Cabinet meets today to discuss and possibly rubberstamp Kenya's planned pullout from the International Criminal Court through African Union Summit's Motion in July.
It also emerged the Cabinet will discuss a proposal to set aside Sh4.7billion to finance defence of public officials listed by ICC Prosecutor Luis Moreno-Ocampo should Pre-Trial Chamber II judges issue summons for them to appear in March.
Today’s session is expected to unmask the position President Kibaki and Prime Minister Raila Odinga have taken on the move, which follows the precedent set by Parliament through a Motion successfully moved by Chepalungu MP Isaac Ruto last December.
Kibaki has not shown his hand in the matter, though public officials perceived to be close to him are pushing for the AU initiative, while Raila is on record dismissing the pullout from ICC as ill-advised since it would not affect Kenya’s current cases at The Hague.
Parliament is also expected to open on Tuesday next week, two months earlier than the normal recess period, which could also be the next theatre on which the war against ICC could be fought.
The MPs last month gave President Kibaki 60 days to write to the UN on Kenya’s intended pullout, failure to which they threatened to sabotage Government business in the House.
Parallel to the secret plan to instigate Africa’s pullout from ICC, the Government is also going full-steam ahead for a local special tribunal, and the Cabinet meeting is expected to take a common position on this front too.
The Cabinet hopes this will dissuade ICC from pursuing the Kenyan case on the basis that it has a local mechanism meeting the international threshold on impartial investigations and trials.
The proposal to be put before the ministers is to have the Sh4.7 billion paid in three installments of Sh1.5 billion, Sh1.7 billion and Sh2 billion. Several ministers complained the agenda of the meeting was not circulated as per tradition.
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| President Kibaki and Prime Minister Raila Odinga take time off Gerishon Kirima’s funeral service in Kangema Tuesday for a chat, ahead of today’s Cabinet meeting where they will be centre of attention. [PHOTO: PMPS] |
"A communiquÈ will be released later, but the meeting took place and the Vice President will also be meeting President Museveni (of Uganda) on Thursday," said Kalonzo’s spokesman Mr Kaplich Barsito.
Prominent citizens
It is also expected that Public Service Minister Dalmas Otieno will proceed to Abuja this week to brief regional leaders on the matter.
The foreign visits are part of Kenya’s shuttle diplomacy to shore up support for the Motion to be set off by a friendly Arabic state.
The country, sources in Government reveal, does not want to be seen to behind the move to pull the rug under the ICC’s feet because six of its prominent citizens are waiting to know if ICC will summon them to The Hague to answer to charges of crimes against humanity.
Yesterday, Mr Otieno, who is one of the ministers said to have been tasked with lobbying African countries, declined to discuss the issue.
"We are meeting as a Cabinet tomorrow (Wednesday), and maybe a common Government statement will be issued after the deliberations. I have no comments as regards reports that I have been assigned duties outside the country over the ICC," said the Public Service Minister.
Today’s Cabinet meeting also comes after The Standard exclusively reported that a group of consultants and senior public servants were already working on a strategy to help the country sidestep future investigations by the ICC, and precipitate a credibility crisis for The Hague through courting an African rebellion.
President Kibaki summoned today’s Cabinet meeting amid reports already some ministers have been tasked with the responsibility of lobbying other African countries.
There are reports the matter has divided the Cabinet given that some with ministers like Mr Mutula Kilonzo and Mr James Orengo argue this could isolate Kenya from the international community, and reinforce perception the country was still in the stranglehold of impunity.
Political manipulation
Furthermore, recent opinion polls showed majority of Kenyans have more faith in ICC trials against post-election violence suspects than a local tribunal, which they fear is susceptible to political manipulation and influence.
Kenyans also see the Government’s move an attempt to let off the hook the six prominent personalities listed by Ocampo. They include Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, Head of Civil Service Mr Francis Muthaura and former Police Commissioner Maj-Gen (rtd) Hussein Ali.
Kibaki and Raila met at Harambee House on Monday in the presence of Kalonzo and Mutula Kilonzo to discuss the controversial withdrawal. It is reported the meeting was to discuss the dispatching of ministers on the lobbying mission, but a decision was taken to delay the fly-outs until Cabinet forged a common stand.
That is expected to happen today. Several of the President’s Party of National Unity’s ministers have backed the pullout from ICC. They include Mr Kiraitu Murungi, Mr Chirau Ali Mwakwere, Mrs Beth Mugo and Mr Njeru Githae. They all claim that the ICC discriminates against Africa, and is a Western tool of oppression against the continent.
President Kibaki is on record promising that Kenya will spearhead the formation of a special tribunal to handle the post-election violence cases and declaring those named will not be required to leave office because investigations were ongoing.
Kosgey and Ruto have, however, since left Cabinet, though for different reasons. But sitting in Cabinet today as it discusses the matter will be two of the ‘Ocampo Six’ suspects. Finance Minister Uhuru Kenyatta who is also the Deputy Prime minister will be in attendance, as will be Head of civil Service Francis Muthaura.
Law Society of Kenya Chairman Kenneth Akide and Imenti Central MP Gitobu Imanyara, who is spearheading the push for a local tribunal mechanism, scoffed at reports of Kenya’s renewed push to withdraw from ICC.
"Even if the AU was to support Kenya’s withdrawal, that will not affect current ICC proceedings. President (Omar al-) Bashir is not a member of ICC, but he has been indicted and is being sought after. The same will still happen to the six if they are summoned," argued Akide.
He advised the Government to leave the ICC cases to run their full course, but still move ahead to establish a local tribunal.
Decides otherwise
"Even if Kenya was to cease being a member of ICC, cases already there will continue to their logical conclusion unless the Prosecutor decides otherwise," he explained.
Imanyara said if MPs made good their threat against Kibaki, they would be "acting irresponsibly" since their actions would amount to interfering with the Executive, an independent arm of government.
"If the Executive decides to withdraw, it will bring a Bill to the House to that effect which we as MPs will debate and decide," added Imanyara.
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