MINISTER ON ICC

BY   LUKE  KAPCHANGA  THELINK/BUNGOMA                  25/5/2010

Setting up the local tribunal to investigate and try crimes committed during the post election violence, now lies in the fate of the draft constitution.

Minister for housing, Soita Shitanda has noted that, its only by voting for the draft constitution, which will automatically  make it possible to have the tribunal in place.

Parliament he said had previously rejected bills brought in the house to introduce the local tribunal out of fear by MPs for lack of independence.

“MPs were fearing the thin line between the executive and tribunal, as the perpetrators form the executive”, he stated.

He explained that the executive is heavily overbearing on the legislature, and always influences other  arms of government , and this has made leaders uncomfortable with the tribunal if set up.

Yet , the draft constitution if passed, creates independence for tribunals and completely removes the legislature from control of the executive and their roles executed separately .

“The draft if passed will provide a level of confidence in MPs  and be in a position to have the tribunal put up without being indifferent “, the minister further remarked.

May this explain, the spirited efforts by those opposing the new constitution to have it rejected as it provides provisions, which separates the thin line of the executive and legislature?

Two ministers, Moses Wetangula of foreign affairs , and Mutula Kilonzo of Justice, National Cohesion and Constitutional Affairs, have both supported setting up the local tribunal.

 But, both  are not sure about the time frame, in which the process to have the files on the local tribunal will be opened after rejection by Parliament of two successive bills.

The first bill was sponsored by the government , but rejected by MPs and later Mr. Gitobu Imanyara introduced a private members bill which was also rejected.

The International Criminal Court prosecutor Luis Morenho- Ocampo, has told Kenyans not to expect much from him other than, involving himself with just two cases of six people.

“Do not expect everything from me. I will only prosecute two to six cases and the rest is up to you.” He was quoted saying in one of the daily papers recently..

  The chief prosecutor who asked civil societies to push Parliament to establish a local tribunal also urged leaders to start a mechanism for resolving the cases.

But he was saddened for realizing that the government had not done much to resolve the problems which erupted during the post poll violence of 2007/2008.

The Kenya stakeholders Coalition for the Universal Periodic Review(UPR), highlighted justice for victims of the post- election violence as a matter of concern.

The Coalition  noted on its Human rights Balance sheet to the  UPR, said” It has been almost two and half years since 2007-2008 post –election violence yet none of the perpetrators have been effectively prosecuted”.

It recommended for the government to set up the special tribunal to investigate and prosecute crimes which occurred before, during and after the 2007 general elections in adherence to the principles of the Rome Statute.

The Special Rapporteur on Extre-judicial, summary or Arbitrary executions, has also urged the state to establish the local tribunal to prosecute perpetrators of post- election violence.

The Human rights reports to UPR,  by the government agreed in principle to cooperate with ICC, as efforts to establish a local mechanism to try perpetrators continue.