Ocampo recruits Waki investigators

Justice minister Mutula Kilonzo (right) during a media sensitisation workshop on the ICC in Nairobi on Thursday. He said that the ICC had hired Waki Commission investigators as it prepares its case against post election violence suspects. Looking on is Wilfred Nderitu the ICJ chair. Photo/CHRIS OJOW

What you need to know:

  • ICC has also hired Swahili translators, says Justice minister.

  • The court's move follows the Cabinet’s to reject a Bill Mr Kilonzo had prepared for formation of a local tribunal.

The International Criminal Court has acquired the services of the Waki Commission personnel to ease its investigative process.

The investigators, who worked in the Commission of Inquiry into Post-Election Violence (CIPEV), will help the ICC as it prepares to prosecute the Kenya post election violence suspects.

Justice Minister Mutula Kilonzo added that the court has also hired Swahili translators.

“ICC has hired investigators and Swahili translators in preparation for the prosecutions in Kenya,” he said during a media sensitisation workshop on the ICC organised by Peace Pen Communications (PPC), International Commission of Jurists (ICJ-Kenya) and Institute for Security Studies (ISS) in Nairobi on Thursday.

“It has hired investigators used by Waki,” he said.

Mr Kilonzo, who was accompanied by PPC director Mildred Ngesa, ICJ chairman Wilfred Nderitu (chairman), George Kegoro (executive director) and ISS official Antoinnette Loum, said the ICC move followed the Cabinet’s to reject a Bill he had prepared for formation of a local tribunal.

“As far as I am concerned the Cabinet’s decision precipitated the hiring,” he said.

The Waki Commission had proposed the formation of a special tribunal to try the perpetrators of the violence that left at least 1,300 people dead and 600,000 others displaced or the matter be handed over to the ICC.

Parliament, however, shot down a bill that could have led to the establishment of the tribunal in February.

In July, a government delegation including Mr Kilonzo met ICC prosecutor Luis Moreno-Ocampo who gave the government until end of September to institute home based trials or ICC would start investigating people named in the Waki list which is in his custody.

Imenti Central MP Gitobu Imanyara has since started fresh efforts for local trials and Mr Kilonzo on Thursday called on Kenyans to support him.

“That is the reason why some Kenyans think The Hague is the best. The ICC can even take 30 years down the line,” Mr Kilonzo said.

Mr Kilonzo further said the mandate of the Truth, Justice and Reconciliation Commission cannot be expanded to handle post-election violence since its members were not recruited as judges.

“Read my lips... I am not going to amend the TJRC Act,” he said.

The Cabinet has resolved that the TJRC Act be amended to handle the chaos.

Mr Kilonzo also called for expansion of ICC mandate to also handle cases to do with drug trafficking, money laundering, piracy, terrorism, bombings, hijacking and organised crime.