EU to aid Hague arrest big names in Waki list

The European Union envoys on Thursday warned Kenya that their countries will help the International Criminal Court to deal with election violence suspects.

They said the EU will extend the same kind of help to the ICC it gave in the case of the Democratic Republic of Congo.

In that case, Belgium arrested former DRC vice-president Jean-Pierre Bemba and handed him over to the Hague where he is awaiting trial for crimes against humanity.

Indicted
Ms Anna Brandt, the representative of the EU presidency in Nairobi, gave a strong indication that European countries would help to arrest Cabinet ministers and business people who will be indicted by ICC prosecutor Luis Moreno-Ocampo.

However, she did not specify the exact form of assistance the EU would extend to the ICC.

She only said: “It would not be different from the one that has been offered for other countries such as Democratic Republic of Congo, Uganda, Sierra Leone or even Yugoslavia.”

In the case of those countries, EU member states arrested suspects, froze their foreign bank accounts or denied suspects entry visas to various EU countries.

The envoys also asked the government to move quickly and establish a tribunal locally.

On Thursday, it also emerged that the number of people to be tried at The Hague, if a local tribunal is not established, could rise beyond those in the Waki list of six Cabinet ministers and five MPs.

Mr Moreno-Ocampo on Thursday said he would use all the information received from Kenya and will not confine himself to the recommendations of the Waki commission.

“The findings of the Waki Commission are important but they do not bind the (prosecutor’s) office; I should reach an impartial conclusion,” he said.

This means the final list of those to be investigated by Mr Moreno-Ocampo and possibly indicted will be compiled from the evidence presented by the Party of National Unity (PNU), the Orange Democratic Movement (ODM), the Kenya National Commission on Human Rights (KNCHR), the Kenya Human Rights Commission (KCHR) and other sources, including NGOs. “In accordance with the Rome Statute, my office utilises all information received,” he said.

Mr Moreno-Ocamo’s statement came as politicians hardened positions, casting doubt that the Cabinet will reach an agreement on passing the Independent Tribunal Bill during its Monday meeting.

Contrary to popular belief that the Waki Commission only handed to Mr Annan a secret envelope, the ICC on Thursday revealed that the evidence consists of video clips, photographs and other materials.

“These materials consist of six boxes of documents and supporting materials compiled by the commission,” Mr Ocampo said.

Naming suspects
However, he said the law prevents him from naming suspects. “The content of the envelope will remain confidential, there will be no leaks.”

Justice and Constitutional Affairs minister Mutula Kilonzo supported the decision to keep the names secret to guarantee that those to be investigated get a fair trial.

“The envelope is purely informative and it will become evidence after investigations,” he said.

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