Nairobi — The Government has signed 16 articles of understanding that would see the International Criminal Court (ICC) set its base in Kenya, ease its work, track and follow up on the perpetrators of 2007 post-election violence locally.

ICC registrar Silvana Arbia was happy with the government's move, saying she trusts the State would fully respect its obligations under the Rome Statute.

"With the exchange of letters, the operation of our legal framework in Kenya is in place," Ms Arbia said.

The agreement signed by Foreign Affairs Minister Moses Wetang'ula on behalf of the government allows the ICC to establish its premises in Kenya and that its property and assets including archives and documents shall be inviolable and immune from any legal process.

ICC flag

And Kenyans will soon be seeing the ICC flag in the country as it is now entitled to display its flag, emblem and markings at its premises and on its vehicles.

"The court alone may consent to the entry to its premises of any government officials or of any other person not an official of the court," the agreement made available to the media, states.

The ICC shall further have international legal personality and shall also have such capacity under Kenyan laws for the exercise of its functions.

The articles signed in the presence of other members of Cabinet committee that coordinates issues between the Government and the ICC accords it the right to establish offices, camps and other premises for its operations and accommodation of staff. The Government is to facilitate the work of international or local contractors for the establishment and management of the facilities.

The ICC's assets, income and other property and its operations and transactions will be exempted from all direct taxes. The court will also be exempt from all custom duties, import turnover taxes and prohibitions and restrictions on imports and exports for the items for its official use.

Kenya is to also accord the ICC the right to use all means of communication including codes, cipher, courier or sealed bags for the dispatch and receipt of correspondence with the same privileges, immunities and facilities as diplomatic couriers and bags.

Communications and correspondence of the court shall not be censored. The ICC will have a right to operate radio and telecommunications equipment on any frequencies allocated to it by the Government.

The Government undertook to facilitate the administrative arrangements necessary for the fulfilment of the Court's activities, such as registration of vehicles and international personnel, recruitment of locals, opening bank accounts in any currency, entry and usage of mobile and fixed data processing equipment, communication frequency assignment, as well as acquiring and renting immovable property.

"In this regard, the Government undertakes to facilitate prompt issuance of all necessary authorizations, permits, and licenses required for the importation or purchase of equipment, provisions, supplies, materials, and other goods in support of the Court's operations, including for the accommodation of the Court's officials and staff," the agreement notes.

The Government is also obligated to assist ICC acquire other materials like maps for its work and ensure the safety and security of its staff, counsel and persons assisting them including witnesses, victims, experts, contractors, the premises and its operations.

Carry arms

Security officers of the ICC might wear their uniform and carry arms.

The officials and staff of the court shall enjoy the privileges and immunities, exemptions and facilities, which are crucial for independent and effective performance.

Victims, witnesses and other persons required appearing before the ICC, as well as counsel, their assistants, experts and contractors are to also enjoy privileges, immunities and facilities necessary for their appearance before it or for independent and effective performance of their functions.

"They shall enjoy immunity from personal arrest or detention and inviolability of their documents, materials and communications," the agreement states.

The ICC officials, staff and property will move freely in the country.

The officials and staff are to however refrain from any action or activity incompatible with the impartial and international nature of their duties or inconsistent with the arrangement with Government. They would be required to obey local laws and regulations.

Visas to those dealing with ICC are to be granted speedily without any charges.

Further, the ICC shall enjoy same treatment accorded to any intergovernmental organisation or diplomatic mission in the country.

The agreement primary purpose is to enable the Hague based organisation "fully and efficiently discharge its mandate and fulfill its purpose in the territory of Kenya."

It came into effect on Friday and would remain in force until its amended or terminated by agreement of both the Court and the Government of Kenya.

The agreement follows the ICC Pre-trial Chamber authorization of investigations in Kenya in March and Ms Arbia reiterated on Friday that the court had started its work in the country.

The Kenya International Crimes Act 2008 allowed for the Government's cooperation with ICC. Kenya had however not signed the Agreement on Privileges and Immunities of the Court to enable it fully an effectively discharge its mandate which it did on Friday.

Gazette the agreement

Attorney General Amos Wako said the Government had looked at the agreement, studied it and agreed to comply with all its aspects.

Mr Wako said Kenya had accepted ICC work by domesticating the Rome Statute.

Mr Wetang'ula said the privileges and immunities would be gazetted in the next seven days.

Present were Immigration and Registrar of Persons Minister Otieno Kajwang, Fisheries Minister Amason Kingi, Internal Security Minister George Saitoti and Lands Minister James Orengo.

Although Ms Arbia was supposed to sign the agreement, she did not do it before the media after Mr Wetang'ula appended his signature. The press conference at Harambee House was also delayed for some time as the ministers waited for Ms Arbia.

Contacted, Kenya National Commission on Human Rights official Hassan Omar termed the government and ICC's move as "extremely positive."

"It shows the government's direct commitment to cooperate with the ICC. It signifies that the government is willing and ready to work with ICC at this crucial stage," Mr Omar said.

Mr Omar said the signing of the agreement would boost Kenyans confidence that perpetrators of 2007 post election violence would be punished.

The KNCHR commissioner said their has been a push by the wider civil society for the ICC to set a coordinating office in Kenya but some feared it could be infiltrated by key suspects or it would be under government surveillance.

Mr Omar said it would be easier for witnesses and victims to reach the ICC and demystify the misconception on the ICC that it is difficult to access or only deals with few witnesses.

On Thursday, the ICC revealed that 396 victims of 2007 post-election violence have formally given information to it. It also revealed that it is protecting unspecified number of witnesses.

Not all witnesses will however testify against the perpetrators of the chaos, Ms Arbia, said.

Ms Arbia arrived in the country early this week to prepare the ground for the setting up of the local operations of the court.