Kenya - post-election violence

Prosecutor to ask for ICC investigation

Article published on the 2009-11-05 Latest update 2009-11-05 18:07 TU

Prime Minister Raila Odinga (centre), ICC prosecutor Luis Moreno-Ocampo (left) and President Mwai Kibaki (right) in Nairobi on 5 November 2009.
(Photo: Reuters)

Luis Moreno-Ocampo, the International Criminal Court’s prosecutor arrived in Kenya on Thursday and met with President Mwai Kibaki and Prime Minister Raila Odinga. He said he is going to ask for an ICC investigation into post-election violence in the country, which killed around 1,500 people at the start of 2008.

“I consider the crimes committed in Kenya, were crimes against humanity,” said Moreno-Ocampo. “I informed them that in December I will request to the judges of the International Criminal Court to open an investigation.”

The ICC has been carrying out preliminary investigations into the violence since February 2008, but the Kenyan government has yet to carry out its own reforms.

Earlier this year parliament rejected a bill aimed at creating a special tribunal to try key suspects. And although Odinga said that the government was working hard to fast-track reforms, it is not clear whether they will create a local tribunal.

Kibaki said the government “remains fully committed to discharge its primary responsibility in accordance with the Rome statute, to establish a local judicial mechanism to deal with the perpetrators of the post-election violence,” but he added that the government “remains committed to cooperate with the ICC.”

Kibaki described the meeting with Moreno-Ocampo as “candid”, “frank” and “constructive”, while Odinga said the responsibilities of the ICC prosecutor were “complementary” to those of the government.

But some analysts are sceptical about how motivated the government will be in helping to provide justice.

“There is absolutely zero political will, particularly on behalf of the president, to allow the process to go through,” Paul Muyité told RFI. “The international community needs to understand that the president is just playing games and buying time.”

“I think the prime minister too, is trying to have his cake and eat it,” says Muyité, a rights lawyer and former lawmaker.

It is not clear whether Moreno-Ocampo had in his possession a copy of the list which contains alleged suspects and is thought to include a number of ministers and members of parliament.

However, Muyité says that, “over 90 per cent of the Kenyan population would like those names made public,” and open arrest warrants should be issued.

For the moment Moreno-Ocampo is optimistic that an ICC investigation, “will help Kenya to overcome this problem”.