Kenya chaos suspects may escape arrest

Lands minister James Orengo has said the International Criminal Court may spare arrests to Kenya's post election violence suspects November 2, 2010. FILE

Kenya's post election violence suspects may be spared arrest by the International Criminal Court.

Instead, they will be asked to voluntarily appear before the Hague court to answer charges of crimes against humanity.

Lands minister James Orengo said Tuesday that ICC prosecutor Luis Moreno-Ocampo told him last week that he is not going to issue warrants of arrest against the suspects.

He said the prosecutor made the revelations during a conversation between the two in New York on the sidelines of the United Nations General Assembly.

“The prosecutor assured me that he now prefers to summon the individuals and that he is not going to issue any warrant of arrest,” said the minister.

Mr Orengo said that the prosecutor had resorted to the decision because he was “happy with the high level of cooperation” he has received from the government.

The Lands minister is a member of the cabinet sub-committee on the ICC affairs. Others in the committee include ministers George Saitoti, Mutula Kilonzo and Amason Kingi.

He could not, however, explain what will happen if those summoned fail to appear before the court.

Summons to suspects is provided for in the Rome Statute that set up the court.

In June, two Sudanese rebel leaders wanted for crimes committed in Darfur, Sudan voluntarily appeared before the court after summons were sent out.

Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo) are charged with three counts of war crimes relating to the 2007 attack on African Union peacekeepers at Haskanita Military Group Site (AMIS).

The prosecutor has already committed to present at least two cases before the court by December this year.

To back the cases, a team from the ICC will Wednesday meet lawyers representing provincial administrators and police bosses who were in office during the violence to finalise plans on the taking of statements.

Judge Kalpana Rawal, who will preside over the process, is expected to spell out the procedure to be followed.

The ICC team is also expected to explain to the lawyers the nature of questions to be put to their clients in order to help them advise the security chiefs.

The lawyers confirmed that they had spelt out conditions of engagement with ICC to Attorney-General Amos Wako.

“We want them to tell us what they want to ask our clients in advance so we can prepare adequately for the sessions,” one of the lawyers who did not want to be named said.

Mr Orengo said that he had presented the ICC prosecutor’s position to the government as he gave a report of the discussions of the United Nations General Assembly held in New York between October 28 and 29 in which he represented Kenya.

Mr Moreno-Ocampo seems to be preparing ground for those whose cases he will present to wilfully present themselves to the court and secure bail thereafter to avoid the humiliation of being arrested.

Last month, the prosecutor told journalists at the ICC that a prominent Kenyan had offered to surrender to the court if required to do so.

The violence, which broke out after a disputed presidential election left 1,133 dead and 650,000 others displaced from their homes.