By Martin Mutua and David Ohito
It was the day Kenya’s options ran out, the interest of the international community triumphed, and the nation left in the hands of the International Criminal Court.
On Thursday marked a turning point in the upcoming trials of post-election offenders, as ICC got the entry card to Kenya because of its refusal to refer the case to The Hague.
It also marked a turning point as President Kibaki and Prime Minister Raila Odinga, by the default of inaction on ICC’s direct request for referral of Kenya’s case to The Hague, automatically left those who may have committed crimes in their names to ICC, and so sparing themselves accusations of betrayal. In front of Harambee House where last February they signed the life-saving power deal, Kibaki and Raila stood as ICC thunderbolt struck.
Elsewhere wananchi haggled over ‘what next?’ over lunch. Off the cameras Moreno-Ocampo is reported to have told Raila and Kibaki to show leadership in search of justice. He is also said to have also told them whereas he was only capable of handling about three or five cases of key perpetrators of the violence, the rest must be dealt with locally.
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| It may be the first time the President and PM are meeting Moreno-Ocampo but their faces do not say so |
In February, last year, Chief Mediator Kofi Annan was our guest and his message was of hope. On Thursday, standing with them was ICC Chief Prosecutor Luis Moreno-Ocampo
Shook Kenya
His message could have been clear, but its ramifications shook Kenya, and the aftershock could last a long time. He announced he would next month ask ICC judges to open investigations on Kenya’s high profile personalities suspected to hold higher responsibility for post-election violence.
Last year before Annan, and an expectant nation, Kibaki and Raila shook hands and promised to share power and save the country. On Thursday, they may not have given Ocampo the formal letter of reference of Kenya’s case to ICC as he wanted, or even openly agreed or rejected the offer to have suspects tried and sentenced to serve in local prisons.
But they spoke in turns like last year and promised what they have twice lost because of a hostile Parliament: establishing a local tribunal to deal with lesser offenders.
The words that stood out in their joint statement, which Kibaki read in English and Raila paraphrased in Kiswahili, were that they had a “constructive meeting” with Ocampo, and the “discussions were candid and frank”.
But they were silent on Ocampo’s main request, a formal referral of the case to ICC. This let the case to progress along the line charted by the Roman Statute.
This is why Moreno-Ocampo’s announcement echoed his statement to Kibaki and Raila last week that if there were no referrals, he would exercise his powers and ask The Hague’s Bench for Pre-Trial Chamber hearings on Kenya.
As the evening set in, reality struck ICC will be swinging into action within days.
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| One of the post-election violence flashpoints in Kibera slum, last year. Photo: File /Standard |
“Ocampo was categorical President Kibaki and PM Raila Odinga must lead from the front and ensure victims of the violence get justice locally,” our sources reported.
The prosecutor, who arrived yesterday morning, is also reported to have been told by Kibaki and Raila they would not be referring Kenya’s case to ICC, arguing it could jeopardise Agenda Four. These include the constitutional review by the Committee of Experts, constituency boundary review, and the Truth Justice and Reconciliation Commission.
The sources also revealed they opposed the prosecutions being held locally.
“The Government side was clear that since Ocampo has a case against some individuals as he told us, then the prosecution should be carried out at The Hague,” added other sources.
Agenda four
According sources Raila took the prosecutor through the Agenda Four items that were being implemented following the adoption of the reports by Justice Philip Waki and Justice Johann Kriegler commissions.
“We have had a constructive meeting with Mr Louis Moreno-Ocampo, Prosecutor of the International Criminal Court. The discussions were candid and frank,” said Kibaki and Raila in their statement.
They also said they were committed to co-operating with the ICC within the framework of the Rome Statute and the International Crimes Act.
They added they were fast tracking the necessary reforms to ensure election-related violence does not recur.
“We will co-operate with the International Criminal Court to ensure that those who bear the responsibility for crimes committed during the post-election conflict are brought to justice,” the leaders said.
Execute mandate
Moreno-Ocampo said he was impressed by the Government’s efforts to prevent a recurrence of post-election violence. He said that during the meeting he explained how he intended to execute his mandate.
“According to the explanations that he was offering, he seems to have built a case around five persons whom he wants to arrest for trials at The Hague,” revealed a source.
Other sources further said Kibaki and Raila seemed to have been briefed about the prosecutor’s mandate, and that was the reason the meeting did not take long.
The stage is set for Kibaki and Raila to spearhead the formation of a local tribunal, or reforms that would bring justice to other post-election violence victims.
Parliament reconvenes on Tuesday, and one of the businesses on the agenda is a proposed Bill by Imenti Central MP Gitobu Imanyara.
The Bill seeks to establish a special tribunal that meets international standards.
source.standard.ke