Wamalwa’s shadow lies in the way of train to Hague

On March 6, 2012, Saboti MP Eugene Wamalwa sought a ministerial statement from the Foreign Affairs ministry.

In his inquiry, the MP accused the British Foreign Secretary William Hague of making statements which infringed on the sovereignty of Kenya and its democratic right to choose its own President.

He said that Mr Hague’s statement during his February visit to Kenya was a culmination of a well orchestrated campaign to undermine Kenya’s independence and interfere with the next General Election.

“Could the honourable minister inform the House what steps he is taking to ensure that such gross interference in the domestic affairs of our country by a foreign country are curtailed and how we can ensure and maintain the sovereignty of the Kenyan people?” he posed.

And when then Foreign Affairs minister Moses Wetang’ula rose to deny the allegations, hell broke loose.

Though he was not in the House on that day, his colleagues Charles Kilonzo (Yatta), Boni Khalwale (Ikolomani) and Kiema Kilonzo read from a controversial document to support Mr Wamalwa’s claims, further alleging that that Britain was behind efforts to investigate President Kibaki over the post-election violence.

Using the document which has since been dismissed as forgery, MPs also sensationally claimed that Britain is working in cahoots with Prime Minister Raila Odinga to have Deputy Prime Minister Uhuru Kenyatta and Eldoret MP William Ruto detained by the International Criminal Court for using their so-called prayer rallies to fuel incitement.

The credibility of the document is now the subject of inquiry by the House Committee on Defence. Mr Wamalwa has been a member of the team.

And less than three weeks after the release of the “dossier”, Mr Wamalwa, a key member of the G7 political grouping which brings together Vice-President Kalonzo Musyoka, Mr Kenyatta and Mr Ruto was appointed to the powerful Justice and Constitutional Affairs docket.

Indeed, the Wamalwa appointment has been packaged as a boost for the G7.

The Saboti MP has been touted as possible running mate for Mr Kenyatta who has declared intention to vie for the presidency.

Notably, the alliance is glued together largely by its opposition to the ICC intervention in Kenya which it sees as persecution of the suspects in order to lock them out of the presidential race, and a campaign to stop Mr Odinga from ascending to State House.

In a recent policy brief by the International Crisis Group on the impact of the ICC proceedings in Kenya warned that the primary motive of the G7 assembly and its leaders is to frustrate The Hague case.

“The G7 is a powerful alliance with important implications for 2012, when all presidential candidates will try to build ethnic alliances,” says the group.

“It considers that if it wins the elections and controls the government, it will at a minimum be able to delay the ICC process.”

Mr Wamalwa who escorted Mr Kenyatta and Mr Ruto to The Hague during the confirmation of charges hearings, replaced Mr Mutula Kilonzo who openly supports the ICC intervention in Kenya and even called for the removal of Mr Kenyatta and head of Public Service Francis Muthaura from government after the ICC judges committed them to trial.

Mr Kilonzo has also maintained that Mr Kenyatta and Mr Ruto should not contest the presidency, a position that has angered member of the G7 alliance.

Significantly, as Justice minister, Mutula was a member of the crucial Cabinet sub-committee which advises the government on the ICC.

There was concern in the PNU circles that given Mr Kilonzo’s position on the ICC, he was no longer useful to the Ruto-Uhuru allies who recently called for the Mbooni MP’s sacking.

Other member of the committee are Internal Security minister George Saitoti (chairman), James Orengo, Otieno Kajwang’, Amason Kingi and Prof Sam Ongeri.

With Mr Kilonzo’s exit, Mr Wamalwa joins the key committee. The government has put up a spirited fight to delay the ICC cases, including a court challenge and an unsuccessful diplomatic campaign which ended up at the UN Security Council.

With trial chamber already set up, the only realistic chance of having the trials moved to Kenya is the establishment of a local tribunal to handle their cases.

A source close to one of the Ocampo Four, speaking on the condition of anonymity, told the Saturday Nation that he was aware of government determination to have the cases tried locally, pointing out the Wamalwa appointment was part of the strategy.

“The government is working towards trying the cases locally, and details will likely emerge in the next few weeks,” he said.

“Mr Kilonzo was seen to be strong willed on having the Ocampo Four proceed to The Hague and could easily frustrate any efforts. He could not be trusted to push for the move to have the case go on locally,” he said.