Britain asserts that Ruto, Uhuru be tried by ICC
Photo|FILE|PMPS British Minister for Africa Henry Bellingham (left) at Prime Minister Raila Odinga's office in Nairobi on March 16, 2012. The two leaders held another meeting on May 1 in London after a request by the PM through the Kenyan High Commission in London.
By BERNARD NAMUNANE (bnamunane@ke.nationmedia.com)
Posted Saturday, May 26 2012 at 22:30
Posted Saturday, May 26 2012 at 22:30
IN SUMMARY
- The British told the PM that the London position on the ICC had not changed. Mr Odinga, according to his spokesman Dennis Onyango, is concerned that the ICC “has become an election issue” and “is divisive”.
The British government has told Kenya that it will not change its position about the International Criminal Court and the cases before the Hague-based court must run their full course, whatever the outcome.
The message was relayed to Prime Minister Raila Odinga who, on May 1, held talks with the UK minister for Africa Henry Bellingham in London.
The previously unreported meeting, theSunday Nation has learnt, was arranged at the request of Mr Odinga through the Kenyan High Commission in the UK.
The UK government subsequently wrote to its high commission in Nairobi stating that its position on the prosecution of Kenyans facing charges arising out of the 2008 post-election violence is that the cases should go on as scheduled by the ICC.
The British High Commission in Nairobi confirmed the meeting following inquiries by the Sunday Nation.
The meeting
“We can confirm that a meeting between FCO (Foreign and Commonwealth Office) Minister of State for Africa, Mr Henry Bellingham, and PM Odinga took place in London on May 1. The meeting was arranged at the request of Kenya’s High Commissioner.
“Mr Bellingham reaffirmed our view, which is well known and shared by others in the international community, that Kenya should continue its cooperation with the ICC,” said the statement from the British High Commission.
“We recognise that it is a difficult process and welcome cooperation by all. Working with this independent judicial process will bring great credit to Kenya that other countries can follow. It will help deliver justice, whatever the outcome, for victims of the violence,” the statement added.
Mr Bellingham had earlier visited Kenya after the tabling in Parliament of a letter, which the British dismissed as a forgery, which alleged that the British were using the ICC cases to advance a political agenda in the country. (VIDEO: Minister distances UK from ICC dossier)
The UK currently holds the presidency of the UN Security Council. If their position on the trials were to change, that would raise the possibility of the success of a request for deferral at the UN.
Britain often votes together with the other Western veto-wielding powers – France and the US – while the other members of the Security Council, China and Russia, rarely vote in support of the ICC.
Mr Odinga, through spokesman Dennis Onyango, told the Sunday Nation that the PM was concerned that the ICC question had become an election issue and a divisive one.
“As with any international meeting, the British were keen on the ICC. The PM expressed frustration about the turn of events where someone is trying to make it an election issue.
“He wished that this was not the case and said Kenya would abide by the court process. The British later told him that ICC should proceed as it is,” Mr Onyango said.
Last Thursday, the ICC Appeals Chamber threw out the appeal by Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Civil Service head Francis Muthaura and Kass FM presenter Joshua Sang challenging the court’s jurisdiction over the cases. (READ: ICC rejects Ocampo Four’s last appeal)
The ICC has named three judges to hear the case and, last week, the Trial Chamber set June 11 and June 12 as the dates for the status conference to agree on the modalities of the proceedings.
During the conference, they will also agree on the date the trials will start. The prosecution arising out of the violence which followed the 2007 elections has divided the political class.
Mr Kenyatta and Mr Ruto accuse Mr Odinga, who is their main rival, of pushing for the crimes against humanity trials in order to smooth his path to State House.
The PM has denied the accusation, blaming the two for leading MPs in Parliament to thrice defeat efforts by the government to establish a local tribunal which would have made it possible for them to be tried on Kenyan soil.
In earlier statements, Mr Odinga had said that those facing crimes against humanity charges should be in jail instead of going round the country using their cases as an election campaign issue.
Despite this hard-line position, there have been suggestions that within the PM’s camp there are those who see different possibilities. Speaking in Wareng district in the North Rift last Friday, the PM appeared to soften his stand on the ICC trials.
He told mourners at the burial of an ally Mr Joseph Kogos that he was confident there would be justice for Kenyans facing charges at the ICC as well as the victims of the post-election violence.
The Saturday Nation quoted Mr Odinga as saying: “It is our hope that there will be justice in the end. Mr Henry Kosgey was there and he came back after some time.”
Regional Development minister Fred Gumo – a close ally of the PM – early this month said the cases facing Mr Kenyatta and Mr Ruto should be deferred until after the elections so that Deputy Prime Minister Musalia Mudavadi does not become the beneficiary of their trials.
Mr Gumo, who was recently appointed acting Local Government minister in place of the Mr Mudavadi, spoke during the homecoming ceremony of Justice minister Eugene Wamalwa in Kitale after his appointment. Mr Kenyatta and Mr Ruto were at the function.
Suffering of families
In a statement to media houses in January, Mr Odinga’s wife Ida said the cases should be brought back home, adding that she understood the suffering of the families of the accused. (READ: Ida calls for local trial of ICC suspects)
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