Monday, March 21, 2011

Kenya's deferral bid at UN still on course, Mutua says

By BEAUTTAH OMANGAThe Government has not given up hope in convincing the United Nations Security Council to defer trial of six Kenyans at the International Criminal Court.
Government Spokesman, Alfred Mutua, said fresh efforts were under way to convince the UN on the need to defer the trials for a year, saying last week’s meeting where Kenya was reportedly denied the plea was part of a three-series consultative meetings at the highest level.
Mutua said: "The Government, through its envoy at the UN, will be explaining to some of the Council members who sought more information on why the trials should be deferred for a year. That task will be undertaken in the second round of the consultative forum to be organised soon."
He said some countries were still supportive of the petition, but only needed additional information on why the country wanted a year before any trials commence.
Talking to The Standard at the weekend, Mutua said the efforts were not geared at defeating justice, but to help the Government initiate local trials.
During last week’s meeting at the UN headquarters in New York —an informal special meeting convened to discuss Kenya’s plea through the AU — it was felt the country had not convinced the council to approve the deferral.
It was reported that some members in attendance, led by the ambassador of France, opposed the petition and advised that the country approaches the ICC directly under Article 19 of the Rome Statute.
Justice Minister, Mutula Kilonzo, has reiterated that the most suitable option for the country remains dealing with the ICC directly.
Even though Mutua did not give details of the Government plot to win at least the mandatory nine security council members, other sources in Government said top on the list would be to convince those six nations that sought for more details.
The targeted countries include Germany, Brazil, Colombia, Bosnia and Lebanon, where efforts will be concentrated to see them vote with China, Russia and India, who are said to be behind the appeal.
All the three African states in the council —South Africa, Nigeria and Gabon — have stood by the AU decision to support the deferral.
"Kenyan is targeting the nine members states who are required for any deferral to hold, and that is what the Government is looking at," said a top Government official on condition of anonymity.
And Vice-President Kalonzo Musyoka denied the deferral bid had failed.
The VP said the bid could only be rejected if the Security Council convenes formally.
"There is a fallacy that our efforts have hit a dead-end. We did not hold a formal deliberation with the Council, but had only sought for an informal meeting which, will not provide a final verdict until a formal meeting is held," the VP said.
Kalonzo disclosed that Kenya had a multi-pronged approach to the ICC matter including invoking Article 19 of the Rome Statute.
Speaking at St Joseph’s Seminary School in his Mwingi North Constituency, Kalonzo said his shuttle diplomatic mission was not intended to protect the suspects from prosecution, but to seek adequate time to have the suspects tried locally.
—Additional reporting by Paul Mutua

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