Kenya: Lobbies Petition UN Council to Reject ICC Deferral

Dave Opiyo

15 March 2011

Nairobi — Lobby groups have petitioned the United Nations Security Council to reject Kenya’s bid to defer the post election violence cases.

The nine civil society groups presented 1.4 million signatures and a petition to UN Security Council member states opposing the deferral of the cases involving six Kenyans at the International Criminal Court for one year Tuesday.

Three of the Council member states – the US, UK and Germany – were emphatic that they would not back the quest to postpone The Hague trials.

However, France said that even though it was not convinced by the reasons advanced by government on the issue, they were still ‘listening to all arguments’ from interested parties.

At a news conference in Nairobi, the lobby groups led by Ms Njeri Kabeberi of the Centre for Multi Party Democracy and Mr Hassan Omar Hassan of the Kenya National Commission on Human Rights said they were ‘greatly disturbed’ by calls to postpone the cases.

“The cases before the ICC are as a result of the failure of the government to establish credible and genuine judicial mechanism to deal with the alleged suspects,” Ms Kabeberi said.

“The people of Kenya need your support and decisive action in ensuring that those bearing the greatest responsibility for the crimes against Kenyans are held accountable for their actions to help deter future criminal transgressions,” she added.

Finance minister Uhuru Kenyatta, Head of Public Service Francis Muthaura, Postmaster-General Hussein Ali and MPs William Ruto and Henry Kosgey and radio presenter Joshua arap Sang have been issued with summonses to appear before the court on April 7.

Mr Omar said the work of the ICC was crucial to ending impunity and ensuring that the victims of the violence got justice.

He said that by becoming a State party to the Rome Statute, Kenya had accepted jurisdiction of the ICC over war crimes, crimes against humanity and genocide committed on its territory by its nationals.

He criticised the African Union’s resolution to back the deferrals saying it would further fuel divisions within the fragile coalition government.

Mr Ndung’u Wainaina of the International Centre for Peace and Conflict asked the Council’s members states to “reject the country’s partisan bid” and support “the popular quest” by Kenyans towards ending impunity.

“Being permanent members of the UN Security Council we request for the prudent exercise of your veto powers. An abstention might not be sufficient enough to guarantee that such resolution is not adopted.”

In response, US Ambassador Michael Ranneberger said his country ‘firmly’ opposed the deferral bid.

“We think that moving ahead with the process will stem out the culture of impunity in Kenya,” he said.

Similar remarks were also made by Rob Macaire, the British High Commissioner to Kenya.

“The British government’s position is very clear…holding people to account for the post election violence is essential for the country to move forward,” he said.

The envoy said if the UN Security Council were to intervene in the Kenyan case, it would be undermining the ICC.

France Ambassador to Kenya Etienne de Poncins said: “We are not convinced by the governments arguments that if the cases are not deferred it was likely to bring chaos in the region.”

“We will however listen to all the arguments from all the interested sides then we shall make an informed decision,” he said.

An official from the German embassy said: “ICC summons have been issued and those named have expressed their willingness to attend. Things are moving in the right direction.”

Already, the Orange Democratic Movement (ODM) has written to the UNSC urging it to reject Kenya’s plea.

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