Kilonzo: Time running out for Ocampo Six

Justice minister Mutula Kilonzo during the Rotary Club of Nairobi luncheon on March 24, 2011.He warned Kenya must urgently set up a credible local mechanism to handle post election violence cases to have any chance of saving the Ocampo Six from The Hague trials. LIZ MUTHONI

Justice minister Mutula Kilonzo has warned Kenya must urgently set up a credible local mechanism to handle post election violence cases to have any chance of saving the Ocampo Six from The Hague trials.

Mr Kilonzo, at the same time, warned the Ocampo Six against ferrying their supporters to the International Criminal Court (ICC) on April 7 and 8 to demonstrate their political muscle saying such a move would backfire spectacularly.

Speaking at the Rotary Club weekly meeting Thursday, Mr Kilonzo lamented that politicians were to blame for the government’s failure to set up a credible local mechanism, forcing the ICC to take over the chaos cases.

“I wish to reiterate my long held position that the best way to avoid the ICC is to establish as quickly as possible credible institutions as envisaged by the Rome Statutes to handle the suspects,” the minister said.

He hit out at those accusing the ICC of intruding on Kenya’s internal affairs and warned against any attempts to storm The Hague next month to demonstrate solidarity with the suspects. 

“Whenever I see Kenyans shouting at the ICC, suggesting that it is like a Kenyan court where you can go with your supporters to show your political might, be advised that you are in for a rude shock,” Mr Kilonzo warned.  

He added that while the new Constitution clearly sets out ways of setting up such institutions, political bickering and ignorance of the ICC process by politicians was hampering such efforts.

Coming at a time when the government is pushing for the deferral of the cases at the UN Security Council while at the same challenging their admissibility at the ICC, Mr Kilonzo’s statement would appear to demonstrate little faith in the efforts to save the six suspects accused of bearing the greatest responsibility for the violence.

In December, ICC prosecutor Luis Moreno-Ocampo named Deputy Prime Minister Uhuru Kenyatta, MPs William Ruto and Henry Kosgey, Public Service boss Francis Muthaura, former Police Commissioner Hussein Ali and radio presenter Joshua Sang as suspected masterminds of the violence.

Mr Kilonzo has been a strong critic of the government’s efforts to defer the cases for twelve months but supports the move to challenge the admissibility of the cases at the ICC on grounds that they can be handled through a credible local mechanism.

Attorney General Amos Wako has already authorised two British lawyers to challenge the cases facing the suspects at the ICC on grounds of jurisdiction and admissibility. However, the ODM wing of the coalition has rejected the move saying its ministers in the cabinet sub committee on the ICC were not consulted.

He defended his opposition to the shuttle diplomacy to secure the deferral warning that if the request was granted, Kenyan politicians would take advantage and keep on pushing for the postponement of the cases for their own selfish interests.

He told the Rotarians that to save the Ocampo Six from The Hague trials, the government must put in place to address the plight of the post election violence victims while at the same time demonstrating ability and commitment to prosecute those who bear responsibility for the violence.

Mr Kilonzo hit out at his cabinet colleagues who have criticised his opposition to government’s efforts to defer the cases, saying some of them lobbied MPs to reject the bill to set up a local tribunal in Parliament.

“The position that Kenya finds itself in is most unfortunate but also quite unique. It is unique in the sense that we almost singlehandedly handed ourselves over to the ICC,” said the minister.

“I pity my fellow ministers who even lobbied MPs to reject the bill on a local tribunal but are now saying that Mutula is against us. I forgive them,” he went on.

The minister, however, differed with Prime Minister Raila Odinga on the suggestion that detectives from the FBI or Scotland Yard be brought in to prosecute the cases if they were to be handled locally. He said it was ironical for one to invite foreign detectives when the country was in the process of reforming the police to make it truly independent and competent.

“The only way to avoid ICC is to establish a credible mechanism and to avoid inviting foreigners. FBI, Scotland Yard, please stick to your countries. The only foreigners who should come here are those appointed by ICC,” he stated.