Tackle ICC before April 1, says Mutula

Justice minister Mutula Kilonzo has advised the government to file an application challenging the admissibility of the Kenyan case at The Hague before April 1.

Mr Kilonzo said the recommendation was made by two British lawyers hired by the government to help in the case.

“I have recommended, in writing, that the application be filed by April 1. This is permitted by the Rome Statute and is obligatory in this situation,” he said.

The government has had to go back to the drawing board after an informal UN Security Council meeting rejected its request for the cases against the Ocampo Six to be deferred for a year. (READ: Why Kenya failed to defer ICC cases at Security Council)

The British lawyers, Sir Geoffrey Nice and Mr Rodney Dixon, told Mr Kilonzo that any application lodged after April 1 would have little chance of success.

The two said this would allow the government to challenge the case without being seen as ambushing prosecutor Luis Moreno-Ocampo and the ICC judges as the six are set to appear on April 7 and April 8. (READ: ICC sets new date for Uhuru, Muthaura)

The lawyers advised the government to speedily reform the Judiciary and police force, including the possible appointment of respected foreign judges from the Commonwealth.

They concede the success of the application is not guaranteed and “the fight will be hard”.

In a related development, a group of MPs is pushing for the postponement of elections if the case against the Ocampo Six is not resolved by next year. 

Local Government assistant minister Lewis Nguyai, who said 153 MPs backed the move, alleged the case against Deputy Prime Minister Uhuru Kenyatta was a conspiracy to deny him a chance to run for president.  

“Those behind this scheming will be disappointed because we shall have no election until the ICC issue is resolved,” he said at a harambee in Gatundu South. 

PNU spokesman Moses Kuria told the gathering the party was petitioning the Attorney General to prosecute ODM stalwarts led by Prime Minister Raila Odinga for their alleged role in the violence. “If this fails, we will go for private prosecution,” he said.

Meanwhile, the church has said it is in favour of the ICC process. National Council of Churches of Kenya secretary general Canon Peter Karanja said on Sunday he had collected 500,000 signatures from Christians and presented them to The Hague-based court.

“This was a result of the government’s reluctance to bring the perpetrators to justice,” he said.

The Rev Karanja urged Christians to vie for political posts. “It is the high time men of God get out there and engage in politics to ensure we have people of integrity,” he said.

Additional reports by Oliver Musembi and Casper Waithaka