Activists reject fresh ICC deferral attempt

International Centre for Policy and Conflict director Ndung’u Wainaina. Photo/FILE

A lobby group on Sunday opposed the latest attempt to seek a deferral of the post-election cases through the United Nations Security Council.

The International Centre for Policy and Conflict (ICPC) rejection came as President Kibaki last Wednesday wrote to the Security Council in a second bid to avert a Hague trial for the Ocampo Six.

The President’s letter has widened the differences between the ODM and PNU.

“All the three judges (of the ICC Pre-Trial Chambers) were in agreement and satisfied that sufficient evidence exists that the individuals are culpable for crimes related to post-election violence,” ICPC director Ndung’u Wainaina said.  

“It is shocking that despite the judges’ findings, the Government has not found it necessary to arrest and prosecute these people,” he said.

The lobby said the fact that some of the suspects still held public office was further proof of unwillingness and ability to prosecute the masterminds.

“If the Government cannot act even with such court findings, on what basis would it be challenging the jurisdiction of the court?” asked Mr Wainaina.

Kenya’s Permanent Representative to the UN in New York, Mr Macharia Kamau wrote to the Security Council on March 23 that the coalition partners had closed ranks on the matter.

In his letter, Mr Kamau based his argument on a ODM National Executive Council/Parliamentary Group meeting last Tuesday at which the party said it would support a referral. (READ: ODM pushes for ICC-led local trials)

However, in a March 25 letter addressed to Security Council president Li Baodong, the ODM denied this, insisting the request for deferral was “incompetent and frivolous.”

In a letter signed by secretary general Prof Anyang’ Nyong’o, the party said assertions by Mr Kamau were “untrue” and that the ODM position had not changed from that stated in its March 11, 2011 letter. (READ: Reject Kenya plea, Orange asks UN)

The Government’s latest attempt follows an unsuccessful March 18 informal meeting with the Security Council.

The US, France and UK, among other Security Council members, have rejected the request.