Friday, January 27, 2012

How ICC claimed Kibaki’s lieutenants



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By EMEKA-GEKARA MAYAKA 
Posted  Thursday, January 26  2012 at  22:30
A phenomenon called the International Criminal Court which entered the national conversation after the 2008 violence has raided President Kibaki’s household and claimed some of his political children.
Its biggest casualty is the President’s favoured successor, Uhuru Kenyatta, and most trusted civil servant, Francis Muthaura, who have been pushed out of their powerful positions.
It would be remembered that Mr Kenyatta in 2007 abandoned his presidential ambitions to join President Kibaki who later appointed him to his Cabinet. And aging Muthaura opted not to retire to serve President Kibaki, his confidant.
But the violence after the disputed re-election of President Kibaki which claimed more than a thousand lives has dramatically upset the relationship and threatened their careers.
After the violence, the Waki Commission on August 15, 2008, recommended the prosecution of high profile individuals.
Political shenanigans
Two options were suggested: the government sets up a local tribunal to try the suspects or the ICC takes up the matter.
Crowded in political shenanigans, majorly driven by self-interest and desire for self-preservation, a highly divided Parliament could not pass the relevant law to set up the tribunal within the set deadlines.
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President Kibaki and Mr Odinga pleaded for more time and committed to enact two tribunal Bills in vain.
The then Justice Minister Martha Karua and later on, Imenti Central MP Gitobu Imanyara attempted in early November to push for the tribunal Bill but it was spurned by MPs.
Impatient, chief mediator Kofi Annan handed the envelope containing the Waki suspects to Mr Moreno-Ocampo.
This marked the start of the second-phase of highly charged episode which saw the Ocampo Six the ICC facing crime against humanity allegedly committed during the violence.
Charges against Mr Kosgey and Mr Ali have been dropped.One issue sticks out in the debate: The ICC took up the Kenyan cases due to government’s failure to set a credible mechanism to try the suspects at home.

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