Nairobi — The government yesterday signed the ICC agreement but introduced an amendment at the last minute.

The government had until yesterday to sign the agreement that would see ICC staff not only set up base, but accord them the immunity and priviliges needed to carry out their investigations as well as conduct interviews with the 400 witnesses who have been identified.

Senior investigatory, legal, security and support staff both from the court's headquarters at the Hague and locals will operate from an office to be established in the city.

The court has intensified its activities in Kenya and has prepared 396 victims and witnesses who are ready to testify.

Foreign Affairs Minister Moses Wetangula signed on behalf of the government. In the agreement, the government assures the ICC of financial support to facilitate its operations in the country.

Yesterday's signing was prompted by a letter written by the ICC registrar Silvana Arbia who warned that the government's failure to ratify the Agreement on Privileges and Immunities of the Court could jeopardize the court's activities in Kenya.

Wetangula said that the government was ready to cooperate fully with the ICC in accordance with the statutes already signed by Kenya.

Attorney General Amos Wako who was present at the press briefing said he advised the government to accept the ICC request as what was being requested was already part of the country's laws.

Earlier members of the Cabinet sub-committee chaired by the Internal Security Minister Prof. George Saitoti met and approved the letter that was letter handed over to the registrar.

Some of the privileges granted includes issuance of visas to the ICC officials free of charge, authority to install and use radio and tecommunication gadgets on any frequency, codes, ciphers, courier or sealed bags and for dispatch and receipt of correspondence the same way as granted to other diplomatic missions.

"No censorship shall be applied to the official communication or correspondence of the court and the court," reads the statement.

Further the ICC security officers will also be allowed to carry guns and wear the court's security officer's uniforms and also use civilian dressing.

Those who have volunteered to testify as witnesses will also be accorded relevant privileges as accorded by the letter written by the government,.

"In particular they shall enjoy immunity from personal arrest or detention and inviolability of their documents, materials and communications as envisaged under the Agreement on privileges and Immunities of the Court," Wetangula said.

Sources told the Star that the AG redrafted one of the clauses of the agreement on privileges and immunities.

"The property, funds and assets of the court, wherever located and by whomever held shall be immune from search, seizure, requisition, confiscation, expropriation and any other form of interference, whether by executive, judicial or legislative action," the ICC version reads.

However, the one presented by Wetangula stated: "The premises of the court in the territory of Kenya, its property and assets including its archives and documents, in whatever form, and by whomever held anywhere within the territory of Kenya shall be inviolable and shall be immune from any form of legal process whether by executive administrative, judicial or legislative action."

Sources said there were fears from the interpreters by the ICC that the exclusion of the sentence "immune from search, search, seizure, requisition, confiscation, expropriation and any other form of interference" could allow state agencies such us the National Security Intelligence Service to invade and conduct search in the ICC offices.

At one point Wetangula, Saitoti, Wako and Orengo walked out of the press conference room apparently to consult following an unexplained but telling delay by Arbia.

She later issued a one sentence statement reminding Kenya to honour its obligations at the press conference but did not answer any questions.

"I trust that the Government of Kenya will fully respect its obligations under the Rome Statute and will facilitate the important work of the Court" Arbia said in a statement issued after the signing ceremony.

The agreement paves the way for effective work of the Court in Kenya, in particular with regard to its needs in the areas such as victim and witness protection, safety and security, and logistical support for its operations.

Members of the cabinet committee Otieno Kajwang', James Orengo and Amason Kingi also attended the press conference.