Fresh attempt to block Ocampo

The government could still move to block the International Criminal Court from investigating key post-election violence suspects, the Nation has learnt.

Sources within government said although ICC prosecutor Luis Moreno-Ocampo can win the approval of the Pre-Trial Chamber at The Hague to start the investigations, the government could use a 30-day window to oppose the investigations.

The disclosure came as it emerged that the government was seeking to take over a Bill by Imenti Central MP Gitobu Imanyara, which seeks to establish a local tribunal to try the suspects in Kenya.

The government, the sources said, intended to set up a local tribunal to convince The Hague court that it had not exhausted all judicial options of trying all the suspects.

Contacted on Monday, Justice, National Cohesion and Constitutional Affairs minister Mutula Kilonzo confirmed that he had sought the Cabinet’s permission to take over the Constitution of Kenya (Amendment) Bill, 2009, a private member’s Bill.

“I have suggested to them (the Cabinet) that I take over the Bill but I have not yet received the authority. However, I will have to amend it to meet the standards that I have always insisted on,” he said.

Not allow

The minister said he had raised the matter during a meeting with Mr Moreno-Ocampo.

However, Mr Imanyara declared he would not allow the government to take over his Bill, arguing that there was a sinister motive by people out to sabotage the process of punishing the key masterminds of the chaos.

The Chama Cha Umma (CCU) MP said he would ignore “feelers” by the government and would tomorrow morning move the Bill for debate in the House.

“I decided to bring a private member’s Bill to the House because the President and the Prime Minister have abandoned their mandate to lead from the front, in as far as ensuring justice for the victims of the election violence is concerned,’’ he said on Monday.

According to Mr Imanyara, the sudden interest by the government to set up a local tribunal to deal with suspects of the violence, in which 1,133 people died and 650,000 displaced, was suspect.

“There is a small clique in government bent on sabotaging this process and cover up for the key perpetrators of the violence,” he said.

He claimed the individuals had panicked on realising that the ICC prosecutor had moved faster than expected to handle the Kenyan case.

Although Mr Kilonzo’s plans to set up a local tribunal had not taken shape, he assured Kenyans that the main planners and executors would be punished.

“It (plans to set up a local tribunal) is not something that has coalesced. However, the window (to set up one) is not yet closed,” he said.

Source: www.nation.co.ke

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