Withdraw tribunal Bill, says rights body

• Bill should be withdrawn for about six weeks to allow amendments.
• Local tribunal has easier access to available evidence and accessibility of witnesses.

A human rights body wants a Bill for the formation of a Special Tribunal for Kenya withdrawn until consensus is reached.

The tribunal will try post-election violence suspects.  

The Kenya National Commission on Human Rights said the Bill should be withdrawn for about six weeks so that necessary amendments are made to the proposed laws to address stakeholders’ concerns.

“The matter should not be put to vote tomorrow (Tuesday) but should be withdrawn with an agreed timetable that will enable greater scrutiny and consensus,” KNCHR chairperson Florence Simbiri-Jaoko told a press conference at the commission’s CVS Plaza office in Nairobi.

She urged President Kibaki and Prime Minister Raila Odinga to whip their supporters to agree to the changes.

KNCHR said it supports the local tribunal because it had been recommended by the Waki Report as the first option and has easier access to available evidence and accessibility of witnesses.

It added that at all situations that the ICC has intervened in Northern Uganda, Darfur, Democratic Republic of Congo and Central Africa Republic the conflicts were long drawn.

The Commission also wants a clause to be included in the Statute to permit the ICC to intervene in the event that the tribunal is rendered ineffective for one reason or the other.

“The ICC does not automatically intervene but expects that countries will on their own take initiative to prosecute those responsible for serious crimes. Thus, Kenya has to demonstrate that it is willing and able to do so. Parliament bears this responsibility.”

Ms Simbiri was accompanied by KNCHR vice-chairman Omar Hassan, secretary Mburu Githu and commissioners Lawrence Mute, Wambui Kimathi, Fatuma Ibrahim, Ann Kyalo and Winfred Lichuma.