Tag Archives: ICC

True Colors–Kenyan Justice Minister calls on ICC to drop prosecution of Post-Election Violence

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This strikes me as a classic “bait and switch” from the Kenyan political establishment to the international community.

Kenya’s Justice Minister says at this late date that because Kenya will be reforming its judicial and police systems under the newly passed Constitution, the ICC is no longer needed and should “keep off” as Kenya can now prosecute the post-election violence itself. I cannot imagine who would be expected to take this argument seriously. Certainly no one that has been paying any attention to Kenya for the past few years.

Presumably the real argument is that “because we have allowed Kenyans to pass this wonderful new Constitution–that you, international powers wanted more than we did–you owe us a pass on the post-election violence–just like you gave us a pass on the election fraud because we agreed to a “government of national unity”.

As with the election fraud, there is a real question here for the United States: how much do we want to know and when do we want to know it? The ICC is at best only going to try a tiny handful of suspects–most killers and their sponsors will not be directly touched. The ICC’s ability to gain convictions is not a foregone conclusion. Trials, however, would be public and would let the Kenyan public–and the international public–hear details of what happened. The United States has claimed to have quite a bit of information about the post-election violence. Presumably this is the case with the British and the other European players. To date, we have supported the ICC process lukewarmly as a substitute for the local tribunals that we preferred but the Kenyan leadership refused to approve. Where are we on this now?

From the Saturday Nation, “Mutula to Ocampo: Quit Kenya Probe”:

A Cabinet Minister has launched a controversial campaign to stop the International Criminal Court from investigating and prosecuting post-election violence suspects.

Lawyer Mutula Kilonzo, who holds the Justice portfolio, claims that trial sought by the ICC chief prosecutor Moreno-Ocampo after he completes investigations in the next few weeks will be unnecessary when Kenya establishes a new judiciary, appoints an inspector-general of police, and installs a new director of public prosecution under the new Constitution.

The minister, whose docket is crucial to obtaining justice for the victims of the violence that broke out after the 2007 General Election, argued: “When these (appointments) are in place, we can say that Kenyan judges meet the best international standards. After that, I can even tell them not to admit the ICC case. Why on earth should a Kenyan go to The Hague?”

Unintended Consequence of al-Bashir Invite–more leverage for ICC on Kenya Post-Election Violence?

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From Tom Maliti, Associated Press

NAIROBI, Kenya – Kenya on Friday allowed the International Criminal Court to open an office in the country, a development that comes after Kenya’s commitment to the court came into question when the nation hosted Sudan’s indicted leader last week.
ICC Prosecutor Luis Moreno Ocampo is investigating top Kenyan leaders and businesspeople for their roles in the country’s December 2007 to February 2008 post-election violence that killed more than 1,000 people.

On Friday, Kenya granted the ICC immunity from legal challenges, tax exemptions and other privileges in a letter signed by Foreign Affairs Minister Moses Wetangula.

The move comes only a week after Kenya hosted Sudanese President Omar al-Bashir during a ceremony for Kenya’s new constitution.

. . . .

Kenyan Cabinet leaders, including Wetangula, met with ICC Registrar Silvana Arbia on Friday.
"We have agreed to comply with every aspect of the (ICC) request for the privileges and immunity which their officers require to be able to undertake their work," said Minister of State for Internal Security George Saitoti, who chairs the Cabinet subcommittee on the ICC.

"I trust that the government of Kenya will fully respect its obligations under the Rome Statute," which established the ICC, Arbia said after receiving the letter.

The ICC registrar has been in Kenya since Wednesday to seek government assurances it will cooperate with the court and educate the public about how it operates.

For a cautionary, but realistic view of where Kenya is a the moment, see the latest post from "Maina’s Blog", wherein Maina Kiai stresses the ICC status and throws cold water on the Truth, Justice and Reconciliation Commission:

Impunity and lack of accountability also needs to be addressed via the Truth, Justice and Reconciliation Commission, which is unfortunately now turning into a bigger farce than could have been anticipated! How a potential witness—in a negative way–can Chair the TJRC beats comprehension! How someone who is supposed to lead reconciliation can be so arrogantly obstinate boggles the mind. If Bethuel Kiplagat does not get what conflict of interest is, his competence and integrity as Chair are marred ab initio. Worse, he has now gone out and hired other potential witnesses as staff for the TJRC! Which means that these survivors—and a large majority have been on the margins of society precisely because of the violations they suffered–who are now staff will not be testifying at the TJRC as that would be another conflict of interest! What better way to destroy an institution, and weaken it before it starts than this?

Why be concerned about election violence with the Kenyan referendum?

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It seems to me that there are several obvious reasons.

Most basic is the simple fact that since Moi relenquished de jure one-party KANU control, there has been significant violence in each national election that was close (the 2002 presidential election was a landslide and featured Moi fronting a Kikuyu standard bearer who was not strong in Central Province against a Kikuyu establishment figure supported by Raila Odinga–in other words, a sui generis “perfect calm”; likewise the 2005 Referendum was not especially close and followed the 2002 general.) The “usual suspects” from 1992, 1997 and 2007 are still in power in government and business and have ample resources available.

There has been no meaningful progress yet in regard to the “culture of impunity”. The Government of National Unity has not delivered a local tribunal to address the crimes layed out in the Waki Commission report. The ICC process is still hoped for, but has not resulted in indictments of anyone to date and the key people expected to someday face the ICC are very much players in the GNU today and will be for the forseeable future.

The “Truth and Reconciliation” process was politically stillborn in terms of doing anything that would have changed the dynamic of tension for this election.

The Waki Commission report shows that the Kenyan intelligence service knew about significant issues of likely planned violence ahead of the 2007 election, but action was not taken to stop it. No explanation of this has been provided, nor are there obvious reforms implemented to make sure that the same situation (whatever it was) is not repeated.

Corruption is more entrenched than ever, in the sense that no real action has been delivered in response to even the new, and in some cases, particularly outrageous scandals coming from the Government of National Unity–much less anything about Goldenburg and Anglo Leasing and all the many, many other scams that have created pools of ill gotten gains that can be reinvested in politics as needed.

Even the newspapers have reported ethnic threats in the Rift Valley, and ethnic rhetoric is clearly being employed. To the baseline of ethnic tension, and ethnic division within religious groups that was a problem in 2007 has been added an increase in tension between many churches and the State over views or interpretations related to the khadi’s courts and abortion. These is always some baseline of tension between many Muslims and the State, but now there seem to be attempts to drive a much greater wedge between Muslims and Christians themselves at a grassroots level.

I could go on.

To top it off, it was clear by last fall that there was a significant ramping up of the flow of guns and ammunition into areas where there had been violence featuring more “traditional” weapons in 2008. And six people were killed by two grenades in Uhuru Park as the campaign kicked off.

This is not a prediction of violence–but rather an assessment that all the necessary ingredients are there. By all means we should hope for the best and pray for peace. But we should also be mindful of the danger and the United States as a major donor and “ally” should not be caught off guard. We know how much suffering election violence can cause. Foolish complacency is the hobgoblin of little hearts.

As Vote Nears, Former Deputy Commander of Kenyan Administrative Police continues in hiding

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As the Kenyan constitutional referendum approaches, most other aspects of the “reform agenda”, in particular accountability for wrongdoing in the last election, remain stymied. The Internal Security portfolio has passed from John “Rattle the Snake” Michuki, who continues in Cabinet as a key insider, to George Saitoti, another of those who seems a conspicuously odd choice of partners for anyone promoting reform in the security services.

From the Nairobi Star via All Africa.”

Nairobi — GOVERNMENT is about to dismiss a key potential witness for the International Criminal Court.

It has written to Oku Kaunya to show cause why he should not be fired as Nyanza Deputy Provincial Commissioner.

In December 2007 he was the Deputy Commandant of the Administration Police and Commandant of the AP Training College in Embakasi. He had originally been scheduled to take over from AP Commandant Kinuthia Mbugua in 2008.

It has been alleged that the Administration Police was partly responsible for the mayhem that followed the December 2007 elections.

Kaunya left Kenya in April this year and has not returned. It has been rumoured that he will be a key witness for ICC prosecutor Luis Moreno Ocampo.

Government has taken Kaunya’s absence from work as desertion from duty which, according to the Civil Service regulations, is punishable by summary dismissal.

Sources in the Office of the President, to whom the Provincial Administration answers, told the Star that the letter was written in mid-June and sent through the Post Office.

Internal Security assistant minister Orwa Ojodeh confirmed yesterday that Kaunya had deserted duty and clarified that any communication sent to him was in line with government policy.

“If government officers desert duty as he did, then they have to give an explanation,” said Ojodeh.

The minister however said he could not confirm whether government had formally written Kaunya.

After receiving death threats from unknown people, Kaunya slipped out of Kenya in April claiming he needed medical treatment for a kidney problem. His whereabouts remain unknown but he is believed to be in Europe.

He may turn out to be a key witness should the International Criminal Court try the perpetrators of the post-election violence.

Kaunya headed the AP Training College which, according to the Waki Report, was a central link in the disruption of the December 2007 election.

The Waki Report said 1,600 officers were sent to the college for “special training” so they could act as election agents for the PNU.

“All officers deployed were dressed in plainclothes, easily identified as they were not from the local community and travelled in large groups by more than 30 chartered buses,” the report said.

“In addition, they received Sh21,000 each for their duties. The entire exercise was called off after some officers were killed and many more injured by citizens,” the Waki Report concluded.

Investigators from the office of ICC prosecutor Ocampo have been in Kenya and they are expected to finalise their investigations in October before Ocampo can ask for the ICC to issue arrest warrants for the key suspects.

As many as 20 witnesses whose testimony is considered crucial have been placed under protection. Several have been flown out of Kenya while others are being protected in safe houses in Kenya.

Yesterday Kaunya’s wife Millicent said the government was aware of her husband’s continued stay abroad and that she had not received any communication about his employment status.

“I have not heard anything so far but he (Kaunya) is out and the government knows why,” said the wife without revealing further details.

Ajaa Olubayi, Kaunya’s lawyer, said he last spoke with his client two months ago.

“I haven’t spoken with him for quite some time and I would not be in a position to say whether he has been asked to explain his absence from work,” said Ajaa

In April Kaunya’s wife said her husband had been feeling unwell and travelled to Germany for treatment from where he was to proceed to see their daughter in the USA.

In January 2004, while he was the Uasin Gishu DC, Kaunya called for the abolition of the Administration Police and the Provincial Administration.

He was supporting those delegates to the National Constitution Conference who wanted the Provincial Administration removed from the Draft Constitution that was finally defeated in the 2005 referendum.

Kaunya’s comments were surprising to the AP command, especially Commandant Kinuthia Mbugua who had waged a spirited battle to have the force retained.

In 2007 Kaunya was promoted to head the Administration Police Training College, a post that put him second only to Mbugua in the AP chain of command.

However in June 2008 Mbugua interdicted Kaunya for putting on the rank insignia of the AP Commandant, apparently in preparation for the departure of Mbugua.

He eventually returned to his post in December 2008 but that did not end his tribulations.

Seemingly to ensure he did not testify to the Waki Commission in early 2009, Kaunya was sent for an impromptu “holiday” in Thailand.

When he returned, he was given a scholarship to the Karen-based National Defence College from which he graduated last December.

Sure, we can hope for responsible behavior by the political powers that be in Kenya in the referendum–but to expect it under the circumstances would certainly be foolish.

Here is the link to “Divide and Rule: State-Sponsored Ethnic Violence in Kenya” by Human Rights Watch from 1993, featuring discussion of then-Vice President Saitoti, who was given the Internal Security portfolio by Kibaki in January 2008, during the post-election violence and before the mediation deal ushering in “the reform agenda”.

Marende praised by UN High Commissioner for Human Rights, meeting with Biden; South Mugirango by-election this week

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Kenyan Speaker of Parliament Kenneth Marende seems to be getting an increased international profile. Navanethem Pillay, UN Commissioner for Human Rights, called on Marende on Monday, expressing concern regarding progress on prosecution of suspects for post election violence. According to the Standard she singled out Marende for praise, “saying he had made immense contribution in stabilising the country through some historic rulings and the manner he handled issues in Parliament”.

U.S. Vice President Biden will call on Marende Tuesday as well, along with his meeting with President Kibaki and Prime Minister Odinga.

Interestingly, Marende says that Parliament “would easily pass” legislation to provide for a “local tribunal” to try election violence cases under Kenyan criminal law “if the ICC acted swiftly by taking away key perpetrators of the violence”.

Biden will leave Thursday morning, the day of the South Mugirango by-election to fill the seat vacated by a successful election petition against Omingo Magara, originally of ODM. As it stands the race is hot, with Raila Odinga campaigning for the substitute ODM nominee, Ibrahim Ochoi, William Ruto campaigning for Magara running as a PDP nominee and heavyweights in PNU affiliates split among Magara and other candidates.

“Tea party pokes fun at Obama’s rivals”–Daily Nation

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Tea party pokes fun at Obama’s rivals

Kenyan Tea Party–a fun public relations idea for DC–just too bad that they would pick as their Kenyan headliner one of the prime reputed suspects in the current ICC investigation.

 

Odinga and Museveni, ICC

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Raila moves to marshall support in EAC region from The Standard

This is interesting–I’ve previously noted the recent interaction between Museveni and Moi and the PNU, as well as Kalonzo’s Uganda trip. Museveni was the only world leader to congratulate Kibaki on “winning” the 2007 election (after the US withdrew it initial statement).

Museveni is also the client of immediate past Asst. Sec. of State-turned lobbyist Jendayi Frazer and is a key player in the AMISOM mission to support the TFG in Somalia and in other regional military training and exercises. He is also coming up for yet another re-election with new oil revenues to come. Would Raila see “getting right” with Museveni as a way to head off potential U.S.-based opposition to his 2012 candidacy? Likewise, Museveni has a lot on his plate, will want Kenyan cooperation on a number of fronts, and can read the polls showing Odinga as to date the only prospective presidential candidate with strong national numbers.

“Kenya and the International Court: Will Justice Be Done at Last” from The Economist

Kyrgyzstan–lessons for the U.S. in East Africa?

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Certainly the stature and image–and influence–of the United States in Kyrgyzstan seems to be badly damaged by the degree to which the U.S. got itself intertwined with the corrupt Bakiev regime. Bakiev played his leverage from granting the U.S. continued use of the Manas airbase at the Bishkek airport–increasingly important to the U.S. as the war on Afghanistan ramped up.

The needs of warfighting trump support for democracy, anti-corruption efforts and such. That’s reality. Thus, the question: in a war of choice for nation building in one country, what is the collateral damage to good governance and democracy elsewhere?

How far are we willing to go to support the TFG in Somalia? What compromises will we face in dealing with the leaders of Uganda, Kenya, Ethiopia and Burundi?

One immediate issue is whether and how the U.S. will use its influence with the Kenyan military in regard to cooperation with the International Criminal Court in its current investigations.

I was an IRI election observer in Kyrgyzstan when Bakiev was elected to a full term in July 2005 following the March 2005 Tulip Revolution. I observed voting in small cities and towns in the Ferghana Valley region in the southwest. This was near the site of the Andijan massacre across the border in Uzbekistan and the region was tense–nonetheless, the atmosphere was hopeful with the new government. Voting was anti-climactic in that Bakiev cut a deal with his most prominent opponent shortly before the election, so the outcome was not really in doubt.

In that heavily Islamic part of the country the economy had been in decline since the fall of the Soviet Union. No one had taken down the statues of Lenin, or even a large portrait of Marx in the auditorium of one of the schools where we observed voting. The Soviet Union, I was told locally, had simply ended without much warning. Since then the roads were gradually crumbling, the machinery was wearing out, the stores had closed–and locals with a profession had gone to Russia for work. The country was much in need of the rent the U.S. was paying for use of Manas, but a main reason for getting rid of Akiev was the perception that he was running the government to the benefit of his family rather than the people as a whole. Apparently Bakiev was not the change in the this respect.

“Fuel Sales to US at Issue in Kyrgyzstan” NY Times

“How Not to Run an Empire” FP

“Blood in the Streets of Bishkek” FP

“When Patience Runs Out”–IHT, Paul Quinn-Judge of International Crisis Group

ICC Prosecution Works to Protect Kenyan Witnesses

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“Witnesses Reveal Dark Secrets of Election Violence”

“Key Witnesses in Poll Violence are Flown Out”:

At least 20 witnesses said to be holding crucial evidence on hate crimes committed during the post-election violence have been placed under protection.

Many have been flown out of Kenya for their safety while others are being protected in safe houses in various parts of the country, a civil society official involved in the international witness protection initiative disclosed on Friday.

They include seven people thought to have crucial evidence that could nail the masterminds of two of the worst atrocities committed in the Rift Valley during the violence, the official, who did not wish to be named to avoid compromising his trust, said.

The scheme under which the witnesses have been placed is managed by the civil society and international agencies and is not the one operated by the government.

“An Important Day for Justice in Kenya” says Annan–more media coverage of ICC ruling

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Scott Baldauf in the Christian Science Monitor raises the issue of whether Kenyan leaders are already working to undermine the ICC.

The Standard: “Ocampo gets nod to nail the ‘Kenya 20′”.


Daily Nation“ICC Judges order Ocampo to probe post-poll violence”.

Xan Rice in The Guardian: “International Criminal Court to investigate violence after 2007 Kenyan election”.

CNN: “Ruling Means Kenyan Leaders Could Face Charges”–Human Rights Watch says ruling could help Kenya “turn a corner”, stresses witness protection.

Kenya Broadcasting Corp: “ICC approves investigations into Kenya’s PEV” from Reuters.