ODM split over handling of The Hague suspects

By Biketi Kikechi,Political Editor
Counter-attacks by senior leaders in ODM have exposed sharp difference over the handling of cases of the ‘Ocampo Six’.
Party leader Raila Odinga yesterday declined to answer questions on the contradictory positions the party has taken on hiring of lawyers for three of the Ocampo Six.
He referred journalists to Secretary General Anyang’ Nyong’o when asked about the intended hiring of lawyers for three of the suspects linked to the party.
Later in the day, Roads Minister Franklin Bett added his voice to the infighting in the party by blaming Prof Nyong’o for "going against positions taken by the party" on ICC cases. "We held a meeting on Thursday, which was endorsed by Prime Minister Raila Odinga and read by the party’s Parliamentary Group Meeting Secretary Ababu Namwamba. We resolved that the party hire lawyers for the three party members," Mr Bett added.

ODM leaders during a press conference at Parliament Building. [PHOTO: BONIFACE OKENDO/STANDARD]

But after the joint statement, Nyong’o contradicted the statement saying it was not the official ODM position.
Legal Aid
This happened even as it emerged yesterday that Kenya’s Ambassador to the UN had written to the UN saying ODM had softened its stand on the ICC trials.
The twists and turns in ODM continued when Nyong’o sent a short text message to the Press stating that the party had not decided on hiring of lawyers.
"That is the imagination of a few individuals peddling vested interests," said Nyong’o.
He insisted that the party had ‘NOT’ discussed or agreed to any legal aid to any of the Ocampo Six, and any statement attributed to the party in that regard was a personal view.
It is not clear why the party is fighting over the hiring of lawyers, but political analysts said it was probably because the MPs think the party and its leaders could be adversely mentioned during proceedings.
ODM Chief Whip Jakoyo Midiwo supported the view that the party would hire lawyers to represent the party at The Hague since it has been adversely mentioned in post-poll violence.
"In these cases, members of ODM have been adversely mentioned. Hence, it is necessary to have legal representation for the party at the International Criminal Court," said the Gem MP.
Local Tribunal
ODM MPs led by Namwamba at a press conference at Parliament Buildings on Thursday confirmed the position referred to by Bett. The MPs said the party had identified legal experts who would accompany and defend the three ODM members summoned by the International Criminal Court.
The Namwamba group assured Kenyans that the party would sponsor a Bill in Parliament next week to set up a credible local tribunal to try the Ocampo Six if ICC charges them.
Speaking in Bureti constituency yesterday, Bett wondered why Nyong’o denounced the statement and warned that it would heighten confusion over ICC cases. The Roads minister also accused ODM secretary general of unilaterally writing to the United Nations Security Council to oppose the move by a wing of the ruling coalition to have the UN body support Kenya’s move to have the two cases deferred for one year.
"If they do not want to hear our views, then they should leave us alone. We have called on the PM to clarify our party position," he said.
The veiled threat by Bett carries weighty implications because his departure from the party would further erode support for the party in the South Rift.
Bett’s presence still gives ODM a window of opportunity after the exit of influential Kalenjin MPs led by Ruto, Henry Kosgey, and Sally Kosgei
Yesterday, Ruto scoffed at the legal aid offer from ODM. He challenged the party to first withdraw the hostile letter Nyong’o sent to the ICC before offering legal help. "We also want to know why the sudden change of heart from the party," said Ruto.
Raila’s response to the media yesterday was seen as a shift from the position taken by the Party’s National Executive Committee and Parliamentary Group in Nairobi on Tuesday.
The party statement released after the meeting read: "ODM reconfirms that the party’s often-stated position is that in the event of a credible local tribunal, the ICC process should be referred. The party is prepared to sponsor a Bill to fast track the process."
It later emerged that the meeting chaired by Raila agreed to hire lawyers for Ruto, Kosgey (Tinderet MP), and Joshua Sang (Radio talk show host).
It is worth noting that Raila left immediately after chairing the meeting, handing the task of media briefing to Nyong’o and Namwamba.
NEC Resolution
Yesterday party leaders allied to Raila declined to comment on why the PM and other top party officials led by Nyong’o climbed down from the NEC/PG resolution.
What remains clear though, is the fact that three senior leaders, Charity Ngilu (Ukambani), Amason Kingi (Coast) and Deputy Speaker Farah Maalim (North Eastern) lobbied the NEC/PG to offer legal and material support to the Ocampo Three allied to the party.
The meeting also reportedly agreed to push for a local tribunal so that the cases could be tried locally.But the following day, Raila told Parliament only the US’s Federal Bureau of Investigations or Britain’s Scotland Yard detectives could investigate post-election violence suspects as a pre-condition for a local tribunal. "They should prove their innocence at The Hague instead of declaring it to their ethnic communities," Raila told Parliament.
Multiple sources had earlier told The Standard On Saturday the decision was arrived at during a meeting chaired by Raila at the party’s Orange House headquarters.
"Ngilu, Kingi and Farah said some of the suspects like Mr Sang had made an appeal for assistance and they should be assisted," said Midiwo. Kingi represents ODM on the Cabinet sub-committee handling the ICC case on behalf of the Government.
Additional reporting by Edwin Cheserek, Mangoa Mosota and Peter Mutai