Kenya: Country Allows ICC to Probe Poll Violence

Kenya has signed an agreement with the International Criminal Court (ICC) to probe those responsible for the 2007-2008 violence that claimed at least 1,133 lives and uprooted more than 600,000 from their homes.

Kenya's government gave the green to the ICC on September 3 and the stage has been finally set for the court to set up base in Kenya as a first step towards punishing the perpetrators of the violence.

The agreement signed by the government grants ICC judges, prosecutors, investigators, administrators and other staff the same status enjoyed by foreign diplomats.

It also gives them powers and privileges to move in and out of Kenya, the right to deploy its own armed officers, to import goods duty free and enjoy protection against arrest and prosecution.

By signing the agreement, the government also implicitly gave permission to the ICC to set up a court in the country to try post election violence suspects if it wanted. The signing followed a visit to Kenya by the court Registrar, Ms Silvana Arbia.

Earlier there had been concern that the agreement might not be signed after an initial meeting at the Office of the President on September 1 ended without an agreement, and with the ICC team staying away from a news conference addressed by Internal Security minister George Saitoti.

The signing of the articles also showed the government's commitment to take the ICC process seriously and binds it to cooperate fully with the body until it completes its work.

ICC registrar Silvana Arbia, whose office serves both the prosecutor's and the defence, was happy with the government's move to accept the ICC request saying she trusts the State would fully respect its obligations under the Rome Statute and facilitate the court's process.

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

The agreement was signed by Foreign Affairs Minister Moses Wetang'ula on behalf of the government.

President Mwai Kibaki was declared the winner of the polls as ODM leader Raila Odinga cried foul. After mediation talks chaired by former UN chief Kofi Annan, the two rival parties, PNU and ODM, agreed to the formation of a grand coalition government that ended the violence.


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