Kenya Cornered: The ICC Debacle Unfolds

Haya tena hiyoo ni political test for kenya young democracy to flourish!!!!

vipi kibaki amesneak tayari ile envelope???

Moreno Ocampo kama tumjuavyoo soon atatoaa cheche zake kama kawa..kibaki and key coalition govt officials are suspects of the post election violence!!!!
 
thats what i call last kicks of a dying donkey and too little too late.... waliona kama Annan alikuwa anacheka nao wacha hiyo envelope ifunguliwe tujue ni kina nani waloo humo!! and then the games can begin.... end to impunity once and for all. May they all rot at the hague.we surely wont miss them!
 
kayundi2 said:
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.
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Kayundi2,

itakua poa ukitoa link za hizi story so that folks can read in depth about
the goings on in Kenya.
 
By Standard Reporter

President Kibaki and Prime minister Raila Odinga will on Monday, assemble a special Cabinet meeting as a last ditch effort to salvage plans for home-based trials for post-election violence suspects.

One of the agenda items on the table, would be demand for a second envelop by Justice (Rtd) Johann Kriegler, fashioned alongside that of Justice Philip Waki, but whose subject are those responsible for the mess that was the 2002 elections.
Members of Cabinet pushing for the second envelope argue that it is foolhardy to expect the Kenyan problem can be dealt with in isolation of what they see as State-sponsored theft of 2007 elections.

The push is buoyed by Kriegler's own admission the election was a sham and it was impossible to tell who won.
"There is one envelope missing, which should have come from Justice Johann Kriegler," said Lands Minister James Orengo, who was in the delegation that met Dr Kofi Annan and Luis Moreno Ocampo last week.

Like Agriculture Minister William Ruto this weekend, he too called for punishment to be meted out on those found guilty of election offences under the commission investigated by South Africa's retired judge who probed the flawed process.

Another envelope

Mr Orengo said: "Kriegler should have come up with another envelope that names persons bearing greatest responsibilities on election offences and malpractices".
He added: "For Kenya to deal firmly, fairly and finally with events during and after elections and for everybody to have a feeling justice has been done, Government must conduct investigations on election offences by election officers, corrupt practices, illegal actions and other general offences revolving around election officials."

Mr Ruto, who contradicted Raila's push in Orange Democratic Movement, and supported The Hague option before the envelope changed hands from Annan to Ocampo, maintained those who ‘rigged' 2007 elections to be the first to face ICC.

"Those who caused the chaos are guilty, and those who rigged the elections are equally guilty, and when the time comes, all should go," he said.
Ruto added: "Those who planned the rigging by paying and using the (disbanded) Electoral Commission should be first, followed by those who created the chaos".

On Saturday, the minister called for closure of debate on whether perpetrators of post-election should be prosecuted locally or at The Hague. "Now that the envelope has been handed over to The Hague, let us talk about a new Constitution and how to make Kenya prosper," he said.

The Cabinet will also discuss proposals from meetings that have taken place since Thursday when Annan surprisingly handed the envelope to the ICC chief prosecutor, well ahead of his deadline.
And on Monday, Ocampo breaks the seal of the envelope with names of prominent Kenyans suspected to have fanned the chaos.
He will also pour on his desk the cache of evidence against the suspects also sent to him by Annan last week, after his patience with Kenya's delegation to himself and Ocampo ran out, because of a feeling he was being taken round in circles and the Government was making empty promises.

The Cabinet session was summoned in a bid to beat the September deadline set by Ocampo on the status of investigations and prosecutions.

With the list said to implicate both PNU and ODM politicians, Kibaki and Raila are under pressure to win a hostile Parliament to their side or risk having Ocampo taking up the cases.
The principals will be picking up the pieces, right from Parliament's defeat of a Bill seeking to install a local tribunal, even as hope dwindles of stopping the ICC option that could see some of their ministers being bundled to The Hague.
But even as they prepared for the meeting, amidst a flurry of consultations, the positions within the fractured Grand Coalition appear to get more entrenched.

Contentious issues

On Friday, a meeting to draft the proposed Independent Tribunal Bill, took place and was attended by Justice Minister Mutula Kilonzo, Kiraitu Murungi, (Energy), Orengo, Prime minister's advisor on Coalition Affairs Miguna Miguna and Attorney General Amos Wako. It is this proposal that the Cabinet is scheduled to discuss.

Among the contentious issues that had made MPs hostile to the Special Tribunal Bill were: Presidential clemency for suspects; a requirement that those implicated should immediately step aside; and proposal that those who took orders that led to deaths are also personally responsible for their actions.

President Kibaki's Party of National Unity's Secretary General and nominated MP George Nyamweya said those whose names were in Ocampo's envelope were "criminals" who did not deserve protection and sympathy, and should be left to bear their own crosses.
"All those who participated in the violence from all parties will have to defend themselves alone. According to the law, anyone who killed or maimed is a criminal. Our party will not defend such a person," Mr Nyamweya said.

"Let the envelope be opened so that we can move forward. It does not matter now if it is a minister, party leader or even myself. They are all criminals and if found guilty, they should pay for it," he said.

"Fraudulent election is a manifestation of corruption and impunity we are seeking to address and the time is nigh," said Orengo.

He went on: "Just like international crimes it is possible to prosecute offences that did not exist in domestic or municipal statutes at the time offences were committed through a constitutional dispensation and put measures to deal with corrupt and illegal practices during elections."


The Standard | Online Edition :: Kibaki and Raila summon Cabinet
 
MwanaFalsafa1 said:
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?
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I'm glad too!!! About time... let them be prosecuted ...When i remember last year Jan and Feb!??!

Uhuru is rumoured to featuring sana...there are names/suspects that i cannot put down here kwasababu ...

I wish that they make it speedy and make an example of these corrupt killers
they are about to get there comeuppance.
 
Coalition partners PNU and ODM were on Monday trying to bridge their differences on how and where the perpetrators of the post-election violence will be brought to justice.


Related Stories
Mr George Nyamweya, the PNU vice-chairman, said the party's coalition members would meet in Naivasha on Tuesday to develop a common stand - possibly agreeing for both local and foreign trials before approaching ODM for support.

The ODM party leader, Prime Minister Raila Odinga, sources said, had organised a meeting of the party ministers at his Karen home in Nairobi on Tuesday to deliberate on the handling of the violence suspects.

In Kampala, ICC prosecutor Luis Moreno-Ocampo told a press conference that the move to establish a special division in the High Court to try post-election violence suspects was suggested by Justice minister Mutula Kilonzo.

"The minister of Justice of Kenya came to my office a week ago and informed me of the commitment of Kenya to end impunity. They are trying to establish a national court in the similar way that Uganda was discussing to have a special division in the High Court," Mr Moreno-Ocampo said.

He also noted that he was yet to open investigations into the Kenyan situation.

"They (Kenyan Government) say that if Parliament should not approve this court then they will refer the case to the International Criminal Court," he said.

He added: "I have not opened investigations. I am waiting to see if the authorities will conduct the proceedings. If they cannot do it, I will do it. In the meantime I am collecting information and trying to prepare my case."

Back home, Mr Nyamweya said MPs from across the political divide held private meetings to strike a common stand on the issue that has re-ignited tough divisions in government and heightened political temperatures.

"Many discussions are going on but members don't want to report them. Today (Monday) there have been various meetings," Mr Nyamweya said.

Mr Nyamweya said PNU coalition members would, in Naivasha, develop a common stand - possibly agreeing for both local and foreign trials before approaching ODM for support.

Tourism minister Najib Balala put it clear that it would be wrong for PNU to come up with proposals and publicise them before approaching their coalition colleagues.
 
Tuanze kujenga tabia ya kuheshimu utawala wa sheria. ICC inaweza kujaa waafrika tu kama utawala wa sheria hautaheshimiwa
 
Nyaralego said:
I'm glad too!!! About time... let them be prosecuted ...When i remember last year Jan and Feb!??!

Uhuru is rumoured to featuring sana...there are names/suspects that i cannot put down here kwasababu ...

I wish that they make it speedy and make an example of these corrupt killers
they are about to get there comeuppance.
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Check out what Ocampo is saying hapa...

I'll name all, says Ocampo
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By Samson Ntale in Kampala
Lucianne Limo in Nairobi


I will open Kenya's sealed envelope and spill the beans this week, Chief Prosecutor of International Criminal Court Mr Luis Moreno-Ocampo promised the world. "(The Waki envelope) is already in my office in Geneva," he said in Kampa from Dr Kofi Annan. "When I return I will open it and let the public know the details."

Asked if he knew the names in the secret envelope he replied: "As of now, I do not know because I have not opened it... It is only when I return that I will know the details and release them for publication."

He revealed the Kenya Government was pushing for creation of special local courts modelled alongside a failed Ugandan effort. The courts would allow local trials faithful to the Rome Statute that created the ICC to run parallel with prosecutions in The Hague. ... ZAIDI.
 
Ndahani said:
Tuanze kujenga tabia ya kuheshimu utawala wa sheria. ICC inaweza kujaa waafrika tu kama utawala wa sheria hautaheshimiwa
Click to expand...

Mawazo poa sanaa maana hawa viongozi wa Afrika wana katabia
ka kutojali what they are doing while in office.
 
Waki Commission list of names in the hands of ICC Prosecutor​

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Six boxes containing documents and supporting materials compiled by Waki Commission arrive at the ICC on Thursday, July 16, 2009​


The Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo received in The Hague six boxes containing documents and supporting materials compiled by the Commission of Inquiry into the Post-Election Violence (known also as the Waki Commission), and an envelope with a list of persons who could be implicated in the violence.

The Prosecutor opened the sealed envelope, examined its content and resealed the envelope. "The content of the envelope will remain confidential, there will be no leaks," the Prosecutor said". The Waki Commission provided the names of a number of individuals and justifications for an investigation. I am grateful to Kofi Annan and Justice Waki for transmitting this information and for their contributions to our common goal in fighting impunity. My Office will continue the collection of information, and I will reach an impartial conclusion as to whether or not to investigate those individuals or others, or none."

Afterwards, the material was stored in a secure vault, where it will remain. It will be registered and processed for analysis by the Prosecutor's Office.
"There is a consensus that there will be no impunity for the crimes that have been committed," the Prosecutor stressed, "this is the only way to prevent the commission of new crimes during the next elections." he said. "The main responsibility now lies with the Kenyan government."

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

Waki Commission list of names in the hands of ICC Prosecutor
 
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Mr Luis Moreno-Ocampo (right) inspects an envelope containing names of suspected sponsors of the post-election violence handed over to him by Mr Annan


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Hope fairness will prevail, and finally a good lesson to the Kenyan Government!
Kinyume na hapo, the situation can backfire and the whole thing going back to square one!
 
Mwalyambi30 said:
Hope fairness will prevail, and finally a good lesson to the Kenyan Government!
Kinyume na hapo, the situation can backfire and the whole thing going back to square one!
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Mwalyambi30,

I hope so too na naona European Union pia wamesema watasaidia jamaa
za Hague kuwakamata all those indicted so that they can be prosecuted.

Mungu ibariki Kenya maana this thing is not going away anytime soon.

EU to aid Hague arrest big names in Waki list ​

EU.jpg

Ms Anna Brandt, the Swedish ambassador to Kenya and chair of the EU presidency s addresses a press conference with other envoys who expressed their support for the formation of a local tribunal to try politicians who sponsored the post-election violence​

By BERNARD NAMUNANE and BENJAMIN MUINDI​

Posted Thursday, July 16 2009 at 17:39

The European Union envoys on Thursday warned Kenya that their countries will help the International Criminal Court to deal with election violence suspects.

They said the EU will extend the same kind of help to the ICC it gave in the case of the Democratic Republic of Congo.In that case, Belgium arrested former DRC vice-president Jean-Pierre Bemba and handed him over to the Hague where he is awaiting trial for crimes against humanity.

Indicted

Ms Anna Brandt, the representative of the EU presidency in Nairobi, gave a strong indication that European countries would help to arrest Cabinet ministers and business people who will be indicted by ICC prosecutor Luis Moreno-Ocampo.

However, she did not specify the exact form of assistance the EU would extend to the ICC.

She only said: "It would not be different from the one that has been offered for other countries such as Democratic Republic of Congo, Uganda, Sierra Leone or even Yugoslavia."

In the case of those countries, EU member states arrested suspects, froze their foreign bank accounts or denied suspects entry visas to various EU countries.The envoys also asked the government to move quickly and establish a tribunal locally.

On Thursday, it also emerged that the number of people to be tried at The Hague, if a local tribunal is not established, could rise beyond those in the Waki list of six Cabinet ministers and five MPs.

Mr Moreno-Ocampo on Thursday said he would use all the information received from Kenya and will not confine himself to the recommendations of the Waki commission.

"The findings of the Waki Commission are important but they do not bind the (prosecutor's) office; I should reach an impartial conclusion," he said.

This means the final list of those to be investigated by Mr Moreno-Ocampo and possibly indicted will be compiled from the evidence presented by the Party of National Unity (PNU), the Orange Democratic Movement (ODM), the Kenya National Commission on Human Rights (KNCHR), the Kenya Human Rights Commission (KCHR) and other sources, including NGOs. "In accordance with the Rome Statute, my office utilises all information received," he said.

DAILY NATION- EU to aid Hague arrest big names in Waki list
 
Hii itakuwa fundisho hata kwa Tanzania, watu wanaopenda madaraka hata kwa Nguvu nafikiri itakuwa imetoa mwongozo na fundisho pia. Nchi za Kiafrika watu wanapenda sana kuwa watawala badala ya kuwa Viongozi na ndo maana Vyama vyao vinatamka hadharani kabisa kuwa vitatawala milele, what a non-sense is that, watu hawako coscience na fact kwamba no one rules forever,

Mungu ibariki Tanzania tupate mabadiliko ya Uongozi haraka iwezakanavo.

Rom
 
Hii listi nyengine nayo....
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Poll chaos: Who is telling the truth?


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by Athman Amran

Seven Cabinet ministers, three Assistant Ministers and several sitting and former MPs are among 219 people who the Kenya National Commission on Human Rights (KNCHR) claims could have had a hand in post-election violence.

But in a cautionary note, KNCHR says it has not concluded that the people mentioned are guilty.

"This is presented in the effort to remain faithful to hundreds of Kenyans who provided this information, which we expect the relevant agencies will further investigate," the KNCHR says.

The report, ‘On the Brink of The Precipice: A Human Rights Account of Kenya's Post-2007 Election Violence', also names prominent businessmen, church and youth leaders and groups.Also in the list of the revised edition are a former PC and some police bosses, chiefs and councillors, among others.

Those mentioned adversely include Deputy Prime Minister Uhuru Kenyatta, Cabinet ministers Sally Kosgei (Higher Education), William ole Ntimama (National Heritage) and Najib Balala (Tourism).

We could not reach some Cabinet ministers, assistant ministers, MPs and businesspeople the report mentions adversely. Due to legal reasons, we cannot, therefore, identify them.Uhuru and Dr Kosgei are in court contesting the inclusion of their names in an earlier version of the KNCHR report.

Mrs Elizabeth Ongoro, Nairobi Metropolitan Development Assistant minister, is adversely mentioned.

Police Commissioner Hussein Ali is also listed alongside MPs Chris Okemo (Nambale),Boaz Kaino (Marakwet West), Omondi Anyanga (Nyatike) and Fred Kapondi (Mt Elgon). Maj-Gen Ali said he will issue a statement next week to respond to the claims by KNCHR.

Also named are former Roads minister Kipkalya Kones, former Assistant minister Lorna Laboso and MP David Kimutai (Ainamoi), who all died last year.

The list was released on Friday by KNCHR at a Nairobi hotel to discuss whether post-election suspects should be tried at the International Criminal Court (ICC) or at a special tribunal.

The Standard | Online Edition :: Poll chaos: Who is telling the truth?

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William Ole Ntimama - Minister for National Heritage

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Huyu mshua kwa kweli ni kichwa maji toka enzi za Rais Moi. Kuna siku aliwaambia wakikuyu wanaoishi maeneao anyowakilisha bungeni kua "..they should lie low like envelops." Baadae kukawa na kasheshe kibao na watu wakafa maeneo yenyewe kwa vurugu zisizoeleweka. Na kwa ustaarabu wa serikali ya wakati huo jamaa 'aka-sevu' kihuni tu.

Kwa sasa serikali ya Rais Kibaki ambao kwa kiwango kikubwa imejaa wakikuyu, wanamsukuma ambane huyu bwana kwa fujo za baada ya kura za 2007 na la sivyo basi wamlimbikize kesi za wakati wa Moi. Any which way wanalilia damu yake!

Jamaa mwenyewe ni mmasai na 'kabila lake hawatokubali aguswe' namna yeyote vile.

Nd'o maana naifuatilia hii seketa na utata wake mpaka tamati yake.

Kazi ipo
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