Kenya: The Hague opens jaws

On Tuesday President Barack Obama spoke through the US Ambassador in Kenya, warning the days ahead would be rough if the reform process remains feeble and corruption and impunity go unpunished. The warning came as Mr Luis Moreno-Ocampo (pictured) was in the US meeting State Department officials led by Mrs Hilary Clinton the conveyor of Obamas vision of a new Kenya the land of his father.

Today the US diplomat in Kenya, Michael Ranneberger is expected to make what a junior US Government official referred to as a major announcement of the US actions to push for reforms.

Parliament, which should legislate a local tribunal is in recess until November; the Cabinet is divided, and MPs are hostile. On the extreme end the citizenry is cynical of the divided Grand Coalition Cabinets idea of justice for perpetrators of post-election violence.

The Justice Minister Mutula Kilonzo is grumbling President Kibaki and Prime Minister are not doing much to avoid the prospect of The Hague trials for a pool of well-heeled suspects, including about six ministers. But he has not taken the bold step of asking Ocampo for extension of the deadline. He, instead, has said he would welcome him if he knocks.

“I will tell Moreno-Ocampo, sorry, we cannot produce a local tribunal by September 30,” he said this week. Ocampo and three Kenyan ministers, including Mutula, agreed on this date in July.

Accepted eventuality

As prospects for a local tribunal meeting international standards as demanded by Ocampo, and the international community fade, Kenya appears to have accepted the eventuality.

Signs Ocampo could just be waiting for September 30 seemed to surface with failure by his office to release a statement on Kenya yesterday, as earlier anticipated. Ms Cornelia Schneider, the Public Information Officer (Immediate Office of the Prosecutor) said on e-mail: “The prosecutor will not issue a statement on Kenya today (yesterday).” She was responding to an inquiry by The Standard.

Outside the country work is in progress for Kenyas trials at The Hague. Kiswahili translators have been hired; foreign experts who listened to the accounts of violence during the Waki Commission hearings have been consulted.

What Ocampo now wants is one-on-one talks with Kibaki and Raila. It is expected that if the meeting takes place, he would show them how narrow their options have grown, and how he intends to cast his net wide for those holding the highest responsibility for post-election violence.

The VIPs who suspect their names could be in folders Ocampo received from Waki, through Dr Kofi Annan, must be wondering what would become of them and their political, business and professional careers.

For behind the faade a domestic solution to the crimes would be found, the fog on highway to The Hague appears to be getting thinner and the road clearer. What is not clear is who would be on this road, and what other options Kibaki and Raila are working on.

There is, however, a silver lining on the skies, by way of Imenti Central MP Gitobu Imanyaras Bill pending before Parliament.

Railas support

The Bill seeks a local tribunal with international benchmarks. But again this is not what the Cabinet wants. It has, however, attracted Railas support and at least three other ministers.

Mutula gave The Hague option a new momentum this week by saying he would invite Ocampo to begin investigations. Ocampo also promised to get Mrs Hillary Clintons support to set things in motion. Yesterday, Imanyara challenged Ocampo to publish the names of key suspects handed to him by former UN Secretary General, Annan.

The Imanyara Bill targets crimes such as rape, robbery with violence and murder.

Mutula has maintained ICC is free to investigate, arrest and try suspects. The primary responsibility for conducting investigations and prosecutions into crimes that may fall within the jurisdiction of the ICC lies within the Kenyan authorities.

Should efforts to conduct national proceedings fail, the Government has committed itself to The Hague option in accordance with Article 14 of the Rome Statute.

Last week, Parliament adjourned without debating the Special Tribunal Bill, which would have facilitated the formation of a local tribunal.

Yesterday, the State Law Office said it had co-operated with the ICC on the protection of witnesses, including those with crucial evidence on the violence. Attorney General Amos Wako said: “The Department of Public Prosecutions has been working closely with the ICC in protection of key witnesses over time.”

Cost of impunity

The civil society officials, who met Ocampo last week, reported he was keen to make Kenya an example to the world on the cost of impunity. He is said to have emphasised Kenya would prove an example of how to work together with the international community to end impunity.

“Kenya will show how to manage past violence and how to create a peaceful process for the upcoming elections in 2012. Kenya will be an example to the world,” Ocampo was quoted as saying.

On July 3, a high-level delegation from Kenya met the Prosecutor at The Hague to discuss the Kenyan situation.

ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity, and war crimes.

Mutula however, argues that since the Rome Statute was domesticated on January 1, international crimes, which occurred last year, cannot be tried locally.

The Standard