivasha, Mr Mutula Kilonzo said the Government would beat the September deadline to hand in its two reports to ICC.
He said the action plan to prosecute suspects of the post election violence would be ready by end of September.
Despite pessimism
“The other report to be presented to the prosecutor includes the safety of the victims and witnesses of the post-election violence,” he said.
The minister, who led a delegation to Europe, said that he would be supplying information based on modalities agreed, comprising of a Cabinet memorandum or draft legislation regarding the prosecution.
“This agreement is the first of its kind between the country and ICC and we are confident it will work,” said Mutula.
Despite pessimism of forming a local tribunal, the minister said there was an option of setting up a judicial mechanism to try the suspects in the country.
He argued a window of opportunity had been opened that was technically an amendment to the recommendation of the Waki Commission.
Those opposed to the local tribunal he said, should not expect to have an easy time in The Hague. The minister hinted that he would present proposals in Parliament, adding that he was not tied to the provision in the Waki Commission, which only wanted a local tribunal. It is this that promises another confrontation in Parliament that in Ugenya, Lands Minister James Orengo said ICC was under no obligation to accept the names contained in the Waki envelope.
Orengo said the ICC prosecutor Luis Moreno-Ocampo would carry out his own independent investigation and decide on the culprits to indict.
Orengo said ICC was not a court for the “small fish”, adding that Kenyans should not expect Ocampo and his team to storm Kenya and start making arbitrary arrests.
Others who objected to the choice of local tribunal were Mr Peter Kenneth (Gatanga) and Lewis Nguyai (Kabete).
Reporting by Maseme Machuka, David Ochami, Antony Gitonga and George Olwenya
The Standard
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