Anthony Kariuki
9 July 2009
Nairobi — Former United Nations Secretary General Kofi Annan has handed over the envelope containing the names of Kenya post-election violence suspects to The Hague.
He said that he has done so after an agreement was reached between a delegation from the Kenya Government and senior officials of the International Criminal Court in Geneva.
"In light of that agreement, I wish to inform you that the Panel of Eminent African Personalities has handed over to the Prosecutor of the International Criminal Court, the sealed envelope and supporting materials entrusted to me by the Waki Commission on 17th October 2008," said the statement addressed to Prime Minister Raila Odinga and copied to President Kibaki.
Kenyan delegation
Mr Annan head a meeting with the Kenyan delegation comprising the Minister for Justice and Constitutional Affairs Mutula Kilonzo, Lands minister James Orengo, Attorney General Amos Wako and Mr William Cheptumo, the Assistant minister for Justice.
"We discussed the status of the implementation of the National Accord and progress on Agenda Four items reforms, including the modalities of the establishment of a Special Tribunal, as recommended by the Commission of Inquiry into the Post Election Violence in Kenya," said Mr Annan.
"The next day on the 3rd of July 2009, the delegation of the Government of Kenya met with senior officials of the International Criminal Court including the Prosecutor Mr Luis Moreno Ocampo, and came to an agreement."
Specific mission
The Kenya delegation left for Geneva, Switzerland on June 30 on a mission to convince chief mediator Kofi Annan to give the government more time to form a local tribunal.
Said Justice minister Mutula Kilonzo: "This is a trip with a specific mission which we have to accomplish. It has to do with the tribunal, but I cannot reveal the details now."
"The consultative meeting is also meant to explore ways of tackling impunity once and for all. The post-election violence was just a tip of the iceberg. We also have to deal decisively with impunity that has been prevalent throughout post-independent Kenya."
Opinion has been sharply divided among Kenya leaders on which way would be best to try the suspects: A local tribunal or the ICC route.
Both President Kibaki and PM Odinga favour the local solution, but most MPs are opposed to the idea saying that the trial could be manipulated by politicians.
Local tribunal
Attempts to form a local tribunal were thwarted after MPs defeated a motion in Parliament meant to pave way for a Special Tribunal in March this year.
At least 1,000 people were killed while 350,000 others were rendered homeless in the violence that was sparked by a disputed presidential election in 2007.
Mr Odinga, then the opposition Orange Democratic Movement (ODM) presidential candidate, claimed he had been rigged out of victory by the Party of National Unity and its candidate President Kibaki.
Mr Annan brokered a peace deal that brought together the two antagonists on a power-sharing agreement under the Grand Coalition Government.
Mr Odinga was named Prime Minister and MPs from his party joined government.
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I think thats the right move now. the kenyan Government had been given enough time to decide on establishing a local tribunal. besides it the rate of corruption with our kenyan leaders is very high and establishing a local tribunal wont lead to justice being done. corruption will creap in as usual and and those reponsible for the death of many kenyans will still sneak out untouched. the kenya top politicians and their ministers are busy grabbing the country's wealth for themselves and care very little about the voice of the suffering "mwanainchi". what has the coalition government done so far? look at the increasing crime in the Nairobi city, look at the corrupt ministers who are associated with embezzlement, look at the starving kenyans, all this is coz of high corruption in our country. our politicians are making our country stink!! my advice to fellow kenyas, "stop being used by politicians like fools. when given sh100 to go and murder a group of people you just go. the politician benefits en u after shedding inocent blood you remain in your utter poverty. lean to use your literacy wisely". kenyas who dont support the hague then support corruption. let the guys be tried in the hague and let the public lean to have peaceful democracy like other nations in the world. we have driven our economy to the bottom with millions being spend repairing the damage of the post election violence. please kenyas act wisely, think wisely!!
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