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    Senior Member AirborneSapper7's Avatar
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    Government crisis talks Annan hands secret envelope to ICC

    Annan set off a process in which Kenyan leaders could soon be indicted and slapped with warrants of arrests by the ICC

    Government in crisis talks as Annan hands over secret envelope to the ICC

    By Editor
    Monday, July 13, 2009

    Dr Kofi Annan, the chief mediator during Kenya’s darkest hour in 2007/08 election violence, struck like lightning. The shockwave is still furrowing through the land. His steps were stealth, simple and yet symbolic — but could well mark Kenya’s turning point. Annan deftly handed over Kenya, which has been haggling over The Hague option and a local tribunal, to International Criminal Court Prosecutor Luis Moreno-Ocampo.

    Striking as Kenya’s political class raced against time to set up a local tribunal of international repute before the end of next August deadline, Annan triggered a flurry of questions over why he lost his patience yesterday.

    Annan set off a process in which Kenyan leaders could soon be indicted and slapped with warrants of arrests by the ICC, which is said to have began its own investigations. Usually, suspects slapped with warrants of arrests by the ICC could be arrested on the soil of any nation that — like Kenya — is signatory to the Rome Statute, if the suspects’ nations of origin refuse to hand them over.

    Crisis meeting

    On receiving the news, President Kibaki immediately convened a crisis meeting at Harambee House. Prime Minister Raila Odinga and the team that met Annan and Ocampo -— Justice Minister Mutula Kilonzo, Attorney-General Amos Wako, Lands Minister James Orengo, the Premier’s Advisor on Coalition Affairs Miguna Miguna and Justice Assistant Minister William Cheptumo attended.

    And this was just one of the many high-profile meetings of the day that had the face of an emergency and which cast the picture of a Government caught flat-footed.

    But later in the evening, at a press conference where the usually chatty delegation did not field even a single question, the members told the country they would comply with Ocampo’s demands for a local tribunal that would meet the ICC’s standards – meaning that there would be no termination of cases when the process gets under way, and the clamour for amnesty. The State would also guarantee the safety of witnesses.

    They also said they had briefed the President and the Premier and would uphold recommendations made by Justice Philip Waki’s Commission.

    But most importantly, they reported: "The Government has dispatched…a report on the current status of post-election violence related cases. The Government has also dispatched a copy of the Witness Protection Act, Regulations made thereunder as well as steps taken to set up the Witness Protection Unit.’’

    Ministers in Hague

    However, the doors to The Hague were not completely opened as Kenya was given a window of opportunity — but which would require a miracle and statesmanship to overcome. The Principals must in the next few days get Parliament to open the door for a local tribunal, or face the prospect of having some of their ministers starring in The Hague, just as did the late Yugoslav President Slobodan Milosevic.

    The small window for Kenya to escape The Hague was discernible from the statement: "Annan welcomed the Government of Kenya’s renewed efforts to implement the recommendations of the Waki Commission and to establish a Special Tribunal", but on condition, "any judicial mechanism adopted to bring the perpetrators of the post-election violence to justice must meet international legal standards and be broadly debated with all sectors of the Kenyan society in order to bring credibility to the process."

    Confidential sources said Annan was angered the Government’s delegation to snub him after a trip to The Hague. The delegation flew straight to Kenya without briefing him as had been agreed at their earlier meeting.

    Sources in Government revealed that Annan lost hope after a Cabinet minister in his Geneva meeting spun stories about Kenya getting a 360-day extension, besides diminishing hope that the Government could break Parliament’s cynicism and resistance.

    It did not help matters that there was no sign that President Kibaki and PM Raila would achieve much, given that time was running out fast.

    In his statement, Annan was blunt: "Justice delayed is justice denied. The people of Kenya want to see concrete progress on impunity. Without such progress, the reconciliation between ethnic groups and the long-term stability of Kenya is in jeopardy."

    Prime movers

    Annan wrote to Kibaki and Raila after he handed over his sealed envelope and supporting materials on suspected prime movers of the post-election bloodbath, which were entrusted to him by the Waki Commission.

    "I wish to inform you that the Panel of Eminent African Personalities has handed over to the Prosecutor of International Criminal Court, the sealed envelope and supporting materials entrusted to me by the Waki Commission on 17th October 2008,’’ he told the President and Raila in separate letters.

    As the news hit home, President Kibaki convened an urgent meeting with members of the Kenyan delegation to Annan in Geneva and Ocampo at The Hague last week to discuss the ramification of the surprise move.

    On the table could have been Ocampo’s own warning to Kenya on Thursday when asked whether Kibaki and Raila could be in his loop. The ICC prosecutor responded firmly that the political rank and file would not stop him from pursuing anyone.

    He said he wanted to make the Kenyan case a lesson in the world on the price of impunity and triumph of civilians against their leaders.

    The spotlight also turned on Kenya as civil society organisations and human rights activists asked the ICC to ensure a diluted judicial process was not enacted to try suspects locally.

    Annan’s team of Eminent African Personalities enjoined in the statement were former Tanzanian President Benjamin Mkapa and Mrs GraÃ
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  2. #2
    Senior Member AirborneSapper7's Avatar
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    there ya go ... someone tell Obama Kenya needs a President
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