ICC To Summon Two Key Kenyan Personalities

The ICC is expected to issue summons against two unnamed prominent Kenyans investigations have linked to crimes against humanity during post-election violence, protected sources disclosed.

Attention turned to The Hague as the ICC Court Registrar arrived here, and immediately met a sub-committee of the Cabinet, which Internal Security Minister, George Saitoti, chairs.

Ms Silvana Arbia, a former Italian judge and prosecutor, met Prof Saitoti because his Cabinet portfolio may be important to ICC if, and when, summons are issued against Kenyans.

The identity of the two may not be known for now. But their profile cannot be in doubt as Chief Prosecutor Luis Moreno-Ocampo had said the suspects in Kenya’s case "were driven by political objectives to either retain or gain power".

Moreno-Ocampo has in the past described those who he is zeroing in on over what he calls "higher responsibility" for the violence as key politicians and businesspeople.

He has also thrown hints his list, which has shrunk with time from about 20 to six — clustered into two separate cases – include Cabinet ministers.

Sources at the Ministry of Justice told The Standard the warrants of arrest for two prime suspects could be issued in December, if those indicted refuse to comply with the court summons expected this month.

"The trials will be on early next year because Moreno-Ocampo will be through (with investigations), and will most likely be ready to proceed by Christmas," said the source.

Kenya’s latest encounter with ICC officials follows the heavy criticism from the international community for hosting Sudanese President Omar al Bashir. Mr Bashir, a wanted man by The Hague, was in Kenya during the promulgation of the new Constitution last Friday.

On Wednesday, the Kenya High Commissioner in Britain was summoned to the Foreign and Commonwealth Office to explain why Bashir was allowed to visit Nairobi in contravention of the Rome Statute, of which Kenya is a signatory.

"Officials conveyed the disappointment of the British Government that President Bashir last week travelled to Kenya in defiance of ICC arrest warrants for crimes against humanity and genocide," said a press release, from the British High Commission in Nairobi.

Officials recalled that Kenya had repeatedly committed itself to full co-operation with ICC in respect of crimes in Kenya and stressed the importance that the British Government places on such commitments.

According to the Rome Statute, Kenya was expected to arrest Bashir, but the Government insisted it would not prejudge him or defy the African Union’s collective decision to ignore the warrant of arrest.

According to ICC website, Arbia is expected to discuss the operational and legal framework needed to conduct local registry work. Her action follows the pre-trial chamber decision allowing Moreno-Ocampo to open investigations into the 2008 post-election violence.

The registrar will also meet representatives of international organisations, and embassies to discuss mechanisms of support for ICC operations.

During her mission, 200,000 samples of the publication Understanding the International Criminal Court will be distributed to Kenyans. The booklet presents basic facts about ICC’s work and mandate, structure, and mode of function. The book provides answers to frequently asked questions about the ICC.

The Government is this week expected to give the International Criminal Court the legal instruments allowing it to conduct local investigations.

The Cabinet team undertook to finalise the legal framework enabling ICC to start off its next phase of action. Arbia, in a statement on Wednesday, thanked the sub-committee and its chair for undertaking to finalise these arrangement by Friday. She said the proposed arrangements were mandatory for Kenya in the Rome Statute.

At a press conference at Harambee House, Saitoti assured the ICC of the Government’s commitment to ensure The Hague carried on with its investigations. The minister, who spoke after meeting the ICC registrar, said: "We have assured the ICC through the registrar of our continued commitment, co-operation, and collaboration on its mandate."

Saitoti briefed the media in the presence of other Cabinet sub-committee members, James Orengo, Otieno Kajwang’, and Amason Kingi.

He said the team has been meeting to discuss the ICC-related issues to ensure there were no contradictions between the process, the Government, and ICC.

Orengo termed as unfounded claims ICC was facing hurdles in carrying out investigations arguing, " if they are facing any, then as a Government we are not aware and they have not alerted us."

The committee was established in April to co-ordinate local ICC matters.

Saitoti said as part of the Government’s co-operation, it forwarded to ICC all documents and reports requested for, and provided security to the ICC officials and staff.

The Office of the Registrar is one of the four organs of the ICC. It is responsible for, "the non-judicial aspects of the administration and the servicing of the Court".

The ICC Pre-Trial Chamber met on March 31, and authorised the opening of local investigations.

The Government has since received requests by the ICC, which Saitoti said, have been processed and complied with.

Moreno-Ocampo visited the country in May, when he got assurance from President Kibaki and Prime Minister Raila Odinga of the Government’s commitment to co-operate with the ICC.

The ICC intervened in the Kenyan case after Parliament failed to establish a special tribunal to investigate post-election violence that left about 1,300 people dead, thousands displaced, and property worthy millions of shillings destroyed.

Reports indicated investigations are on top gear with key witnesses said to be already out of the country, courtesy of ICC, for their security.

On Wednesday, Foreign Affairs Minister, Moses Wetang’ula, said Kenya was ready to defend itself in case ICC decides to take action against her for hosting Bashir.

Last week a UN spokesman Sarhan Haq said the Security Council would determine the fate of Kenya for hosting President Bashir in contravention of its resolutions on the Darfur crisis.

Wetang’ula insisted the Government had done nothing wrong in allowing Bashir to attend the ceremony.

"As a sovereign State, we will continue holding our stand on matters that may affect the security of our country, our neighbours, or the entire region," said Wetang’ula.

He said Kenya being a signatory to the Rome Statute, is obliged to respect ICC resolutions, but asked those accusing Kenya to focus on what the country has achieved rather than looking at who came for the promulgation.

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