Blame game: ODM and PNU MPs throw brickbats

By David Ochami

Accusations and brickbats flew between the Party of National Unity and Orange Democratic Movement, as both seemed to spill the beans on what could have transpired during Kenya's darkest hour.

Both sides blamed each other for 2007-2008 post-election skirmishes and hilariously pointed out the other to Chief Prosecutor Luis-Moreno-

Ocampo as the International Criminal Court tightened grip in the political circles. Members of President Kibaki’s PNU, and Prime Minister

Raila Odinga’s ODM exchanged fire on the day ICC lead investigator Dirk Freiman returned to the country reportedly to get back on the track for the minutes of high-level security meetings during the turbulent period.

He is also believed to be coming back to assess the security implications for his detectives following claims by central Kenya leaders that ICC was targeting their community.

PNU MPs called a press conference where they said that the ICC should focus on the leadership of ODM as much as it has shown ‘appetite’ for State activities. The MPs claimed ODM, which was the opposition party in 2007, was responsible for igniting the mass action that accompanied the violence in which 1,300 people were killed.

On the other hand, ODM MPs who also called another press conference, defended their party from the accusations, and claimed the fresh claims were an attempt to "defend impunity".

The new stage of conflict in the coalition was opened by ODM MPs allied to Higher Education Minister William Ruto who, on Wednesday, claimed that the ‘Pentagon’ was responsible for planning mass action and should be held responsible for the loss the country suffered.

The row appeared to overshadow the next step for the ICC engagement in Kenya, which was supposed to be taking of statements from Provincial Commissioners and police chiefs who served in the hotspots during the chaos.

The ODM-PNU flare-up over ICC came even before the two parties disentangled the standoff over who among them should lead the new House Constitution Implementation Committee.


"Lies by PNU and Ruto's allies wouldn't alter ICC probe or transfer guilt and culpability over the violence" {PRO-RAILA MPs}

The new row began just when it appeared that the Government had put its act together and healed the fissures opened up by referendum campaigns. It also imploded as the State appointed High Court judge, Justice Kalpana Rawal, to sit in when ICC investigators finally interview PCs and PPOs from the violence hotspots, where State agents executed 400 youths.

Fresh accusations

Taking statements from PPOs and PCs was postponed earlier after the Government delayed in appointing the judge. The PCs and PPOs hired lawyers either out of fear they could be targets of the probe or to shield themselves against reprisal by their seniors and self-incrimination.

Yesterday, it also emerged Attorney General Amos Wako had requested ICC for more time to hand over the minutes of security meetings held by Government officials during and before post- election violence.

Sources familiar with the ICC engagement with Kenya said Wako had written to The Hague requesting for more time. This week, the AG and national spy agency boss Michael Gichangi were expected to hand over the minutes they had isolated, for the ICC, to the sub-committee of Cabinet for further vetting. They, however, failed to do so and were given until Tuesday to comply.

Over the last few weeks, PNU politicians have been claiming ICC was biased in its investigations, especially after focus shifted to possible State actors in the mayhem.

Yesterday, the plot appeared to thicken when MPs from the President’s party, insinuated ICC was overlooking ODM’s role in the violence. From the beginning, however, Moreno-Ocampo has made it clear there were State and political actors in the violence.

The fresh accusations and attempts to spill the beans on each other appeared aimed at setting the agenda for ICC investigations to pin down political actors.

But observers feel PNU was shifting gears too late in the day because at the height of the violence, ODM was recording and profiling what it called crimes against its supporters to the international community and the United Nations. PNU rebuffed the international mediators at first and even gave the UN Special Rapporteur on Extra-judicial Killings and Arbitrary Arrests, Philip Alston, the cold shoulder when he was sent to Kenya.

War Machine

The PNU MPs who included Naivasha MP John Mututho – in whose constituency matatu passengers from certain communities were ejected and killed as those in the estates were burnt or clobbered to death — argued ICC, should avoid conducting a biased probe against. Among those with him were Kaloleni Kazungu Kambi and Kamukunji MP Simon Mbugua.

They urged Moreno-Ocampo to focus on ODM ‘Pentagon’ — which included Cabinet ministers William Ruto, Musalia Mudavadi. PNU claimed the Pentagon was "the war machine" responsible for the chaos.

Kambi said, "the ICC should investigate the Pentagon," alleging the ODM top organ "was involved in post-election violence". The Kanu MP said the ICC was summoning witnesses showed a bias, and argued: "Investigations should begin from the Pentagon. It was the war machine. Who was in control of this war?"

Mbugua claimed the Pentagon was responsible for fanning the propaganda and hate message against his community.

But ODM MPs hit back at the PNU leaders, and the group allied to Ruto, led by Chepalungu Isaac Rutto.

ODM Kipekelion MP Magerer Langat accused the PM’s critics of being "isolationist leaders and self-appointed spokesmen and spokeswomen". He said the group allied to the Higher Education minister has "prophesised doom" and also claimed thousands of Kalenjin youths are still in jail over post-election violence.

Nyando MP Fred Outa argued, "Peddling noises and lies" by PNU MPs and William Ruto’s allies would neither alter the ICC investigations nor transfer guilt and criminal culpability for the violence.

MP John Mbadi of Gwassi accused PNU and Ruto allies of "cheap, simplistic and diversionary tactics by people who have a case to answer" before the ICC.

Mr Mbadi said the Rome Statute has defined international crimes and added mass action and protests over "a stolen election" is not one of them.

The MP said Moreno-Ocampo’s critics are trying to incite ethnic passions by "tribalising and trivialising" a serious matter.

"Ocampo is not looking for Kalenjins, Luos or Kikuyus. He is looking for individuals who have a case to answer," he added.

Kisumu Town East MP Shakeel Shabbir said State agents pursued a policy of extermination in Kisumu Town.

"At no time did we members of Pentagon meet to call for destruction property or killing of anyone," said Balala, adding: "What happened in Rift Valley was never organised by ODM or any organ of ODM."