Ocampo: Parties in search for consensus ahead of visit

By Standard Team

Top Government officials went into a flurry of strategy meetings just days before Luis Moreno-Ocampo steps on Kenyan soil.

The International Criminal Court Chief Prosecutor arrives on Thursday for face-to-face talks with President Kibaki and Prime Minister Raila Odinga on dealing with post-election violence suspects.

Kibaki and Raila are scheduled to meet today to plan for the encounter.

Mr Moreno-Ocampo’s visit follows a controversial July 3 agreement he signed with a Kenyan delegation to The Hague. It pledged the Government would refer suspects to the ICC if it failed to persuade Parliament to create a Special Local Tribunal. However, the Government has since disowned the deal following criticism of the ICC by the African Union and failure to get support in the National Assembly for a special tribunal.

Last month, President Kibaki told Dr Kofi Annan he would not refer Kenya’s case to the ICC but would co-operate with the international court.

Cabinet, led by Kibaki and Raila, has settled for trials within the ordinary court system and a Truth, Justice and Reconciliation Commission.

Yesterday, a series of meetings took place at Harambee House, which hosts the President’s formal working desk, and Treasury Building, where the PM is based.

A meeting of the members of National Dialogue and Reconciliation Committee was convened at Harambee House, Nairobi. Those present included Deputy Prime minister Musalia Mudavadi, Justice minister Mutula Kilonzo, Lands minister James Orengo, and Assistant minister for Justice William Cheptumo.

The Serena dialogue team at a meeting with Chief mediator Kofi Annan last month. They met Monday to strategise before Moreno-Ocampo meets President Kibaki and Prime Minister Raila Odinga. [PHOTO: FILE/STANDARD]

The team also included PM’s Adviser on Coalition Affairs Miguna Miguna and premier’s Administrative Secretary Caroli Omondi. The meeting was held in the 10th floor boardroom and went on for over 40 minutes before taking a break.

presidential referral

Notably absent was Attorney-General Amos Wako who has been instrumental in the discussions with Moreno-Ocampo and between Kibaki and Raila. It was he, Orengo and Mutula who signed the July 3 deal promising a presidential referral. Wako suffered the embarrassment of being banned from stepping on American soil by President Obama’s administration over what it saw as his resistance to reforms.

Sources revealed the meeting discussed reactions to Moreno-Ocampo’s demand that Kibaki honour the deal and use his executive powers to refer the Kenyan case to the ICC.

It is also believed discussions veered off to a response to Moreno-Ocampo’s option to Kibaki and Raila to decide if ICC trials should take place in Kenya and if those who will be convicted could serve their prison terms in Kenya.

Sources revealed the prospect of Ocampo’s arrival and his demands on Kibaki and Raila, along with international pressure on Kenya to fast-track reforms and end impunity and corruption, were unsettling to some of the top Government functionaries.

As one source put it, a rank of Government was grappling with the ‘fear’ of what could transpire, especially as it appears the prosecutor is nudging Kenya because of a belief she has reneged on her July promise.

Sources in Government revealed preparation of the agenda for meeting with the ICC Chief Prosecutor were on. The Party of National Unity and Orange Democratic Movement political blocs were trying to hammer out a consensus so as not to contradict each other.

Tight-lipped

Coalition partners ODM and PNU were understood to be looking at the options open to them, as Moreno-Ocampo’s agenda appears determined to prosecute those who organised or bankrolled the post-election violence in December 2007. But the Government remained tight-lipped on what message they had their ICC guest.

Another team allied to ODM reconvened at Treasury for closed-door a consultation with Raila but it was not immediately clear what discussions went on.

Sources said Kibaki and Raila might also meet to take a common position before the arrival of the man who has promised Kenya would be "an example to the world on how to end impunity".

This comes against the backdrop of building pressure from the civil society that the two principals should stand trial as "it was their supporters who fought each other in their names"

Moreno-Ocampo sent a secret letter to Kibaki and Raila, saying there was no reason based on the interest of justice, not to open an investigation into Kenya’s case.

The core of controversy has been whether Kenya would refer the post-election violence cases to ICC fully cooperate in arresting and handing over suspects who include powerful government officers and businessmen. Analysts have argued that Kenya has reneged on the July agreement with the ICC and made this clear when Annan met Kibaki last month.

On Sunday, Mutula told The Standard the issue of referring the case or fully co-operating with the ICC may or may not feature at the meeting between Moreno-Ocampo and the principals. The high-level delegation led by Mutula met with the prosecutor in July to explain the steps they envision during the upcoming year to investigate and prosecute post-election violence in Kenya. Some measures agreed required the approval of Parliament to pave way for a local tribunal by changing the Constitution.

"If there is no agreement from Parliament, and in accordance with the Kenyan commitment to end impunity of those most responsible for the most serious crimes, the Government of Kenya will refer the situation to the Prosecutor in accordance with Article 14 of the Rome Statute," read the agreement between Ocampo and Mutula.

It is this section of the statement that is causing heat among top coalition officials. State house has said the ministers had no authority to make that commitment. Moreno-Ocampo has reiterated his resolve to address the post-election violence of early 2008 with the Kenyan leaders in a three-pronged approach.

He argues to prevent recurring violence the approach would be attained with the ICC prosecuting those most responsible; national accountability proceedings as defined by the Kenyan Parliament, such as a Special Tribunal, for other perpetrators; and other reforms and mechanisms such as the Justice, Truth and Reconciliation commission to shed light on the full history of past events and to suggest mechanisms to prevent such crimes in the future. "Kenya will be a world example on managing violence," he stressed.

The Mutula-led delegation, which included Orengo, Wako, Miguna and Cheptumo, signed Government’s commitment to ending impunity for the crimes committed.

New violence

The delegation also stressed that prosecuting the perpetrators of the crimes then committed was necessary to prevent new violence ahead of the 2012 elections.

The Government of Kenya committed to referring the situation to the Prosecutor in accordance with Article 14 of the Rome Statute, unless the Kenyan Parliament could agree on a genuine national mechanism to prosecute those responsible for the crimes.

The ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

 

 

Read all about: International Criminal Court President Kibaki Raila Odinga Harambee House Kofi Annan

 

 

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