ODM blames Parliament for Kenyan cases at the ICC

The Orange Democratic Movement (ODM) has put the blame on the failed push to have the post-election violence cases tried locally on Parliament.

In a statement, ODM leader Raila Odinga said the party fully supported efforts to have the cases against alleged perpetrators of the violence tried locally as opposed to the International Criminal Court (ICC) at The Hague but their efforts were thwarted by some Members of Parliament.

“We firmly supported the setting up of a local tribunal to deal with the post-election violence cases but strong opposition to this idea in parliament quashed the move,” said Odinga.

The party leader, however, admitted that the party was opposed to deferral of the cases instead leaning towards a referral to Kenyan courts.

“We, in ODM, opposed the deferral of ICC cases and instead preferred a referral to a local tribunal set up in Kenya.”

The CORD leader pointed out that the reason for opposing a deferral was to ensure victims get justice.

“Take for example the many families who lost loved ones as a result of police brutality, how was it going to be possible for the Hague process to listen to their grievances and ensure that justice is done?” ODM questioned.

ODM also stated that it was hypocritical for leaders in Jubilee to accuse ODM leadership of fixing Ruto at the ICC since he was at the centre of their negotiations for a pact in Jubilee coalition government.

They claimed that Jubilee members should explain to Kenyans circumstances that took Ruto at ICC based on recent utterances by Gatundu South MP Moses Kuria in relation to witness procurement.

“We find it hypocritical for some people to allege that the ODM leadership fixed our comrade Ruto who was at the centre of our negotiations.”

The party also stated that they wrote to the international community including Security Council to come take up the post-election violence cases.

“The international community, including the African Union (AU) reacted positively. The Panel of Eminent Persons, emissaries of Security Council members and finally Dr. Kofi Annan came to our rescue,” read the statement.

ODM’s assertion comes days after Gatundu South MP Moses Kuria blamed the party for opposition the deferral of the ICC cases.

In a push, initiated during the Kibaki-led government and orchestrated by the then Vice President Kalonzo Musyoka, was aimed at ensuring the cases against the six Kenyans facing charges of crimes against humanity at the ICC are postponed.

In a letter, allegedly written by the then ODM Secretary General Anyang Nyong’o on March 11, 2011, the party vehemently opposed the trial of the cases in Kenya saying the system will be infiltrated by tribalism and favouritism that will make the pursuit of justice impossible.

The letter seeks to petition members of the UN Security Council to try the case against the six accused Kenyans at the ICC saying the process was unanimous, having been approved by the two parties under the Kofi Annan-brokered National Accord.

“Although Kenya has enacted the International Crimes Act, it is in doubt as to whether Kenyan courts have jurisdiction over the International crimes committed before 2009 when the Act became operational,” read the letter in part.

ODM further alleged that a local tribunal would be used to shield suspects from justice, questioning the nomination of Attorney General Githu Muigai and Kioko Kilukumi to the positions of Attorney General and Director of Public Prosecutions respectively since they were the lawyers for two ICC suspects, Uhuru Kenyatta and William Ruto.

There have been wide accusations and counter accusations between Moses Kuria and CORD leader Raila Odinga in the past weeks since he first accused the CORD leader and Narc Kenya leader Martha Karua to the ICC cases.

Kuria claimed that both ODM and PNU wrote to the ICC calling for the prosecution of those suspected to have fuelled the post-election violence with each side of the grand coalition government pointing fingers at the other.

The TNA MP has proceeded to offer himself as DP Ruto and Radio journalist Joshua Sang’s defence witness in the case against them at the ICC, saying the witnesses procured by the ICC were picked from the Waki and Kriegler reports.

Kuria also claimed that he paid the witnesses Ksh 2,000 to give false testimony during the preparation of the reports adding that he is planned to hold meeting with ICC prosecutor to confirm the same.