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EU to aid Hague arrest big names in Waki list
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. PHOTO/LIZ MUTHONI
Posted Thursday, July 16 2009 at 17:39
In Summary
- ICC says envelope not binding, it may go for more suspects after its investigation
Mr Moreno-Ocampo vowed to punish crimes against humanity committed during the post-election violence. “There will be no impunity for the crimes that have been committed; this is the only way to prevent the commission of new crimes during the next elections,” he said.
But he also said the government has the first option of prosecuting those involved. The ICC would only step in if Kenya fails to set up a tribunal.
Attorney General Amos Wako has already submitted a report on the investigations into crimes committed during the violence.
On Thursday, Mr Wako said he presented the report which stated that 81 cases involving 267 people have been concluded; 156 cases touching on 676 people are pending before the courts while cases under investigations involved 3,627 people. Inquest files had been opened into 400 cases.
On the political front, all is not well, however. Divisions in the Cabinet widened with Mr Kilonzo vowing not to remove the clauses that drove a wedge between his Cabinet colleagues.
“I will enlarge the proposals by insulating the tribunal from injunctions by the Kenyan courts,” he said. Among the disputed clauses were those that sought to strip the President of his immunity from prosecution; his powers of clemency; and barring the AG from exercising the powers of nolle prosequi.
Ministers failed to reach an agreement at a meeting on Tuesday and are scheduled to meet again on Monday.
While some who included ministers John Michuki, Kiraitu Murungi, Moses Wetang’ula, Dalmas Otieno and Esther Murugi supported the draft Bill with amendments, their colleagues Musalia Mudavadi and George Saitoti warned that should the local arrangement fail to meet international standards, The Hague would come in.
The Hague
Cabinet ministers William Ruto and Henry Kosgey said the case should be taken over by The Hague. Mr Ruto has since changed his position and on Wednesday said trials of any nature would not help.
He has warned that violence would recur should the perpetrators of the violence be tried either locally or at the Hague.
Additional reporting by Lucas Barasa
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