ICC ruling splits Kibaki's coalition wing

The Hague ruling on the Ocampo Six has split the PNU wing of the coalition government, with Justice minister Mutula Kilonzo taking positions at odds with his Wiper party leader, Vice-President Kalonzo Musyoka, and Attorney-General Githu Muigai.

Mr Kilonzo has been insisting that the suspects facing threat of indictment by the International Criminal Court over the post-election violence cannot hold public office or contest at the next elections. (READ: Mutula’s unenviable responsibility)

Two of them, Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto, are confirmed aspirants for the presidency and insist they remain in the race.

Mr Kenyatta surrendered the Ministry of Finance portfolio but retained the post of DPM. Another suspect, Mr Francis Muthaura, resigned as head of Public Service and Secretary to the Cabinet. (READ: Uhuru, Muthaura bow to pressure, step aside)

On Tuesday, Mr Kilonzo snubbed a Wiper Democratic Movement meeting called to discuss his conduct. Officials accused the minister of undermining Mr Musyoka.

Nominated MP Ahmed Affey said they agreed to send a message to ask him to stop attacks on the VP.

“The utterances were unnecessary and uncalled for. He has greatly damaged the party leader and done a disservice to the part

“We are not happy with him and we have agreed to send a message to him. We leave everything to his conscience,” he said after the national executive and parliamenatry group meeting in Lavington, Nairobi.

However, Mr Kilonzo escalated the feud, insisting that Mr Kenyatta and Mr Ruto cannot stand for president as long as they are facing charges at the ICC. (READ: Mutula dismisses Uhuru, Ruto presidential bid)

He also dismissed the 10-man panel set up by Prof Muigai, following a directive from President Kibaki, to advise the government on options available following the Pre-Trial Chamber ruling on Monday last week committing four of the six suspects to trials at The Hague.

Panel superflous

Insisting that he spoke in his capacity as Justice and Constitutional Affairs minister, Mr Kilonzo said the panel was superfluous.

“To be honest I don’t see what that panel would be doing. If you’re asking the AG to interpret the ruling of the ICC, my reading of the Constitution is that he doesn’t require anyone else to help him,” he said.

He dismissed as “confused” anyone saying that Mr Kenyatta and Mr Ruto will have their names on the ballot paper. (READ: Uhuru, Ruto and Kalonzo vow to stay united)

“If you’re accused of crimes against humanity, you have no right to offer yourself to lead the same humanity.

“If that is not commonsense, then I don’t know what is. For those confused politicians in Wiper and PNU who think otherwise, I have no apologies,” he said.

The minister said Mr Musyoka and the politicians from the Wiper party and the PNU were ignorant of the “unwritten law of unforeseen consequences”, adding that the ICC had already made a significant finding that crimes against humanity had occurred in the country.

He said there were aspects of human dignity that have to be addressed, because the way the suspects were behaving amounted to neglect and even disrespect to the victims.