The Kenyan delegation to The Hague yesterday met ICC Prosecutor Louis Moreno-Ocampo who gave the Government a chance to set up a special tribunal, as recommended in the Waki Report, saying the ICC was a court of last resort.
During the meeting, it was agreed that the Government would use the 12 months extension to employ all judicial mechanisms with the help of Parliament to deal with perpetrators of A statement released after the meeting said: “If there is no parliamentary agreement, and in accordance with the Kenyas commitment to end impunity of those responsible for the most serious crimes, the Government of Kenya will refer the situation to the prosecutor in accordance with Article 14 of the Rome Statute.”
The ICC prosecutor, who met the delegation in his office at The Hague, also disclosed that his office was conducting preliminary examination of the situation in Kenya as announced on February 5, last year.
“The Prosecutor reiterated that crimes allegedly committed in Kenya after the 2007 elections may fall within the jurisdiction of the ICC and warrant investigations and prosecutions,” added a statement signed by Ocampo and Cabinet ministers Mutula Kilonzo (Justice), James Orengo (Lands), and Attorney-General Amos Wako.
However, the meeting agreed that in accordance with the Rome Statute that establishes the ICC and to which the Government is a signatory, the Kenyan authorities were primarily responsible for investigations and prosecutions. “The Waki Commission has recommended the setting up of a special tribunal. The ICC is a court of last resort,” the statement added.
According to the minutes of the meeting, the delegation and the prosecutor resolved that should the Government carry out genuine judicial proceedings against those responsible, the office of the ICC will have no reason to intervene.
At the same time the Kenyan delegation preferred and agreed to provide Ocampo with, among other things, a report on the status of investigations and prosecutions arising out of post-election violence by the end of September.
They also agreed to provide him with any other information he requests for preliminary examination.
The delegation also agreed to provide Ocampo with information on measures to ensure the safety of victims and witnesses, pending the completion of “suitable judicial proceedings”.
The Waki findings were synthesised in a list that is said to include a number of politicians, including ministers and businessmen who either incited or funded the mayhem. The envelope carrying the names was handed over to Dr Annan. Further investigations and prosecution was recommended.
The Government is also required to provide him with modalities for conducting national investigations and prosecutions of those responsible for the violence through a special tribunal or other judicial mechanisms adopted by Parliament over the next 12 months.
But in a telephone interview from The Hague, Mr Orengo told The Standard on Saturday that the extension of the deadline should not be viewed as a reprieve for the perpetrators.
He said the ICC has confirmed that it has conducted and was continuing preliminary investigations in Kenya.
The minister distanced ODM from reports that the Government has a third option of creating a special division within the High Court to try the perpetrators.
Others who attended the meeting with Ocampo were Justice Assistant Minister William Cheptumo, Justice PS Amina Mohammed, Prime Minister Raila Odingas coalition advisor Miguna Miguna, and Kenyan Ambassador to The Netherlands Ruthie Rono.
The implication of the delay is yet to attract public response, as a number of MPs contacted last night were unwilling to comment. Those who did, Like Nominated MP George Nyamweya, said the matter can be resolved through the local judicial system.
The Standard
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