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Ocampo hits the lowest notes on kenyan violence…

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Rutashubanyuma, Dec 15, 2010.

  1. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    #1
    Dec 15, 2010
    Joined: Sep 24, 2010
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    OCAMPO HITS THE LOWEST NOTES ON KENYAN VIOLENCE…

    You may be familiar with the Kenyan violence unleashed on innocent blood following the announcement of the controversial verdict of presidential election. Under USA auspices, ex-UN boss Kofi Annan parched up a coalition government headed by Mwai Kibaki and his rival Raila Odinga.

    Those two principals were charged with the onus of overseeing impunity is brought to a screeching halt leading to a formation of Waki commission. This process was, however, flawed abinitio. It was tantamount of entreating an African Chief to rip off his own manhood for surmises of crimes leveled against him. However, Justice Phillip Waki himself was a subject of criminal investigations ensuing from president Kibaki's formation of a judicial tribunal.

    Justice Waki was cleared but his hands were already soiled. One needs to query whether Justice Waki was the right "Lord" to chaperon such a sensitive political commission.

    Uhuru Kenyatta's line of defense against his inclusion in the Waki's infamous list of the suspects aimed to indicate that the Waki commission never availed him the opportunity of being heard. Similar line of defense was pursued by William Ruto, both now at the centre of ICC indictments instigated by the Chief prosecutor at ICC. In both cases the constitutional court rejected those pleas on flimsy grounds that Waki was not issuing a verdict but he was merely raising allegations which will be sorted out during actual trials.

    These should have been warning shots for Ocampo that Kenyan courts were neither intimidated nor under the pockets of the duos, and hence Kenyan judicial system should not have been interrupted by the ICC whose mandate is constrained to failed judicial systems, of which Kenya is not. Yet Ocampo did not read these telltales, and accepted the Waki list handed over to him by Mr. Annan. Ocampo is on record denying the Waki report had anything to do with his findings, but is this not a case of closing the stable after the horses had left?

    For Ocampo his indictments are an epitome of double speak…………..on one hand he is dicey about issuing indictments against the main beneficiaries of the violence that is Mr. Kibaki and Raila on vexatious and frivolous scapegoats of lacking evidence. But by indicting their closest allies, Mr. Ocampo is directly or otherwise incriminating the two principals of being behind the juggernaut contretemps.

    But there is another serious mischief from Ocampo which needs further exposure………By naming the six suspects Ocampo is making a case of judicial system in Kenya has collapsed beyond repair, and yet he is refusing to apportion the criminal negligence blame on the two principals!!!!!!!!! I find that kind of doublespeak quite intolerable………………

    Ocampo must not be allowed to eat his cake and still claim he still has it………..Either the judicial system in Kenya is working and the ICC should allow it to sort out the legal imbroglio or the system has been put kibosh by the two principals, and it is them who should carry the can for their connivances not their able paws……………

    In this case, it is the ICC but not the six suspects who are in the dock…….will the ICC reminisce upon her main objectives or will it be swallowed by the urge of sensationalizing the prosecution weak case and permit it to disgrace the ICC's integrity?
     
  2. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    #2
    Dec 15, 2010
    Joined: Sep 24, 2010
    Messages: 61,342
    Likes Received: 476
    Trophy Points: 180
    Kenya election violence: ICC names suspects

    [​IMG] Some 1,200 people were killed in violence after the 2007 elections
    Continue reading the main story Related stories



    The prosecutor at the International Criminal Court (ICC) has named six high-profile Kenyans he accuses of being behind the violence that followed the disputed 2007 elections.
    Deputy PM and Finance Minister Uhuru Kenyatta, one of those named, immediately protested his innocence.
    Some 1,200 people died and more than 500,000 fled homes in the violence.
    In the peace deal that followed it was agreed perpetrators would face justice in Kenya or at the ICC in The Hague.
    Kenyan MPs have so far blocked moves to set up a local tribunal.
    On Monday, President Mwai Kibaki announced the government would launch its own investigation - a move his critics have denounced as an attempt to prevent suspects being sent to The Hague.
    But US President Barack Obama, whose own father was Kenyan, called on the country to cooperate with the ICC.
    "The path ahead is not easy, but I believe that the Kenyan people have the courage and resolve to reject those who would drag the country back into the past and rob Kenyans of the singular opportunity that is before them to realise the country's vast potential," he said.
    The violence broke out three years ago after Mr Kibaki's supporters were accused of trying to rig the presidential election.
    It ended when Mr Kibaki and his rival Raila Odinga agreed to share power, with Mr Odinga becoming prime minister.
    Degree of panic The ICC alleges a criminal plan was put in place in the Rift Valley for supporters of President Kibaki to be attacked after the election.
    ICC prosecutor Luis Moreno Ocampo said that in retaliation, police were given the green light to use excessive force and a vigilante group was organised to attack civilians.
    Continue reading the main story ICC Suspects

    [​IMG]
    Kibaki allies

    • Uhuru Kenyatta (above), deputy PM and finance minister
    • Francis Kirimi Muthaura, secretary to the cabinet
    • Mohammed Hussein Ali, former police chief
    Odinga allies

    • Henry Kosgey, minister for industrialisation
    • William Ruto, suspended education minister
    • Joshua Arap Sang, radio executive

    Mr Ocampo said: "These were not just crimes against innocent Kenyans. They were crimes against humanity."
    He has summoned higher education minister William Ruto (who is suspended amid corruption allegations), radio executive Joshua Arap Sang and Minister for Industrialisation Henry Kosgey on charges of murder, deportation, persecutions and torture, carried out on behalf of the former opposition.
    On President Kibaki's side, secretary to the cabinet Francis Kirimi Muthaura, former police chief Mohammed Hussein Ali and Mr Kenyatta, son of founding President Jomo Kenyatta, face charges of murder, deportation, persecutions and rape.
    Uhuru Kenyatta said: "My record is clear and it remains very clear that I have never committed any crime."
    The other five people named have also denied any involvement and say they are ready to face justice.
    Mr Ocampo said he did not have evidence to pursue charges against Mr Kibaki or Mr Odinga.
    "We follow the evidence where it takes us. We are not taking into account political responsibilities... there are political debates, but it is not my responsibility," Mr Ocampo said.
    [​IMG] Please turn on JavaScript. Media requires JavaScript to play.

    [​IMG]Click to play


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    Luis Moreno Ocampo: "According with our evidence, these six are the people most responsible"

    He said the six were the "most responsible" but there were "many others" that Kenya could decide to prosecute.
    Kenyan police have been put on alert in case the announcement sparks renewed clashes.
    President Kibaki issued a statement appealing for calm.
    He said the ICC process had only just begun and that until it had been completed any other calls for action to be taken against the six would be "against the rules of natural justice".
    Mr Kibaki again said he was "fully committed to the establishment of a local tribunal".
    Each of the six will be served with a court summons, but if they fail to turn up or if they attempt to hinder the investigation - for example by intimidating witnesses - Mr Ocampo says he will request arrest warrants.
    BBC East Africa correspondent Will Ross says in recent days there has been a degree of panic among some members of the usually untouchable political elite.
    Continue reading the main story Kenya's Post-Election Violence


    • Raila Odinga says he was cheated of victory in December 2007 poll by supporters of Mwai Kibaki
    • Protests led to violent clashes with police
    • Supporters of Odinga and Kibaki divided along ethnic lines
    • Nationwide revenge attacks sparked by long-standing land and economic disputes
    • 1,200 killed, 500,000 forced from their homes
    • Violence ended when Odinga and Kibaki agreed to share power
    • Thousands still living in camps
    • No-one charged in Kenya


    Most Kenyans feel these prosecutions are vital in order to undermine the deeply rooted culture of impunity, our correspondent says.
    The key question now is whether those accused will hand themselves over or be shielded by politicians and evade justice, he says.
    Church atrocity Kenya has had a series of violent elections, but the disputed poll in 2007 saw the country taken to the brink of civil war.
    There were revenge attacks, with long-standing ethnic and economic rivalries ignited by political divisions.
    Communities turned on each other with crude weapons as they were encouraged, and even paid, by power-hungry politicians, our correspondent says.
    One of the worst incidents saw a church where about 100 people had sought sanctuary set on fire, killing dozens of people inside.
    Weapons were put down only after former UN Secretary General Kofi Annan brokered a peace deal between the two presidential rivals.
     
  3. G

    Gad ONEYA JF-Expert Member

    #3
    Dec 15, 2010
    Joined: Oct 26, 2010
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    The bad thing about the list is that the vote thieves are therein!! Very disappointing.
     
  4. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    #4
    Dec 15, 2010
    Joined: Sep 24, 2010
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    Ruto, Muthaura, Kenyatta among the big Six for the Hague


    Updated 4 hr(s) 37 min(s) ago
    Related Stories

    [​IMG] It's the beginning of the end of impunity

    [​IMG] Police Commissioner Mathew Iteere Tuesday chaired a meeting of police commanders at his office in Nairobi. Mr Iteere sai

    [​IMG] Leaders read politics in Cabinet move on ICC, as others support it

    [​IMG] It's all about fighting impunity, healing

    [​IMG] Kenya called to make good solemn pledge to justice

    [​IMG] Candidates for The Hague-Kibaki speaks out


    By Online Team
    Uhuru Kenyatta, William Ruto, Francis Muthaura, Hussein Ali, Henry Kosgey and Joshua Sang are headed to the Hague. The six have been named today by ICC Chief prosecutor, Luis Moreno-Ocampo.
    To set the tone for the big announcement , Moreno-Ocampo on Tuesday not only released a statement bringing forward his announcement, initially set for 5pm East African time, by three hours, but also imposed five conditions those to be named must respect.
    The prosecutor also said he would want them to declare they would "surrender voluntarily".
    Locked up
    The stringent conditions are the tickets for freedom the suspects would enjoy, but if they breach them then ICC's response would be to arrest and have them locked up in its detention facility.
    Beside the summonses, which Moreno-Ocampo will be seeking against them, a breach of either or all of the conditions will be met with warrants or arrest.
    The conditions, which he wants enforced by the courts to the letter, demand that the suspects must:
    • Frequently update ICC on all their personal contact details and whereabouts;
    • Not make any personal contact with any of the other suspects, unless through their legal counsel to prepare their defense;
    • Not approach any perceived victims or witnesses of crimes;
    • Not attempt to influence or interfere with witness testimony;
    • Not to tamper with evidence or hinder the investigation; and
    • Not to commit new crimes.
    [​IMG]International Criminal Court Prosecutor Luis Mereno-Ocampo will file two applications for summons today in connection with Kenya's post-election violence. At left is his deputy Fatou Bensouda. [PHOTO: COURTESY/STANDARD]
    Possibly as a mark of his seriousness, as well as sign of the magnitude of the crimes facing the six Kenyans, Moreno-Ocampo said: "In addition, they must respond to all requests by ICC judges; they must attend all hearings when required, and post bond if the judges so instruct them. These conditions are strict. They are in accordance with the Rome Statute and ICC rules."

    He added: "Let me be clear. If the suspects do not comply with the conditions set by the Chamber, I will request arrest warrants. If there is any indication of bribes, intimidation or threats, I will request arrest warrants. I expect the suspects to indicate to the Chamber shortly their intention to surrender voluntarily."
    Most responsible
    He maintained those against whom he will be seeking summonses "are the most responsible for post-election violence."
    Coming hours after Cabinet's belated attempt to set up a local judicial trial mechanism for post-election suspects, whose failure opened Kenya's door to the ICC in the first place, this would now set the stage for Kenya's trickiest moment yet.
    First, that which Moreno-Ocampo's office styled as, "important announcement concerning the investigation in the Kenya situation" will keep Kenyans riveted on the proceedings of Pre-Trial Chamber II.
    The Chamber may grant or reject Moreno-Ocampo's submission for the prosecution of the suspects named in two separate cases.
    But even more pressing will be the burden it will thrust on President Kibaki and Prime Minister Raila Odinga to hand over the VIP suspects.
    They will also also grapple with the fact that for the duration of the hearing, those in Cabinet and holding other public offices, no matter how close to them, will have to step aside.
    Hours to what could be remembered as Kenya's date with destiny, which could send the careers of some Cabinet members, serving and former top public servants and security chiefs tumbling, Kenyans mulled over the possible ramification of what is coming.
    At the heart of the storm is the controversy around President Kibaki's second term, the cross-party approach taken by ICC, which spreads culpability for the violence across both wings of the Grand Coalition, and the possible implication it may have on the Kibaki Succession in 2012.
    From State House, Parliament, Government, and Private sector boardrooms, to the homes of ordinary Kenyans and those in Diaspora, as well as the international arena, eyes will be on the Moreno-Ocampo disclosure. KTN will relay the announcement live.
    Kenyans would also be watching how the Government, which on Monday agreed to form a local tribunal in reaction to the impending ICC cases, would react to the announcement.
    Political careers could be wrecked by the announcement that Moreno-Ocampo would make today, but this depends on whether he goes ahead to name the suspects or waits for the judges to confirm his case.
    Today, Kenyan leaders especially MPs, could be left ruing the day they shot down the Bill seeking to establish a local special tribunal.
    Others claimed The Hague was the better options as it could take years to begin, leave alone conclude its hearings.
    But apart from human rights groups and civil societies who have been seeking justice for the victims, those who were either displaced, dispossessed, or bereaved during the violence will also be looking out to see if their tormentors would finally face justice.
    Source of evidence
    Supporters and families of those on Moreno-Ocampo's list will also be watching to see if they would get a fair hearing, and the source of evidence against them.
    The road to The Hague has been long and many times tested the patience of Kenyans; especially as the debate was rocked by political overtones and threats of instability should ICC act.
    It started on July 9, 2008, when former United Nations Secretary General, Kofi Annan, who mediated Kenya's peace process, handed over an envelope to Moreno-Ocampo containing the names of suspects.
    The envelope came from Justice Phillip Waki's Commission, which investigated post-election violence.
    The Waki Commission proposed a special tribunal to try persons bearing the greatest responsibility for crimes against humanity committed during the violence.
    Local process
    It was against this backdrop that the push for a local judicial process began with Kibaki and Raila signing an agreement to start the process.
    On Monday ten MPs, allied to Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto, claimed the ICC process "has been politically manipulated", and that it would not "ensure justice to the victims".
    Led by Ndaragwa MP Jeremiah Kioni, the MPs said they would sponsor a Motion in Parliament "to discuss the ICC process", and also explore the possibility of resuscitating a Bill that sought to establish a special local tribunal to try the suspects.
    Then on Monday also, President Kibaki called a crisis Cabinet meeting that resolved to form a local tribunal to try post-election violence.
    Though it was not stated in the statement from the Presidential Press Service, analysts believe the move is expected to influence the ICC case.
     
  5. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    #5
    Dec 15, 2010
    Joined: Sep 24, 2010
    Messages: 61,342
    Likes Received: 476
    Trophy Points: 180
    Ruto, Muthaura, Kenyatta among the big Six for the Hague


    Updated 4 hr(s) 37 min(s) ago
    Related Stories

    [​IMG] It's the beginning of the end of impunity

    [​IMG] Police Commissioner Mathew Iteere Tuesday chaired a meeting of police commanders at his office in Nairobi. Mr Iteere sai

    [​IMG] Leaders read politics in Cabinet move on ICC, as others support it

    [​IMG] It’s all about fighting impunity, healing

    [​IMG] Kenya called to make good solemn pledge to justice

    [​IMG] Candidates for The Hague-Kibaki speaks out


    By Online Team
    Uhuru Kenyatta, William Ruto, Francis Muthaura, Hussein Ali, Henry Kosgey and Joshua Sang are headed to the Hague. The six have been named today by ICC Chief prosecutor, Luis Moreno-Ocampo.
    To set the tone for the big announcement , Moreno-Ocampo on Tuesday not only released a statement bringing forward his announcement, initially set for 5pm East African time, by three hours, but also imposed five conditions those to be named must respect.
    The prosecutor also said he would want them to declare they would "surrender voluntarily".
    Locked up
    The stringent conditions are the tickets for freedom the suspects would enjoy, but if they breach them then ICC’s response would be to arrest and have them locked up in its detention facility.
    Beside the summonses, which Moreno-Ocampo will be seeking against them, a breach of either or all of the conditions will be met with warrants or arrest.
    The conditions, which he wants enforced by the courts to the letter, demand that the suspects must:
    • Frequently update ICC on all their personal contact details and whereabouts;
    • Not make any personal contact with any of the other suspects, unless through their legal counsel to prepare their defense;
    • Not approach any perceived victims or witnesses of crimes;
    • Not attempt to influence or interfere with witness testimony;
    • Not to tamper with evidence or hinder the investigation; and
    • Not to commit new crimes.
    [​IMG]International Criminal Court Prosecutor Luis Mereno-Ocampo will file two applications for summons today in connection with Kenya’s post-election violence. At left is his deputy Fatou Bensouda. [PHOTO: COURTESY/STANDARD]
    Possibly as a mark of his seriousness, as well as sign of the magnitude of the crimes facing the six Kenyans, Moreno-Ocampo said: "In addition, they must respond to all requests by ICC judges; they must attend all hearings when required, and post bond if the judges so instruct them. These conditions are strict. They are in accordance with the Rome Statute and ICC rules."

    He added: "Let me be clear. If the suspects do not comply with the conditions set by the Chamber, I will request arrest warrants. If there is any indication of bribes, intimidation or threats, I will request arrest warrants. I expect the suspects to indicate to the Chamber shortly their intention to surrender voluntarily."
    Most responsible
    He maintained those against whom he will be seeking summonses "are the most responsible for post-election violence."
    Coming hours after Cabinet’s belated attempt to set up a local judicial trial mechanism for post-election suspects, whose failure opened Kenya’s door to the ICC in the first place, this would now set the stage for Kenya’s trickiest moment yet.
    First, that which Moreno-Ocampo’s office styled as, "important announcement concerning the investigation in the Kenya situation" will keep Kenyans riveted on the proceedings of Pre-Trial Chamber II.
    The Chamber may grant or reject Moreno-Ocampo’s submission for the prosecution of the suspects named in two separate cases.
    But even more pressing will be the burden it will thrust on President Kibaki and Prime Minister Raila Odinga to hand over the VIP suspects.
    They will also also grapple with the fact that for the duration of the hearing, those in Cabinet and holding other public offices, no matter how close to them, will have to step aside.
    Hours to what could be remembered as Kenya’s date with destiny, which could send the careers of some Cabinet members, serving and former top public servants and security chiefs tumbling, Kenyans mulled over the possible ramification of what is coming.
    At the heart of the storm is the controversy around President Kibaki’s second term, the cross-party approach taken by ICC, which spreads culpability for the violence across both wings of the Grand Coalition, and the possible implication it may have on the Kibaki Succession in 2012.
    From State House, Parliament, Government, and Private sector boardrooms, to the homes of ordinary Kenyans and those in Diaspora, as well as the international arena, eyes will be on the Moreno-Ocampo disclosure. KTN will relay the announcement live.
    Kenyans would also be watching how the Government, which on Monday agreed to form a local tribunal in reaction to the impending ICC cases, would react to the announcement.
    Political careers could be wrecked by the announcement that Moreno-Ocampo would make today, but this depends on whether he goes ahead to name the suspects or waits for the judges to confirm his case.
    Today, Kenyan leaders especially MPs, could be left ruing the day they shot down the Bill seeking to establish a local special tribunal.
    Others claimed The Hague was the better options as it could take years to begin, leave alone conclude its hearings.
    But apart from human rights groups and civil societies who have been seeking justice for the victims, those who were either displaced, dispossessed, or bereaved during the violence will also be looking out to see if their tormentors would finally face justice.
    Source of evidence
    Supporters and families of those on Moreno-Ocampo’s list will also be watching to see if they would get a fair hearing, and the source of evidence against them.
    The road to The Hague has been long and many times tested the patience of Kenyans; especially as the debate was rocked by political overtones and threats of instability should ICC act.
    It started on July 9, 2008, when former United Nations Secretary General, Kofi Annan, who mediated Kenya’s peace process, handed over an envelope to Moreno-Ocampo containing the names of suspects.
    The envelope came from Justice Phillip Waki’s Commission, which investigated post-election violence.
    The Waki Commission proposed a special tribunal to try persons bearing the greatest responsibility for crimes against humanity committed during the violence.
    Local process
    It was against this backdrop that the push for a local judicial process began with Kibaki and Raila signing an agreement to start the process.
    On Monday ten MPs, allied to Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto, claimed the ICC process "has been politically manipulated", and that it would not "ensure justice to the victims".
    Led by Ndaragwa MP Jeremiah Kioni, the MPs said they would sponsor a Motion in Parliament "to discuss the ICC process", and also explore the possibility of resuscitating a Bill that sought to establish a special local tribunal to try the suspects.
    Then on Monday also, President Kibaki called a crisis Cabinet meeting that resolved to form a local tribunal to try post-election violence.
    Though it was not stated in the statement from the Presidential Press Service, analysts believe the move is expected to influence the ICC case.
     
  6. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    #6
    Dec 15, 2010
    Joined: Sep 24, 2010
    Messages: 61,342
    Likes Received: 476
    Trophy Points: 180
    Leaders read politics in Cabinet move on ICC, as others support it


    Updated 22 hr(s) 41 min(s) ago
    Related Stories

    [​IMG] Let ICC naming be call to nationhood

    [​IMG] Police Commissioner Mathew Iteere Tuesday chaired a meeting of police commanders at his office in Nairobi. Mr Iteere sai

    [​IMG] Ocampo statement has tough implications

    [​IMG] It's all about fighting impunity, healing

    [​IMG] Kenya called to make good solemn pledge to justice

    [​IMG] [​IMG] ICC preparations


    By BEAUTTAH OMANGA
    Scores of Kenyans have expressed shock over what could have informed Cabinet's change of heart on trials of post-election violence suspects.
    The Cabinet, under the leadership of President Kibaki and Prime Minister Raila Odinga, now prefers a local special tribunal to try the suspects rather than the International Criminal Court at The Hague.
    Yesterday, Imenti Central MP Gitobu Imanyara downplayed the Cabinet decision dismissing it as geared at shielding influential personalities likely to be indicted. The Cabinet snubbed Parliament twice when Imanyara tabled a Bill to create a local tribunal last year.
    But Justice Minister Mutula Kilonzo says the Cabinet is on the right track to put in place mechanisms through which those who will not be traced and prosecuted by ICC prosecutor Luis Moreno-Ocampo will be dealt with locally.
    Different Bills, same issue
    The two traded accusations against each other yesterday over whose Bill should be taken seriously after they told journalists at Parliament they were almost ready with different Bills on the issue.
    Imanyara, whose Special Tribunal for Kenya Bill is pending in the House, said he would revive it and has already approached the Clerk of the National Assembly Patrick Gichohi to pass his intention to the House Business Committee.
    Mutula said he was busy consulting relevant authorities on how best to originate a Bill to seek establishment of a local tribunal, as Imanyara dismissed him as a non-reformer.
    Earlier Mutula had defended the Cabinet's lack of commitment to the initial Imanyara Bill, arguing it failed to meet thresholds of a special tribunal that would be acceptable to the international community.
    Moments later, Imanyara reacted, claiming: "Mutula has never shown any commitment to serious reforms and he cannot fault my Bill, which has the input of professionals and the human rights. If the minister is serious, he should be in the House to support my Bill."
    At the same time, Law Society of Kenya through Secretary Apollo Mboya supported the President and the PM's change of heart, terming it a great move for thousands who were offended.
    Zero Effect on ICC process
    But lawyer Paul Muite claims the change of heart was suspect. He said the country's leadership was more interested in saving the suspects at the expense of the victims. Muite said setting up of a local tribunal would have a zero effect to what the ICC has commenced.
    Imanyara said Kibaki and Raila were acting too late and wondered what informed their decision.
    "They ought to tell Kenyans why they see the need now when they failed to rally their troops when I tabled a Bill in the House over the same tribunal," said Imanyara.
    Leaders The Standard spoke to claimed the change of heart was informed by the fact that key leaders in PNU and ODM were likely to face the ICC prosecution.
    "Being politicians, Kibaki and Raila have just realised The Hague might leave them to carry the blame because they were the reason for which the chaos broke out," said an MP on condition of anonymity.
    On Monday the Government grappled to find the right response to today's court appearance at The Hague where election violence suspects will be named.
    Anticipated demos
    A heated Cabinet meeting resulted in a statement assuring the public of security. It also put the Government behind efforts to revive local trials of chaos suspects.
    Police also said some MPs were rallying supporters to demonstrate as soon as certain political figures are named in the Moreno-Ocampo list of six.
    Perhaps that was why the Government put police commanders across the country on alert in anticipation of the demonstrations. They have also been ordered to be restrained in the use of live bullets and allow peaceful demonstrations, police spokesman Eric Kiraithe said.
     
  7. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    #7
    Dec 15, 2010
    Joined: Sep 24, 2010
    Messages: 61,342
    Likes Received: 476
    Trophy Points: 180
    Leaders read politics in Cabinet move on ICC, as others support it


    Updated 22 hr(s) 41 min(s) ago
    Related Stories

    [​IMG] Let ICC naming be call to nationhood

    [​IMG] Police Commissioner Mathew Iteere Tuesday chaired a meeting of police commanders at his office in Nairobi. Mr Iteere sai

    [​IMG] Ocampo statement has tough implications

    [​IMG] It’s all about fighting impunity, healing

    [​IMG] Kenya called to make good solemn pledge to justice

    [​IMG] [​IMG] ICC preparations


    By BEAUTTAH OMANGA
    Scores of Kenyans have expressed shock over what could have informed Cabinet’s change of heart on trials of post-election violence suspects.
    The Cabinet, under the leadership of President Kibaki and Prime Minister Raila Odinga, now prefers a local special tribunal to try the suspects rather than the International Criminal Court at The Hague.
    Yesterday, Imenti Central MP Gitobu Imanyara downplayed the Cabinet decision dismissing it as geared at shielding influential personalities likely to be indicted. The Cabinet snubbed Parliament twice when Imanyara tabled a Bill to create a local tribunal last year.
    But Justice Minister Mutula Kilonzo says the Cabinet is on the right track to put in place mechanisms through which those who will not be traced and prosecuted by ICC prosecutor Luis Moreno-Ocampo will be dealt with locally.
    Different Bills, same issue
    The two traded accusations against each other yesterday over whose Bill should be taken seriously after they told journalists at Parliament they were almost ready with different Bills on the issue.
    Imanyara, whose Special Tribunal for Kenya Bill is pending in the House, said he would revive it and has already approached the Clerk of the National Assembly Patrick Gichohi to pass his intention to the House Business Committee.
    Mutula said he was busy consulting relevant authorities on how best to originate a Bill to seek establishment of a local tribunal, as Imanyara dismissed him as a non-reformer.
    Earlier Mutula had defended the Cabinet’s lack of commitment to the initial Imanyara Bill, arguing it failed to meet thresholds of a special tribunal that would be acceptable to the international community.
    Moments later, Imanyara reacted, claiming: "Mutula has never shown any commitment to serious reforms and he cannot fault my Bill, which has the input of professionals and the human rights. If the minister is serious, he should be in the House to support my Bill."
    At the same time, Law Society of Kenya through Secretary Apollo Mboya supported the President and the PM’s change of heart, terming it a great move for thousands who were offended.
    Zero Effect on ICC process
    But lawyer Paul Muite claims the change of heart was suspect. He said the country’s leadership was more interested in saving the suspects at the expense of the victims. Muite said setting up of a local tribunal would have a zero effect to what the ICC has commenced.
    Imanyara said Kibaki and Raila were acting too late and wondered what informed their decision.
    "They ought to tell Kenyans why they see the need now when they failed to rally their troops when I tabled a Bill in the House over the same tribunal," said Imanyara.
    Leaders The Standard spoke to claimed the change of heart was informed by the fact that key leaders in PNU and ODM were likely to face the ICC prosecution.
    "Being politicians, Kibaki and Raila have just realised The Hague might leave them to carry the blame because they were the reason for which the chaos broke out," said an MP on condition of anonymity.
    On Monday the Government grappled to find the right response to today’s court appearance at The Hague where election violence suspects will be named.
    Anticipated demos
    A heated Cabinet meeting resulted in a statement assuring the public of security. It also put the Government behind efforts to revive local trials of chaos suspects.
    Police also said some MPs were rallying supporters to demonstrate as soon as certain political figures are named in the Moreno-Ocampo list of six.
    Perhaps that was why the Government put police commanders across the country on alert in anticipation of the demonstrations. They have also been ordered to be restrained in the use of live bullets and allow peaceful demonstrations, police spokesman Eric Kiraithe said.
     
  8. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    #8
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  9. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    #9
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  10. G

    Gad ONEYA JF-Expert Member

    #10
    Dec 15, 2010
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    African citizens can't fight impunity alone against the big men in power! This move is one worth exalting.
     
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