Hungry for Truth, Peace and Justice

Contrary to what Kagame advised to Kenya: Post-Poll Suspects Will be Arrested and handed over to the ICC

By Cosmas Butunyi and Oliver Mathenge
The Daily Nation On The Web
October 9, 2009

Nairobi — Prime Minister Raila Odinga has given the strongest commitment yet that the Kenyan Government will arrest and hand over suspects of the post-election violence to the International Criminal Court.

Mr Odinga said those indicted will be arrested and handed over to the ICC prosecutors. It is thought that the suspects include some prominent Cabinet ministers. "We are ready to arrest and hand over suspects to be taken to the Hague for prosecution," he said in Kisumu.

Way forward
Mr Odinga made the statement as it emerged that ICC prosecutor Luis Moreno-Ocampo was expected to formally request a meeting with Mr Odinga and President Kibaki to discuss the way forward.

Justice Minister Mutula Kilonzo disclosed on Friday that he had talked with the ICC prosecutor earlier that morning. "He telephoned me today at 10.40am. He wanted to know what I recommend should happen on the way forward. I recommended that he writes to me with a request to meet the two principals and other relevant stakeholders. He promised to write today (Friday)," Mr Kilonzo told the Saturday Nation.

If the ICC takes up the matter, up to six Cabinet Ministers, five MPs and several business people are believed to be in the list of key planners and financiers Mr Ocampo might want tried at the international court.

Mr Odinga said he and President Kibaki, in recent meetings with chief mediator Kofi Annan, agreed to fully cooperate with the ICC by ensuring arrest of wanted suspects in Kenya. A group of influential cabinet ministers led by Agriculture minister William Ruto have been against trying suspects at the Hague, rooting instead for the truth, justice and reconciliation process.

Mr Odinga reiterated that it was neither his fault, nor President Kibaki's, that Parliament had rejected the Bill for establishment of a local tribunal. He said that justice had to be seen to have been done, adding that there could not be reconciliation in the country without truth and justice.

The PM recalled that many politicians had campaigned against the local tribunal and voiced support for the Hague option in the belief that it would take a long time for Kenya's case to come up at the international court. Some people feared they were in the secret list drawn up by the Waki Commission, he said, and therefore did not want a local tribunal that would handle their case immediately.

Best option

The PM said legislators led by Mr Gitobu Imanyara who were now pushing a Private Members Bill for a local tribunal after rejecting the Government Bill were acting at the behest of US Secretary of State Hillary Clinton. "They only changed their minds and drafted the Bill after they met Hillary Clinton who convinced them that it was the best option," he said in Kisumu's Kondele area.

However, Mr Imanyara, contacted by Saturday Nation, denied ever meeting Mrs Clinton. "I never met Mrs Clinton although I was schedule to meet her together with MPs Bonny Khalwale and Martha Karua but I missed because was standing in for the Speaker in Parliament," he said.

Mr Imanyara said only Dr Khalwale met Mrs Clinton as Ms Karua was out of the country. He said his Bill was different from that presented by Justice Minister Mutula Kilonzo. He said Mr Kilonzo's Bill had a lot of flaws and did not meet the international criteria and that was why it was rejected by MPs.

"Our Bill does not have any foreign influence and it is a result of reform minded MPs and civil society organisations," he said. Mr Imanyara said his Bill has received support from Mr Annan who is supporting the establishment of a local tribunal to try lesser offender while the ICC tries the masterminds.

Mr Odinga defended the government against claims that reforms were moving too slowly, saying that a lot of time had been spent on harmonizing the groups bought together in the grand coalition government. "Those who are talking about the slow pace of reforms do not know how difficult it is to unite two groups that were previously opposed to one another. That is why it has taken time," he said.

Mr Odinga said that the government was keen to implement reforms to avoid a repeat of the post election violence, and did not need to be forced by anybody. On the Kazi kwa Vijana (Jobs for Youth) programme, Mr Odinga said the scheme would resume next week after Treasury releases Sh8 billion.

He said the a delay by the Treasury in releasing the funds had cause hitches in the programme. Out of the Sh1.5 billion that had gone towards the first phase, only Sh500 million was paid out to the youth, while the rest was spent on procurement of tools and equipment.

Later, the PM presided over the groundbreaking ceremony for the construction of the SOS Kisumu Children Village at Riat Hills on the outskirts of Kisumu Town.

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posted by Mamadou Kouyate @ 5:35 PM