Kibaki: Kenya working on local trials for Ocampo Four

President Kibaki has said Kenya has not lost hope of having four of its nationals facing crimes against humanity at the International Criminal Court (ICC) tried at home.

He urged Kenyans to remain calm as the government pursues a local mechanism to try Deputy Prime Minister Uhuru Kenyatta, former head of the public service Francis Muthaura, Eldoret North MP William Ruto and radio presenter Joshua arap Sang for crimes committed during the 2007/08 post election violence.

He said the victims of the chaos deserved justice while the suspects had a right to a fair hearing.

"I am also aware of the concerns that the upcoming ICC cases have caused among Kenyans.  I am also cognisant of the fact that this House passed a motion that Kenya pulls out of the ICC. 

"Victims of post-election violence deserve justice.  The Kenyans facing trials also deserve a fair and legal hearing," said President Kibaki during a State of the Nation address in Parliament, Tuesday.

"In the meantime, I call on Kenyans to remain calm even as we pursue the option of having a local mechanism to deal with any international crimes.  The matter of the ICC must also not be politicised," said the President.

The four Kenyans are due to face trial for the chaos that left 1,133 people dead and 650,000 uprooted from their homes at The Hague-based court in the coming months.

The ICC took over the cases after the government failed to establish a local tribunal to prosecute the suspects.

ICC Chief Prosecutor Luis Moreno-Ocampo accuses Mr Kenyatta and Mr Muthaura of committing the crimes of murder, persecution, forcible transfer of populations or deportation and rape against perceived ODM supporters in the Naivasha and Nakuru.

He also avers that Mr Ruto and Mr Sang should stand trial for murder, persecution, forcible transfer of populations or deportation committed against perceived PNU supporters in the Rift Valley at the height of the post election violence.

The ICC judges confirmed charges against the four in January. Months later, the court's Presidency constituted a Trial Chamber made up of three judges to hear the cases.

The Kenya Government has the option of lodging an admissibility challenge at the ICC with a view to bringing the cases back home. However, this opportunity can only be afforded once.

In his address, President Kibaki also assured of a peaceful handover of power after the next General Election. He said the next president should be a visionary leader who will pursue development.

"I also assure Kenyans of a smooth transition to the new leadership that they will elect in the forthcoming General Election," said President Kibaki.

"That leadership must have the capacity to build and sustain on our Vision Twenty Thirty, whose foundation we have firmly laid."

Presdent Kibaki said the government would carry out "massive civic and voter education" in the run up to the polls to educate Kenyans on the new electoral system.

"This House has also passed three crucial pieces of legislation that have laid down the legal framework for the forthcoming General Election. These are: Elections Act; Independent Electoral and Boundaries Commission Act; and Political Parties Act," he said.

The President also hit out at tribal-based parties saying there had no place in a democracy.

"Our democracy has now come of age and we should discourage regionally based parties.  We need parties that are ideologically driven and have a national character."

He said the government will hold a National Conference on peaceful elections in August.

On the thorny issue of Internally Displaced Persons (IDPs), the Head of State said 12,900 acres of land will be used to resettle the IDPs and forest evictees.

"The Ministry of Special Programmes has also been allocated Sh4.4 billion for construction of houses and purchase of food and non-food items."