Special court to try poll chaos suspects may delay

Attorney General Githu Muigai. The formation of a International Crimes Division to try 2007/8 post-election suspects is likely to be affected by the suspension of six members of the Judicial Service Commission that was later overturned in court. PHOTO/SALATON NJAU/FILE

What you need to know:

  • Attorney-General Githu Muigai and JSC member Samuel Kobia said on the sidelines of the recent Assemblies of State Parties meeting in the Hague that efforts were being made to establish the division.

The formation of a International Crimes Division to try 2007/8 post-election suspects is likely to be affected by the suspension of six members of the Judicial Service Commission that was later overturned in court.

Kenya had promised to establish the division by the end of the year to try suspects even as the cases against President Kenyatta, his deputy William Ruto and radio presenter Joshua arap Sang continue in The Hague.

The division was to try thousands of people suspected to have committed crimes during the violence, including those mentioned in the ICC cases.

Attorney-General Githu Muigai and JSC member Samuel Kobia said on the sidelines of the recent Assemblies of State Parties meeting in the Hague that efforts were being made to establish the division.

Dr Kobia said Kenya was prepared to launch it next month. “We have visited Uganda, Rwanda, Cambodia, the Hague and we will go to Bosnia to study their local divisions,” he said.

“Setting up the unit will not interfere with the current Kenyan cases at the ICC,” said Dr Kobia.

Botswana Attorney-General Athalia Molokomme, however, felt Kenya was not ready to set up a local International Criminal Division.

“Generally in Africa, I have the notion that our legal and institutional structures are not well developed to meet the international court’s standards and Kenya is no exception,” she said.