Nairobi — Prime Minister Raila Odinga has asked politicians to stop panicking and await International Criminal Court chief prosecutor Luis Moreno-Ocampo's next course of action in the trial of post-election violence suspects.

The PM told those with clear consciences to volunteer themselves to the ICC for investigation.

"If you have nothing to fear, rest easy," he said as he gave an account to Parliament of the November 5 meeting between him, Mr Moreno-Ocampo and President Kibaki.

Ready to face trial

"You can go to The Hague voluntarily," Mr Odinga said, adding: "I don't know why people are panicking. Why is this causing so much tension and fear?"

The PM declared he would be ready to face trial at the ICC if implicated.

Dr Boni Khalwale (Ikolomani, New Ford Kenya) had asked for a statement from the PM on details of the meeting and whether implicated government officials would step down.

Speaking after the meeting with the ICC prosecutor, President Kibaki said the government remained committed to cooperate with the ICC within the framework of the Rome Statute and the International Crimes Act.

However, he made it clear that the preference was for a local judicial mechanism to deal with the perpetrators of the election violence.

In his statement to Parliament, Mr Odinga said the two principals told Mr Moreno-Ocampo that the government could not refer the matter to the ICC since it would amount to abdication of its responsibilities.

But it would support the ICC prosecutor's initiative to open investigations, which is also anchored in the Rome Statute.

"This only happens in failed states where there is a complete breakdown of law and order. Kenya does not belong in this category. This is a functioning government and we are not putting ourselves in that category."

Mr Odinga told MPs that they had told Mr Moreno-Ocampo that the Cabinet had instead, agreed to fast-track reforms that included among others, establishment of the Truth, Justice and Reconciliation Commission.

Responding to questions from MPs, the PM defended the government, saying its attempts to establish a local tribunal in line with the Waki Commission recommendations had been frustrated twice, resulting in chief mediator Kofi Annan handing over the Waki envelope to the ICC.

He said Mr Moreno-Ocampo indicated he was not ready to share the contents of the envelope. He said ICC would proceed and indict anyone who bore the greatest responsibility even if they were senior politicians.

"No immunity of any kind stops the ICC from indicting anyone, including the President and the PM," he said.

Opening investigations

During the November 5 discussions, Mr Moreno-Ocampo informed the two principals the crimes committed met the Rome Statute of the ICC threshold of opening an investigation.

They discussed the fact that the ICC proceedings could be held in Kenya, The Hague or any other contracting state.

And to protect witnesses, the PM has recommended tightening the Witness Protection Act. To this end, the ministry of Justice and Constitutional Affairs will come up with amendments.

Imenti Central MP Gitobu Imanyara had sought to know the steps taken to protect would-be witnesses so that "they are all safe and not subjected to disappearances."

Mr Danson Mungatana (Garsen) said there was a genuine fear among Kenyans that the government was refusing to formally refer suspects to The Hague because it was protecting members of its Cabinet.