Attempt to shield security chiefs fails

Security chiefs in the country will be held responsible for the crimes that may have been committed by their juniors during post-election violence, MPs have agreed.

Attempts by Cabinet ministers George Saitoti and Yusuf Haji who are in charge of security dockets to cushion Police Commissioner Hussein Ali and Administration Police Commandant Kinuthia Mbugua were shot down during a meeting of MPs that endorsed the final version of the Bill that will set up the Special Tribunal for Kenya.

The Constitution of Kenya (Amendment) Bill, 2009, is expected to be debated in the House today as MPs rush to beat Thursday’s deadline of enacting the Statute for the Special Tribunal to try suspects of post-election violence.

Sources at the second Speaker’s Kamukunji attended by President Kibaki said that Prof Saitoti (Internal Security) and Mr Haji (Defence) put up a spirited defence of Maj-Gen Ali and Mr Mbugua arguing that individual officers should take responsibility for the crimes committed.

The two ministers were supported by Defence assistant minister Joseph Nkaissery and Yatta MP Charles Kilonzo who argued that dragging the two security bosses before the tribunal would be gross violation of their rights.

However, sources said, their arguments were shot down by Justice and Constitutional Affairs minister Martha Karua and Attorney-General Amos Wako who said any attempts to cushion the security chiefs from any responsibility would water down the Statute to the point of failing to meet international standards.

Mr Wako said a key pillar of the tribunal was to operate within the provisions of the Rome Statute. Sources also said that attempts to amend the period over which the post-election violence should be investigated were similarly thrown out.

It was also understood that fresh moves were made in vain to ensure that ministers whose names will be forwarded to the tribunal are compelled to resign.

They retained the clause that requires six Cabinet ministers whose names are contained in the Waki list to only resign once they have been indicted.