Mutula urges ICC to arrest post poll suspects

The International Criminal Court should start issuing arrest warrants for key suspects behind the post-election violence, a Cabinet minister has said.

Justice, National Cohesion and Constitutional Affairs minister Mutula Kilonzo’s gesture to the ICC came as the European Union said it had petitioned Prime Minister Raila Odinga for the reason why the Cabinet decided to reject two draft Bills that were to set up a local tribunal.

Mr Kilonzo and the EU took their positions as pressure mounted on the government to pave the way for the key suspects, who include ministers and MPs, to face justice either before the special tribunal or at The Hague.

Speaking during the swearing in of the Truth, Justice and Reconciliation Commission (TJRC) set up to decide the fate of the suspects, the Justice minister said ICC chief prosecutor Luis Moreno-Ocampo should take quick steps if there was proof that crimes against humanity were committed early last year.

“I would very much like to know if the country really passed the threshold set for the offences that have been classified as international crimes against humanity. If we did, then I prefer (warrants of) arrests to be even issued by December this year,” said Mr Kilonzo.

The minister spoke only a day after reports that two members of the Waki Commission that investigated the poll violence had been summoned to The Hague.

On Monday, British high commissioner Rob Macaire said the EU had written to Mr Odinga and Mr Kilonzo seeking to be told the reasons for the Cabinet throwing out the tribunal draft Bills last week.

“We’d like to talk to the government about practical implications of the Cabinet decision. If people are not held accountable for their actions in the terrible events that happened a year and a half ago, there is nothing to deter people from doing it again,” he said.

“We want to engage with the government to understand what they meant when they picked the Truth Justice and Reconciliation Commission.”

Resignation

Vice-President Kalonzo Musyoka was to meet Mr Macaire yesterday evening but the high commission said it had nothing to do with the ongoing behind-the-scenes talks between EU members and government ministers.

Mr Kilonzo said the TJRC was not one of the options and declared it would not have a role in prosecutions. “The TJRC cannot deal with international crimes. Its role is to promote justice for victims of past transgressions.”

And speaking at various stations, Gichugu MP Martha Karua demanded the resignation of President Kibaki and Mr Odinga on grounds that they had failed to honour their promise on a local tribunal.

Ms Karua, a former Justice minister, urged Mr Moreno-Ocampo to act quickly, saying local courts had failed to deliver justice to ordinary Kenyans.

Reports by Dave Opiyo, Caroline Wafula, and Alphonce Shiundu