Annan to send Kenya violence chiefs to The Hague

Mr Justice Philip Waki (right) hands over an envelope containing names of top suspects in post election violence to Kofi Annan in October last year. MPs on Thursday blocked a Government move to try the suspects through a local tribunal. Photo/FILE

What you need to know:

  • Annan: “The Panel will now review the actions it should take in line with the spirit, letter and intent of that report,”
  • He calls on Kenya political leadership to redouble their efforts towards ending impunity.

Just a day after Kenyan MPs blocked government attempts to set up a local tribunal to try those who orchestrated the violence that rocked the country last year, mediator Kofi Annan says he will act in the "spirit, letter and intent" of the Waki Report, giving strongest indication poll violence suspects will now face justice at The Hague.

This follows Thursday’s Parliament’s defeat of the Constitution of Kenya Amendment Bill 2009, which would have paved the way for the establishment of a Special Tribunal in Kenya.

“The Panel will now review the actions it should take in line with the spirit, letter and intent of that report,” he said.

He said he was disappointed with the Bill’s defeat terming it a blow to ending impunity in Kenya.

“I believe it is also a blow to efforts aimed at ending the culture of impunity in Kenya, which is a central objective of the Kenya National Dialogue and Reconciliation process.”

He said the “development is a major setback to the development is a major setback to the implementation of the recommendations of the Commission of Inquiry into the Post-Election Violence (CIPEV).”

He called on the Kenyan leadership- President Kibaki and Prime Minister Raila Odinga- to redouble their efforts towards ending impunity, which is critical to addressing the root cause of the 2008 post election violence.

Dr Annan said they should ensure the implementation of the agreements agreed during the peace talks, which he chaired.

In particular, he singled out those under Agenda Item Four, which dealt with long-term solution to the Kenya crisis including issues over land, the Constitutional Review among others.

He said that the CIPEV report was clear in its recommendations, which the Government has accepted and failure to have the local tribunal in place by the March 1 deadline will see a review of the report.

Essentially, this means that the Panel of Eminent African Personalities will explore The Hague option, which will see the suspects being tried at the International Criminal Court.

On Thursday, Parliament voted to defeat the Bill with government failing to marshall the required number of 145 MPs needed to amend the constitution.

A total of 101 MPs voted for the Bill, while 93 opposed it. Deputy Speaker Farah Maalim absented from the vote.