Panic as Kenya poll chaos case handed to ICC

• The Kenya delegation left for Geneva, Switzerland on June 30 on a mission to convince chief mediator Kofi Annan to give the government more time to form a local tribunal.
• President Kibaki and PM Odinga favour local solution, but most MPs are opposed to the idea saying that the trial could be manipulated by politicians.

Former United Nations Secretary General Kofi Annan has handed over the envelope containing the names of Kenya post-election violence suspects to The Hague.

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• The CIPEV (Waki) Report

The hand over triggered a flurry of meetings in the ranks of Government and a press conference for late afternoon on Thursday was addressed by members of a delegation that visited The Hague last week.

At the press conference, Justice minister Mutula Kilonzo confirmed that his team had briefed President Kibaki and Prime Minister Raila Odinga on the “outcome of the fact finding mission undertaken on 2nd and 3rd July 2009."

He stated that as a result of the briefing, the government had resolved to carry out the terms of the agreement with the ICC prosecutor. The government had also agreed to implement the recommendations made by the Waki commission, he added.

“The government has dispatched in accordance with that agreement a report on the current status of post election violence related cases,” Mr Kilonzo said.

The meetings included President Kibaki and Prime Minister Raila Odinga and some of their ministers. Cabinet members seen at the Office of the President included Attorney-General Amos Wako, Lands Minister James Orengo, Justice Minister Mutula Kilonzo and Security Minister George Saitoti.

Mr Annan said he decided to hand over the envelope after an agreement was reached between a delegation from the Kenya Government and senior officials of the International Criminal Court in Geneva.

"In light of that agreement, 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," said the statement addressed to Prime Minister Raila Odinga and copied to President Kibaki.

Mr Annan led a panel of prominent African personalities to negotiate a peace deal for Kenya after the country erupted into chaos following a disputed presidential election on December 27, 2007. The violence led the death of at least 1,300 people while over 300,000 were driven from their homes and forced to live in camps.

Kenyan delegation

Last week, Mr Annan held a meeting with the Kenyan delegation comprising the Minister for Justice and Constitutional Affairs Mutula Kilonzo, Lands minister James Orengo, Attorney General Amos Wako and Mr William Cheptumo, the Assistant minister for Justice.

“We discussed the status of the implementation of the National Accord and progress on Agenda Four items reforms, including the modalities of the establishment of a Special Tribunal, as recommended by the Commission of Inquiry into the Post Election Violence in Kenya,” said Mr Annan.

"The next day on the 3rd of July 2009, the delegation of the Government of Kenya met with senior officials of the International Criminal Court including the Prosecutor Mr Luis Moreno Ocampo, and came to an agreement."

Specific mission

The Kenya delegation left for Geneva, Switzerland on June 30 on a mission to convince chief mediator Kofi Annan to give the government more time to form a local tribunal.