Kibaki leads EAC in new bid to try Ocampo Four locally

President Kibaki has led other East African Community (EAC) leaders in a resolution to empower its regional court to try crimes against humanity.

The import of the agreement is to have the two cases involving four Kenyan post election violence accused currently before the International Criminal Court (ICC) tried locally.

The Arusha Summit further gave the Council of Ministers until the end of May to consider the matter and file its report to an extraordinary meeting to be convened around that time.

"The summit welcomed the resolution by the East African Legislative Assembly for expediting amendment of the treaty for the establishment of the East African Community to extend jurisdiction of the East African Court of Justice or the conclusion of the protocol on this matter," the EAC Presidents said in a communiqué read by Secretary General Dr Richard Sezibera Saturday.

"The summit noted the need to look into the matter of extending this jurisdiction to cover, among others crimes against humanity."

It was signed by Presidents Kibaki , Rwanda's Paul Kagame , Jakaya Kikwete (Tanzania), Yoweri Museveni of Uganda and first Vice President of Burundi Thérence Sinunguruza.

President Kibaki chaired the 10th Extraordinary Summit of the EAC, which was held at the Ngurdoto Mountain Lodge in Arusha, Tanzania.

The EAC resolution is the latest in a series of attempts to have Deputy Prime Minister Uhuru Kenyatta, former head of the public service Francis Muthaura, Eldoret North MP William Ruto and radio presenter Joshua arap Sang tried at home for crimes against humanity committed during the 2007/08 post election violence.

The four are due to stand trial at the ICC 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 contends 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.

On Tuesday, President Kibaki, during his State of the Nation address, said the government was pursuing a local mechanism to try the Ocampo Four.

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.

"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."