Kenya Cornered: The ICC Debacle Unfolds

[Ab-Titchaz]

It seems the Ghost of Kenya's 2007 elections is not going away.

KENYA CORNERED

President Kibaki and Prime Minister Raila Odinga during the signing of the National Peace Accord on February 28, last year. Mr Annan has handed over the secret list to ICC prosecutor, Mr Luis Moreno-Ocampo

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By BERNARD NAMUNANE
Posted Thursday, July 9 2009 at 19:29


Kenya’s attempts to delay punishment of top suspects accused of crimes against humanity on Thursday backfired after chief mediator Kofi Annan abruptly handed over the secret list to the International Criminal Court.

What started as recommendations for the formation of a commission of inquiry into the violence following the presidential election in 2007 is now formally an international judicial matter and Kenya’s options have all but ended.

Irritated by the deadlines set by the Panel of Eminent African Personalities, which brokered a deal to end the violence last year, the government sent a delegation to Mr Annan and later to negotiate directly with the prosecutor at the ICC, Mr Luis Moreno-Ocampo.

The reception in Europe was far from warm. Mr Annan thought Kenyan lacked the political will to punish the perpetrators of the violence.

His advice was for the leaders to speak to Mr Moreno-Ocampo first and then he would communicate his decision.

He summoned the other members of the panel of Eminent African Personalities, Mr Benjamin Mkapa of Tanzania and Ms Graça Machel of South Africa and they decided to hand over the list of suspects to the International Criminal Court.

His “communication” on Thursday caught everyone by surprise and threw the government into a panic.

Both the Party of National Unity and the Orange Democratic Movement have paid lip service to the need to end impunity without real commitment to punishment for crimes against humanity.

ODM, according to a party apparatchik, is “focusing on... the officials who were in charge when innocent people were killed by police.”

The feeling in ODM is that more of PNU people stand to be prosecuted than its own.

The dossier it sent to the International Criminal Court in January last year consisted of evidence of murder by the State, including postmortem reports showing that victims had been shot.

On the other hand, PNU appears to believe that the bloody crackdown on protesters was a law and order issue, which is necessary to preserve the state, and that the Mungiki slaughter in Naivasha and elsewhere was “spontaneous” retaliation for killings and mass evictions reported in the Rift Valley and elsewhere. In other words, ODM started it.

Source: DAILY NATION

 

[Ab-Titchaz]

Annan sends Kenya list to the ICC

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NAIROBI, Kenya, Jul 9 - Former UN chief Kofi Annan has now sent the envelope containing the list of post poll violence perpetrators to prosecutor at the International Criminal Court at The Hague.

Capital News has learnt that Annan dispatched the secret list to Luis Moreno Ocampo following his meetings with Kenyan officials in Geneva recently.

He said his action follows talks he held with government officials led by Justice Minister Mutula Kilonzo, Lands Minister James Orengo and Attorney General Amos Wako last week.

Mr Annan says in a dated July 9 to Prime Minister Raila Odinga: “I wish to inform you that the Panel of Eminent African Personalities has handed over to the Prosecutor of the International Criminal Court, the sealed envelope and supporting materials entrusted to me by the Waki Commission on 17th October 2008.”

The chief mediator further avers: “I have written in similar terms to President Kibaki.” More....​

 

[Ab-Titchaz]

Jitters in govt over Annan move

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BY LABAN WANAMBISI & ANNE KIGUTA

NAIROBI, Kenya Jul 9- Dr. Kofi Annan has sent the government into panic after handing over the list of key post election violence suspects to the International Criminal Court (ICC).

News that the envelope sits on the desk of ICC Prosecutor Luis Moreno Ocampo, left the government unable to explain to journalists Mr Annan's surprise move on Thursday.

It was a surprise because when Dr Annan met senior government officials in Geneva last week, a meeting that was followed by talks between the same officials and Mr Ocampo, it was expected that some understanding had been reached to suspend sending the names to The Hague.

And after the story of 'the envelope and The Hague' broke Thursday morning, President Mwai Kibaki and Prime Minister Raila Odinga held a three hour crisis meeting with the team that went to Geneva to meet the Chief Mediator apparently to come up with a way forward on the issue.

The team was led by Justice Minister Mutula Kilonzo.

When the same group including Lands Minister James and Attorney General Amos Wako went to the Netherlands it was agreed that Kenya had had a year to set up a special tribunal or any other judicial mechanisms to deal with the post poll offenders.

And so even after Mr Annan's decision on Thursday, Mr Kilonzo told a hurriedly convened press conference that the government was still clinging to the deal with the ICC on post poll offenders.

“Under the circumstances and arising from the briefing, the government confirms that it will carry out the term of the agreement with the prosecutor of the ICC Mr. Luis Moreno Ocampo and the implementation of the recommendations of the (Waki) report,” he said.

He also said the government was already abiding by the new ICC deal and had already dispatched reports on the current status of post poll related cases to The Hague.

The dispatch, which Mr Ocampo was to receive by September, included a copy of the Witness Protection Act regulations as well as steps taken to set up the Witness Protection Unit.

“An updated report on the status of the investigations and prosecutions will be provided to the ICC in due course. The government is working on a draft constitutional amendment bill on an independent tribunal to deal with crimes within the frame work of the Rome Statute,” the minister said.

Part of the deal with Mr Ocampo states that should Kenya deal with the post poll offenders through genuine proceedings, the ICC would no longer have grounds to intervene in the Kenya matter.

Mr Mutula’s press briefing was also attended by Mr Orengo, the A.G and Principal Administrative Secretary to the Cabinet Sam Mwale. They walked out of the conference room refusing to answer journalists’ questions.

.: Capital News :.​

 

[MwanaFalsafa1]

I commend Koffi Annan and the panel of Eminent African Personalities on this move. Tumechoka back door negotiations by politicians who do their best to hide their sins. By the way are any names from the list public?

 

[Ab-Titchaz]

Kenya MPs back Annan ICC move

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BY ANTHONY KAGIRI

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NAIROBI, Kenya, July 9 - Kenyan Members of Parliament have lauded former UN Chief Kofi Annan for handing over the list of suspected post election violence perpetrators to the International Criminal Court (ICC).

Hours after Mr Annan informed Kenyan authorities of his decision, the MPs welcomed the decision saying the move would offer an opportunity for the ICC to carry out independent and credible investigations.

Alongside the list of a handful masterminds and financiers, Mr Annan also handed over supporting materials that were given to him last October by Justice Philip Waki.

"It is proper for the prosecutor at The Hague to first ascertain that the evidence presented by Justice Waki is credible before going ahead to make the names public," Konoin legislator Julius Kones who has been advocating for prosecutions at The Hague, said.

On his part Dujis MP Adan Duale said it was time the perpetrators of last year's post-election violence to face justice at an international forum.

"Nobody should panic. This is the best and only way we are going to have a fair investigation. It is just to the victims and the accused," Mr Duale said.

Other MPs said it had been unfair for Mr Annan to have kept the secret envelop for an indefinite period, as the political class appeared unwilling to deal with the injustices that were committed.

"The ultimatums we have been getting from Mr Annan were in bad taste. We do not want a situation in which one individual in the name of being a friend to Kenya feels he can make everyone think the way he wants," said Wajir West MP Adan Keynan.

However lawmakers Mutava Musyimi and John Mututho were sceptical that the decision to send the suspects to The Hague was the best, and warned it could polarise the country even more.

Rev Musyimi said that prosecution of the suspects would achieve the goal of ending impunity but could in turn compromise efforts to re-unite the country.

"My own concern is that whether we go to The Hague or establish the local Tribunal, will we have a country reconciled enough?" Rev Musyimi posed.

Mr Mututho on the other hand said the country should forget both the local Tribunal and ICC options and work on securing unity.

"If you arrest one of the few national leaders there will be disturbances. Let us sit down, forgive each other and control this mess," he recommended.

The two MPs also proposed that the government should focus on the Truth Justice and Reconciliation Commission to unite the country.

President Mwai Kibaki and Prime Minister Raila Odinga have been advocating for a local solution to the crisis but their attempts have been met with resistance from a large section of MPs.

Justice Minister Mutula Kilonzo had indicated that he was in the process of coming up with a hybrid judicial mechanism to deal with impunity in the country.

At least 1,333 people were killed while 350,000 others displaced from their homes during the violence that was sparked by the disputed 2007 presidential election result.

.: Capital News :.

 

[Ab-Titchaz]

I commend Koffi Annan and the panel of Eminent African Personalities on this move. Tumechoka back door negotiations by politicians who do their best to hide their sins. By the way are any names from the list public?

MwanaFalsafa1,

Me too I commend Koffi for this move maana hawa jamaa walikua
washaanza zile delaying tactics zao. Kwa ufupi they had all intentions
of dragging this thing mpaka the next elections in 2012.

Majina katika hio list hayajawekwa public lakini prime suspects
wanajulikana and its just a matter of time.Nasikia Uhuru Kenyatta
is featuring prominently among others.

 

[Ab-Titchaz]

Huyu ndiye Prosecutor mkuu...

Mr Luis Moreno-Ocampo, the ICC chief prosecutor at the Hague, said he would intervene if Kenyan authorities failed to investigate and prosecute people suspected to have sponsored the post election violence last year
​

Ocampo itching to prosecute Kenyans​

 

[Jasusi]

MwanaFalsafa1,

Me too I commend Koffi for this move maana hawa jamaa walikua
washaanza zile delaying tactics zao. Kwa ufupi they had all intentions
of dragging this thing mpaka the next elections in 2012.

Majina katika hio list hayajawekwa public lakini prime suspects
wanajulikana and its just a matter of time.Nasikia Uhuru Kenyatta
is featuring prominently among others.

And this guy is being groomed as a future president? Incredible!

 

[Dilunga]

ICC haina meno, wameshindwa kufanya lolote pale Africa ilipotangaza hawatamkamata Bashir wa Sudan japo wanatakiwa kumkamata akitembelea nchi zao kwa mujibu wa sheria za ICC kwa walio saini kujiingiza.

Wa Magharibiri, walioshikilia hii ICC, wanajua maana ya usawa mbele ya sheria, sidhani watadiriki kumkamata muafrika mwingine yeyote, wameshindwa kushinikia Bashir akamatwe. Watakua ndumilakuwili, wanafiki, weak.

 

[Ab-Titchaz]

ICC haina meno, wameshindwa kufanya lolote pale Africa ilipotangaza hawatamkamata Bashir wa Sudan japo wanatakiwa kumkamata akitembelea nchi zao kwa mujibu wa sheria za ICC kwa walio saini kujiingiza.

Wa Magharibiri, walioshikilia hii ICC, wanajua maana ya usawa mbele ya sheria, sidhani watadiriki kumkamata muafrika mwingine yeyote, wameshindwa kushinikia Bashir akamatwe. Watakua ndumilakuwili, wanafiki, weak.

Dilunga,

Contrary to what you think, Kenya has an image to
uphold na kwa hivyo kwao hii kitu ni big deal. Kumbuka
kua wakitishiwa kunyimwa visa za kusafiri ulaya hua
wananyoroka haraka. Raia wa kawaida wanataka ICC
wa-takeover hii prosecution process maana mahakama
za Kenya ziko compromised through political appointments.

 

[Ab-Titchaz]

And this guy is being groomed as a future president? Incredible!

It makes you wonder in disgust.

 

[Smatta]

It makes you wonder in disgust.

Niaje AB,
Its definite that Uhuru is in the list (especially because of his link with Mungiki), and seems he cares less about the so called list, its true that the young man is being groomed to be the future president, but his prospects of being the prezz are as slim as smatta going home on a Friday sober.

 

[kayundi2]

Though Kenya has been the East Africa economic and political heavyweight,of late it seems things are working against it.From Obama's snub to visit Nairobi,now comes the more excite Moreno Ocampo-The ICC Prosecutor.We knew that political begwigs were blaming themselves for having signed the National blindfold........but actually the reality is deeming in.

Am very worried that Kenya's great stature in the continent and indeed in the world will diminish when this monster will finally dawn out at the Hague.And unknown to many kenyan's,hague will not end impunity unless if it will transform itself into a kangaroo court which is almost impossible.

According to the Rome statute which Kenya is a signatory.....the allegations being fronted does not amount to human rights abuses and no war crimes were committed since there was no organized militia which was under any command to commit the felonies-----and this becomes the the biggest headache for ocampo.That's why the suspects have always wanted to be tried at the Hague because nailing them will almost be impossible unless the Hague transforms itself into a kangaroo court.

Justice will have come from the Kenyans themselves and that's why we had always wanted a local tribunal........just like the Rwanda one.that will have been more effective than the hague.Am convinced that the Hague will induct about four suspects but none will ever be jailed because that will be against the Rome Statute.........no war crimes were committed nor human rights violated since those who were killed died due to spontaneous attacks with no concrete evidence to link one to it that he/she organized it........for me justice has been defeated

 

[Smatta]

Thats why I always tell you people, put the weed down before you copy and paste anything,. The topic on this piece of writing is not related in any way with what the original writer of the piece meant. The fate is not yet sealed and you are now talking about the fall of a country which is ten folds better than all its neighbors, the fall wount come untill we all move to your neighbourhood in TZ or UG as refugees, thats when you will realise that we are worse than you presumed we were. BE CAREFUL ON WHAT YOU WISH FOR, IT MIGHT COME TO BE TRUE.

 

[Ab-Titchaz]

Niaje AB,
Its definite that Uhuru is in the list (especially because of his link with Mungiki), and seems he cares less about the so called list, its true that the young man is being groomed to be the future president, but his prospects of being the prezz are as slim as smatta going home on a Friday sober.

Poa bro,
Its a Friday...pewa!
Uhuru is daydreaming like a fool.The impunity that surrounds
this guy is disgusting to say the least.Whoever is having the
schemes of grooming this young Jomo into the Presidency
thinks Kenyans are fools.Kids from other families can also rule
Kenya and somebody should tell him so.

 

[Kwetunikwetu]

Angalau tungejua majina ya wahusika tungepima kwanini kuna uchelewevu

 

[Ab-Titchaz]

Angalau tungejua majina ya wahusika tungepima kwanini kuna uchelewevu

Bahasha iliokua na majina hii hapa...

 

[kayundi2]

There has been a flurry of activity at Kenya's main State House after President Kibaki ordered all cabinet ministers for a crisis meeting this morning.
Its expected Kibaki will be trying to muzzle his Government into a machinery that he can depend on rally for a local tribunal.Many Cabinet ministers have publicly endorsed the Hague option but the big two are not ready to accept the Post Election Violence suspects to be taken to Hague.What is so mazing is that even the so-called suspects are also supporting the Hague Option because of the notion that it will take years and may be it will nail a few leaving out the majority.

 

[Hauxtable]

....Kaazi kweliX2!!

 

[Smatta]

Miafrica ndivyo tulivyo..