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.
“What are you telling those victims of rape, murder, and displacement?” posed the Justice minister.
At the weekend, Mr Musyoka — also a declared presidential candidate — was among PNU and Wiper MPs who declared that Mr Kenyatta and Mr Ruto must be on the ballot papers in the next elections.
He denied allegations that he was poised to benefit if the two were locked out of the race.
“The claim that I will benefit from the ICC confirmation charges is really hurting me. I do not see the need to go for the presidency if Uhuru and Ruto are not in the race,” said the VP.
He said no law bars the two from vying for elective posts. But on Tuesday, Mr Kilonzo warned that if one of the two emerges the winner in the next elections, they will block any prosecutions of post-election violence suspects.
And even as Mr Kilonzo dismissed the 10-member legal team, it emerged that Prof Muigai has called its first sitting in six days time and drafted terms of reference that outline the areas to be looked at.
Legal measures available
From confidential documents seen by the Nation, the team is supposed to advise on the legal measures available after the ruling of the ICC Pre-Trial Chamber.
The team is also expected to advise government on its legal obligations and rights as a state party to the Rome Statute, the International Crimes Act 2008 and the Constitution as well as on any other matters related to The Hague cases.
Last week, Mr Musyoka said the government will do everything possible to ensure that the cases are brought back to Kenya.
“We will be making deferral application and the Head of State is in Addis Ababa where he will meet with other leaders,” he said.
Lawyers Kibe Mungai, Kipchumba Murkomen and James Aggrey Mwamu are in agreement that the team must advise government to once again challenge the admissibility of the cases against the four.
