The stern warning from Hague

By MARTIN MUTUA and DAVID OHITO

The Hague has warned Kenya's shuttle diplomacy across African capitals in search of support for her cases to be deferred is a waste of time. The visiting President of States signatory to the Roman Statute, that include Kenya, which is now uneasy with the collective decision, also asked the country to negotiate for the deferrals directly with ICC. Ambassador Christian Wenaweser said Kenya's current proceedings before ICC were irreversible and it is a futile exercise to try and lobby the AU.

He spoke ahead of the President’s travel on Saturday to AU Summit in Ethiopia where Kenya initially plotted to instigate Africa’s pullout motion from the Roman Statute.

Government sources revealed the President would present his case at an Inter-Governmental Authority on Development (Igad) leaders’ meeting in Addis before attending the main meeting.

Visiting President of the Assembly of State Parties to Rome Statute Ambassador Christian Wenaweser, addressing a press conference in Nairobi on Thursday on arrival from The Hague. [PHOTO: ANDREW KILONZI/STANDARD]

It is believed the President would be flying out hanging on the hope his side of Grand Coaliton Cabinet, through Kalonzo’s blistering tours of select African States, has won over the continent to support Kenya’s push for deferral.

ICC’s Pre-Trial Chamber II judges are scheduled decide on whether there is evidence to sustain charges against the six named by Prosecutor Luis Moreno-Ocampo.

But even as the President leaves Kenya, AC Commission Chairman Jean Ping, who is on record dismissing Kenya’s prayers on ICC, received a letter from Wenaweser asking the continental body to show its commitment to fighting impunity in Africa, and mainly Kenya. The head of ICC political wing was in Addis before coming to Kenya.

Wenaweser’s statements were a direct reference to the numerous trips Kalonzo, who claims he is acting on President’s orders, had made and continues to make to African capitals to lobby for support for Kenya’s case on the basis that it now has a credible judicial and constitutional system.

At the same press conference, held a day after Prime Minister Raila Odinga and Justice Minister Mutula Kilonzo disowned Kalonzo’s invocation of the Cabinet and President’s name in his trips, was Lands Minister James Orengo.

Orengo called on Deputy Prime Minister Uhuru Kenyatta and Head of Civil Service Francis Muthaura who are in ICC list, to step aside because their positions in Government were too powerful and could allow them to meddle in the State’s position on ICC-related issues.

"There are elements within Government who are subjects of investigation and there are fears they are too powerful for credible investigation to go on while in office,’’ said the Lands minister who is a member of the Cabinet sub-committee on ICC.

Crying out for help

He also took on Kalonzo arguing: "The Executive is not just the President. For some body to argue he was merely an envoy (of the President) sends wrong signals of entrenching impunity at a time we have victims crying out for help in IDP camps."

Asked whether the President will be attending any Igad meeting, the Presidential Press Service Director Isaiya Kabira said AU meeting was the main business Kibaki was going for.

Wenaweser, who is on a two-day visit said: "The stage of proceedings is irreversible and we look forward to continued co-operation from the Government and that is the purpose of my mission."

"The recent developments are interesting and I am here to discuss with Government officials, and civil society on how best Kenya can co-operate," he added, after a meeting with Orengo in his Ardhi House office.

Wenaweser argued the philosophy of ICC was founded on the principle of punishing crimes and said he travelled to Addis to reinforce the message to Africa countries including troubled Ivory Coast. "Particular conversations with intentions of commencing local proceedings should be raised with ICC within the framework of ICC," he explained.

"There exists clear legal frameworks for deferral under ICC terms. Kenya is an active member, which ratified the Rome Statute and within Government institution no such decision to withdraw has been discussed," argued Orengo.

He said the Government pleaded for time to set up local mechanism but failed. Again the country requested for delaying of ICC action to pave way for a peaceful referendum to endorse new laws, he went on.

Separately, according to documents obtained by The Standard a team of ICC investigators already in the country have made it clear they do not require any Government assistance as they wind up their probe.

"In furtherance of our investigative activities and in accordance with the Rome Statute and the agreed procedures, I hereby wish to notify you of the travel of a team from our office to Nairobi between 18 and 19 January 2011 in relation to our investigation into the situation in the republic of Kenya," wrote Amadya Ba, ICC Head of International Co-operation Section, Jurisdiction, Complementarity and co-operation Division.

The team is in the country, according to the documents, to discuss with the Government how ICC requests will be implemented should judges indict the six suspects.

The team also wants assurances from the Government it would help in freezing of assets of those against whom summonses to appear would be issued.

The other request the team discussed with the Government were formalities for tax exemption and other issues related to the implementation of the exchange of letters regarding privileges and immunities, which ICC had requested through several letters which the government never replied.

The other team of investigators, which left the country last week, requested voluntary meetings with key Government officials.

"Please be informed that any meetings will take on a voluntary basis and that no assistance is required from the Kenyan competent authorities," read the letter addressed to Internal Security Minister George Saitoti, who chairs the Cabinet Sub-committee on ICC.