Rift over push for Kenya trials

A call by Prime Minister Raila Odinga’s wife, Ida, to have the four Kenyans recently indicted at The Hague over the 2007-2008 post-election violence tried locally has elicited varied reactions.

Deputy Prime Minister Uhuru Kenyatta’s spokesman Munyori Buku welcomed the statement from Mrs Odinga but criticised unnamed leaders he said wanted to cash in on the misfortune brought about by the ICC verdict.

“The statement by the PM’s wife Ida is welcome. It signals the compassion and instincts of a mother. Her sincerity is not questionable.

“The problem is those who want to prosper on the graves of others. It is cruel. It is unfortunate.

“But it is important to mention that the presidency of the Republic of Kenya will be decided by the people of Kenya.

“To believe otherwise is to live in a fool’s paradise,” Mr Buku said.

Senior counsel Gibson Kamau Kuria, a former LSK chairman, said unless and until there is demonstrated political will to prosecute offenders, the call for a trial in Kenya is a “call for the perpetuation of impunity”.

The lawyer accused the offices of the Attorney-General and the Directorate of Public Prosecutions of not having shown any interest in prosecuting those who killed, maimed, displaced and destroyed the property of Kenyans during the period.

More than 1,100 people were killed and 650,000 others left homeless in the violence that rocked the country after the 2007 General Election.

“The coalition government itself has not charged anyone during that period,” he said.

“The crimes committed are known to the Kenya Penal Code, Cap 63 of the laws of Kenya.

“There is no reason why prosecutions should not have taken place since the coalition government was formed in early 2008,” Mr Kuria said.

The ICC’s Pre-Trial Chamber II confirmed the cases on January 23 against Uhuru Kenyatta, Mr Francis Muthaura, Mr William Ruto and journalist Joshua arap Sang.

The charges against former police boss Hussein Ali and Tinderet MP Henry Kosgey were dismissed for lack of evidence.

The Prime Minister has not commented publicly on the matter but has written to President Kibaki protesting at his order to Attorney-General Githu Muigai to constitute a team of legal experts to advise the government on the way forward.

Prof Muigai has already indicated that he will discuss with Chief Justice Willy Mutunga the possibility of setting up a special division of the High Court to deal with the crimes committed during the post-election violence.

But, according to lawyer James Aggrey Mwamu, the only way the cases can be brought back to Kenya is if the country sets up a local tribunal of international standards.

“The ICC has to be satisfied that it meets their threshold and that it can try the post-election violence suspects as they would,” said Mr Mwamu.