Nairobi — KENYA will tomorrow sign an agreement allowing the International Criminal Court to set up base here as it pursues the post-election violence suspects.

This was revealed yesterday following a closed-door meeting between the visiting ICC Registrar Sylvana Arbia and the Cabinet Sub-Committee on ICC held at Harambee House, Nairobi.

The sub-committee is chaired by Internal Security minister George Saitoti and ministers James Orengo, Otieno Kajwang', Amason Kingi and Moses Wetangula are members.

Arbia, who arrived on Tuesday, issued a statement yesterday confirming the commitment which she said is an "inherent" obligation of the Rome Statute.

"I met today with the Cabinet sub-committee chaired by minister Saitoti to discuss the operational framework that is essential for the court to conduct its work in Kenya," she said.

Thanking the sub-committee, Arbia said the proposed arrangements are an inherent obligation in the Rome Statute.

"They are the same as those that other international organisations present in Kenya have to conclude," she said.

The sub-committee members lauded the "fruitful discussions" to review the progress made so far in facilitating the ICC to carry out its mandate.

Arbia's visit comes just when Kenya is under international and local scrutiny for hosting Sudanese President Omar Al-Bashir who is being sought by the ICC for crimes against humanity and genocide.

Bashir visited Nairobi on Friday to attend the new constitution promulgation ceremony. According to the Rome Statute, the Kenya government should have arrested and handed him to the ICC.

Kenya is now considered by the ICC as not committed to the Rome Statute which created the ICC.

"We have been and we are still ready to cooperate with the ICC to fulfil its mandate," Saitoti said during the press conference but declined to state to what level the government would cooperate with the court.

He was non-committal about the issue of arresting the post-election violence suspects once the warrants are issued.

"On whether we will arrest or not arrest those whose warrants will be issued will be discussed when that time comes," he said.

As proof of the government's commitment to the ICC, Saitoti said all relevant documents regarding the Kenya case had been submitted to the ICC.

Lands minister Orengo said the government had no choice but to comply with the court's decisions including honouring warrants of arrest against Kenyan officials if they are issued.

"Compliance is compliance... we are fully obligated to comply and we will comply. We cannot assume that a warrant will be issued but if it is, a requirement that we are supposed to carry out under the Rome Statute, then we definitely shall carry it out," he said.

If the government fails to sign the agreement tomorrow, it will be seen as refusing to cooperate with the ICC. This will however not stop the court from going ahead with its investigations and issuing warrants of arrest against the post-election violence suspects.

Arbia is in the country to explain the activities of the ICC and the measures being undertaken to help Kenyans understand the court processes.

The visit is a follow-up on the decision taken last March by the pre-trial chamber to authorise the Chief Prosecutor Luis Moreno Ocampo to open an investigation into the post-election violence.

Arbia is expected to meet with civil society groups, government officials and victims during her visit. She is also expected to discuss with the local authorities the measures needed to facilitate the ICC Registry's work in Kenya as well as meet with diplomats and representatives of international organisations and discuss how they can support the court's work.

Yesterday was not the first time the government has given similar assurance of its commitment to working with the ICC.

In August last year, Cabinet ministers led by Justice minister Mutula Kilonzo and Attorney General Amos Wako gave assurances that a local tribunal would be set up to deal with the violence suspects by September last year.

The two promised that the government would refer the matter to the ICC if it failed to set up the local tribunal. The government went on to miss the deadline and more than that, failed to refer the matter to the court.

The government not only failed to set up the local tribunal but also failed to refer the matter to the ICC forcing Ocampo to seek authorisation from the pre-trial chamber to start investigations. Ocampo got the go-ahead early this year.

If it signs the agreement tomorrow, the government will be committed to identifying and locating the suspects under investigation; assisting in the collection of witness testimony and evidence, as well as serving summonses and preserving the evidence collected.

The government will also be expected to assist in the protection of witnesses. It will be be expected to help the court in tracing and freezing of proceeds which were acquired as a result of the violence.