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.

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.

Said Justice minister Mutula Kilonzo: “This is a trip with a specific mission which we have to accomplish. It has to do with the tribunal, but I cannot reveal the details now.”

“The consultative meeting is also meant to explore ways of tackling impunity once and for all. The post-election violence was just a tip of the iceberg. We also have to deal decisively with impunity that has been prevalent throughout post-independent Kenya.”

In a statement from Geneva Mr Annan said: "Justice delayed is justice denied.  The people of Kenya want to see concrete progress on impunity. Without such progress, the reconciliation between ethnic groups and the long-term stability of Kenya is in jeopardy." 

He added that The Panel "reaffirms its conviction that combating impunity and bringing to justice the perpetrators of the post-election violence in Kenya is fundamental for the country’s reform agenda." 

Mr Annan also "welcomed the Government of Kenya's renewed efforts to implement the recommendations of the Waki Commission and to establish a Special Tribunal," but added that "any judicial mechanism adopted to bring the perpetrators of the post-election violence to justice must meet international legal standards and be broadly debated with all sectors of the Kenyan society in order to bring credibility to the process."

Mr Annan and the other members of the Panel Mr Benjamin Mkapa, former President of Tanzania, and Mrs Graça Machel of Mozambique, reiterated their firm commitment to support efforts to implement the comprehensive reform programme under the Kenyan National Dialogue and Reconciliation process.   

The ICC Prosecutor Luis Moreno Ocampo said on Thursday that he had received the sealed envelope after "all the actors involved in ensuring accountability for post-election violence in Kenya agreed on the need to move the process forward now to prevent the recurrence of such events."

He added: "The transmission of the documents to Mr Kofi Annan forms part of these collaborative efforts to ensure that justice is not delayed and that future crimes can be prevented."

Opinion has been sharply divided among Kenya leaders on which way would be best to try the suspects: A local tribunal or the ICC route.

Both President Kibaki and PM Odinga favour the local solution, but most MPs are opposed to the idea saying that the trial could be manipulated by politicians.

Local tribunal

Attempts to form a local tribunal were thwarted after MPs defeated a motion in Parliament meant to pave way for a Special Tribunal in March this year.

At least 1,000 people were killed while 350,000 others were rendered homeless in the violence that was sparked by a disputed presidential election in 2007.

Mr Odinga, then the opposition Orange Democratic Movement (ODM) presidential candidate, claimed he had been rigged out of victory by the Party of National Unity and its candidate President Kibaki.

Mr Annan brokered a peace deal that brought together the two antagonists on a power-sharing agreement under the Grand Coalition Government.

Mr Odinga was named Prime Minister and MPs from his party joined government.