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Kikwete and support of Kenya to defer the case at the hague!?

Discussion in 'Jukwaa la Siasa' started by Geza Ulole, Jan 29, 2011.

  1. G

    Geza Ulole JF-Expert Member

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    Jan 29, 2011
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    Kenya wins round one as AU buys motion
    Published on
    By Lucianne Limo
    The African Union has successfully begun the process of seeking to defer the cases filed at the International Criminal Court (ICC) against six Kenyans.
    The AU Council of ministers unanimously adopted Kenya’s Motion seeking support for a deferral of the cases filed by ICC Prosecutor Luis Moreno-Ocampo.
    President Kibaki’s task of seeking the approval of fellow heads of government will therefore be a mere formality when he arrives in Addis-Ababa for the 16th AU summit this afternoon.
    The ministers voted on Friday in Addis Ababa where they are meeting ahead of a summit of heads of state scheduled to start on Sunday.
    The proposal was moved by Tanzania and got full backing from the ministers present, among them Kenya’s acting Foreign Affairs Minister George Saitoti.
    President Kibaki jets leaves for Ethiopia this afternoon for the meeting where he will ask for support from other heads of state.
    Reacting to the council of ministers decision Njonjo Mue of International Centre for Transitional Justice said it is unfortunate Kenya has opted to go that way.
    "It’s now up to the heads of state to debate the motion and either adopt or reject it during their summit on Sunday," said Njonjo
    Njonjo said the ICC has always been open for Kenya to challenge the admissibility of their case through legal means and not through the political process.
    The ministers ignored Addis Ababa where they are meeting ahead of a summit of heads of state scheduled to start on Sunday.
    The proposal was moved by Tanzania and got full backing from the ministers present, among them Kenya’s acting Foreign Affairs Minister George Saitoti.
    President Kibaki jets leaves for Ethiopia this afternoon for the meeting where he will ask for support from other heads of state.
    Reacting to the council of ministers decision Njonjo Mue of International Centre for Transitional Justice said it is unfortunate Kenya has opted to go that way.
    "It’s now up to the heads of state to debate the motion and either adopt or reject it during their summit on Sunday," said Njonjo
    Njonjo said the ICC has always been open for Kenya to challenge the admissibility of their case through legal means and not through the political process.
    The ministers ignored attempts by Christian Wenaweser, president of the Assembly of State Parties to the Rome Statute, to redirect the issues to the ICC.
    He spent two days in Ethiopia convincing the AU Commission to deal directly with the ICC instead of seeking the deferral though the UN Security Council.
    He then came to Nairobi, where he said that Kenya was wasting time by trying to lobby the African Union instead of dealing with the ICC.
    But despite his confidence, it has emerged that ICC officials are afraid that the Kenyan approach could lead to a mass pull out from the Rome Statute by African states.
    Currently, apart from the Yugoslavia case, all other cases being handled by the court are from the African continent.
    Countries like the USA did not ratify the Statute and African countries complain that they should be forced to retain their membership.
    Vice-President Kalonzo Musyoka has visited many African countries lobbying for the support of leaders who will be attending the Addis-Ababa meeting.
    It should not be lost that he also visited South Africa, a country elected by the 192 member UN General Assembly to one of the two-year seats on the UN Security Council in October last year.
    It is therefore expected that South Africa will be pushing for the Kenya case as an AU proposal when the motion comes up at the Security Council.
    Political problem
    Article 16 of the Rome Statute recognises Chapter 7 of the Charter for the United Nations and designates the Security Council as the only organ that can seek deferral during either investigation or prosecution.
    Kenya is arguing that what transpired in 2008 was a political problem, which can be sorted out locally without the involvement of the ICC or any other foreign jurisdiction.
    On Friday, the Government assured Wenaweser that Kenya was still a member of ICC, but was willing to establish local mechanisms to try perpetrators of violence.
    President Kibaki assured him of Kenya’s commitment to establishing national judicial proceedings for post-poll violence suspects.
    "Kenya has taken and will continue to implement measures to establish national judicial mechanisms to deal with and try post-election violence suspects within the framework of our Constitution and the Rome Statute under the principle of complementarity," said Kibaki.
    The Government, the President noted, has prepared Bills, including the Judicial Service Bill 2011, the Vetting of Judges and Magistrates Bill 2011, and for Bills to be tabled in Parliament to reform the Judiciary, the Police and the Office of the Director of Public Prosecutions.
    The President briefed Wenaweser that actions that have been taken by the Government in respect of post-election violence are in compliance with the Rome Statute.
    The meeting also acknowledged that pursuit of justice should be seen in the context of peace, national cohesion, reconciliation and respect for national dignity and sovereignty, as statement from State House read.
    Wenaweser expressed his appreciation of Kenya’s continued co-operation with the ICC, including the enactment of enabling and implementing legislation, which is the International Crime Act.
    Justice Minister Mutula Kilonzo, Lands Minister James Orengo, Attorney General Amos Wako and Foreign Affairs Assistant Minister Richard Onyonka attended the meeting.
    Wenaweser later held a press conference at the Hilton Hotel where he acknowledged he had received a positive response from the President.
    Wenaweser said he had received commitment by the Government that it would set up local mechanism to investigate and prosecute post-election violence.
    Diplomatic missions
    He, however, challenged the Government to convince the ICC it is capable of establishing a local mechanism to prosecute international crimes locally instead of doing shuttle diplomacy.
    "I encouraged the Government that if there is a genuine and effective proceedings in Kenya, then they should be convince the court in The Hague," he said.
    He added: "Kenya should make a case in court and if the judges are convinced that the Government is willing to do investigations, then they will act accordingly."
    "This is the main philosophy of the Rome statues that states investigate their own crimes as long as they establish a credible and effective judicial proceedings, which is a spirit of complementarity," he said.
    He, however, said his visit would only be seen as successful once he gets written communication from the Government at The Hague on its commitment.
    Wenawesser lamented that the diplomatic missions carried out by Government officials across Africa would create political pitfalls.
    http://www.standardmedia.co.ke/print.php?id=2000027788&cid=4


    MY TAKE
    I am so disappointed with the role our government plays on Kenya's politics without our consent! Kenya has just had a new constitution and ICC is trying to held accountable the instigators of the 2007 post election aftermath! Who doesn't know justice won't be carried out with a local tribunal in Nairobi? Kikwete and Membe, i am sick of your bogus habit, you should support ICC

     
  2. VUVUZELA

    VUVUZELA JF-Expert Member

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    Nchi yake inamshinda ataweza kwengine?
     
  3. Kinyambiss

    Kinyambiss JF-Expert Member

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    This is an interesting position. But the AU generally suffers from an inferiority complex, wherein they seek to undermine any human rights led activities of their rather hypocritical Bigger Brother (the West collectively). The US doesnt even recognise the jurisdiction of the ICC. The EU states do because they have massacred enough of each other over the years. However people like Tony BLair should clearly be under arrest right now but, and so the hypocrisy.

    The AU should be acting to empower the African Court of Human Rights and to enforce a universal charter of Human rghts (with fines, sanctions, political and economic isolation) so that the African man, woman and child may finally receive the rights that they have long been denied first by the Arabs, then the Europeans and now finally by their own dictators and 'democratic leaders'.

    We as Africans must learn to seek out and uphold the wellbeing of our own people, only then could be be strong enough to counter the West and Asia, because we have the resources and we should be getting a good deal for them...

    Our leaders are small minded and that is the result... Supporting the killing of children just to piss off the West, and then we complain they treat Africa like a dumb teenager.. Ask yourself
     
  4. Susuviri

    Susuviri JF-Expert Member

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    Jan 30, 2011
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    There should be an open voting and all votes shown, ie. if Tanzania politicians voted for Kenya withdrawal of ICC then we hold the government accountable and tell them "not in our name!" I think that the next AU meeting of heads of states will have a different make up as we take cue from Tunisia.
    But I would also remind everyone that Kikwete and the Kibaki govt go a long way back including the role of Tanzania in helping Kibaki 'steal votes' and later 'mediate' a phony 'coalition'. So it is not surprising. But also I think that Kikwete is aware that the ender is nigh!
     
  5. G

    Geza Ulole JF-Expert Member

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    two wrongs don't make make a right
     
  6. G

    Geza Ulole JF-Expert Member

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    Jan 30, 2011
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    well don't count on "mad dogs of Africa" that rule us! FYI they have just overruled the military option to overthrow Gbagbo! so NAY isn't certainly!
     
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