In 2008, PNU endorsed the Waki Report and called for a local tribunal. What changed after that? Useless Ruto and Uhuru are guilty as charged in the court of the public opinion. Impunity rules in Kenya and Ocampo might save the country by locking up his Kenyan guests.
YOU CAN READ HERE HOW SWEDEN WANTS TO MANIPULATE AFRICAN INTELLECTUALS AND CHECKING THEIR IQS KNOWLEDGE INTELLECTUAL ACUMEN ETC !DO YOU KNOW THE SWEDISH INSTITUTION ARE JUST THE SAME WITH BRITISH COLON IALISTS /WHEN IT COMES TO MILK AFRICA THEY ARE THERE!THEIR FORCES ARE FIGHTING IN AFGHANISTAN/LIB YA ETC KENYA INTELLECTUALS & GOVT MUST BE VERY SMART WHEN DEALING WITH WESTERN/EASTERN EUROPEANS HENCE ALL WANT A PIECE OF AFRICAN CAKE AND AFRICAN TO REMAIN DEPENDENCE FOR MANY YEARS TO COME!
Posted Tuesday, April 5, 2011 | By JAINDI KISERO
Last week, I was invited to speak to a group of Swedish fund managers and chief executives of private equity funds who have been visiting Kenya to explore investment opportunities.
I must confess that since WikiLeaks, I have grown cold feet about attending dinners and parties hosted by diplomats.
WikiLeaks revealed just how much Western diplomats rely on gossip and idle chatter to form impressions and perceptions on the goings-on in this and other countries.
Unlike journalists, a Western diplomat approaches news-gathering differently. He does not have to obey the right of reply rules.
I saw an opportunity of gauging the attitudes and perceptions of these potential investors. We discussed the broader macro-economic environment — why inflation has continued rising and why the shilling has been weakening.
We discussed the performance of the Nairobi Stock Exchange, and interest rates on government securities.
We debated the programme the government recently signed with the IMF, and how it is likely to affect the country’s next risk-rating and what it all means to foreign exchange reserves holdings at the Central Bank.
What had happened with the government’s plan to issue a Euro-bond? We discussed the fiscal stimulus, the tightening of monetary stance by the Central Bank, and how the implementation of the new Constitution was likely to affect domestic borrowing levels.
We discussed public debt. Despite a good growth record, Kenya is weighed down by a mountain of debt, its economy propped up by an ever-expanding government debt that is heading towards the equivalent of 50 per cent of the GDP.
How is the government going to maintain public spending on infrastructure in the wake of sharp falls in revenue collections?
We discussed public-private partnerships and the major projects currently lined up by the Kenya Ports Authority, KenGen, Kenya Railways Corporation, Kenya Airports Authority, and the Geothermal Development Company of Kenya.
We debated the case for a new framework law for public-private partnerships and how dogmatic application of public procurement regulations by the authorities in Kenya had hampered the success of these partnerships.
Still, it was clear that the issue at the top of their minds was the political uncertainty surrounding the post-Kibaki Kenya.
It did not help that they were here at the wrong time, bang in the middle of highly-emotive prayer rallies for the Ocampo Six.
The atmosphere was filled with strident rhetoric preaching blind ethnic solidarity. Clearly, the political elite is still far behind in terms of acquiring the attitudes of tolerance, mutual respect, and bargaining, which must become the practice before true democracy can thrive.
Can the country transit to a post-Kibaki Kenya peacefully? Is a repeat of the post-election violence possible? asked the visitors.
I found myself fumbling as I tried to explain how the new Constitution had introduced arrangements and systems that will reduce the stakes of losing an election.
I said the main reason why political competition tended to cause violence was because of the politics of exclusion and the winner-take-all mentality. This, I argued, had been tackled by the new Constitution.
I explained that the new Constitution had also introduced several new independent institutions, which will check abuse of power. Parliament will be more assertive and independent, I said.
I argued that devolution and new provisions prescribing that 15 per cent of national revenues be channelled to county governments would deal with perennial grievances about marginalisation of some tribes in the allocation of national resources.
Later, as I reflected on the discussion, I found myself debating the same subject and asking: Will the new Constitution cure tribalism and ethnic chauvinism?
A statement made by the famous Indian jurist, Nani Palkhivala, in a booklet I read several years ago came to mind.
He wrote: “National integration is born in the hearts of citizens. When it dies there, no army, no government, no constitution can save it”.
Agriculture minister William Ruto was at it again on Wednesday. Tired of pushing for The Hague, he has now turned full circle and wants post-election violence cases handled by a Truth, Justice and Reconciliation Commission.
In doing this, he seems to be joining the chorus started by his Cabinet colleagues, Mr William ole Ntimama and Mr Najib Balala during Tuesday’s Cabinet meeting.
Mr Ruto was addressing mourners at Kiptere in Kericho District, during the burial of Mr Isaiah Mutai, a businessman.
Tried at the Hague
Mr Ruto has in the past argued strongly for sponsors of the violence that killed 1,133 to be tried by the International Criminal Court at The Hague, instead of having them dealt with locally.
While opposing the local trials, Mr Ruto had said that these would re-ignite ethnic clashes.
He has always added the rider that those who he accuses of rigging the 2007 presidential election should be made to account first before punishing those who were protesting against the outcome.
Though he voted for a local tribunal together with other Cabinet ministers in Parliament, Mr Ruto has publicly opposed setting up such a tribunal.
Yesterday, he led five other MPs from the Rift Valley in demanding that a truth, justice and reconciliation commission be set to address the issue.
His change of mind came barely a week after chief mediator Kofi Annan handed over the envelope with the list of key suspects to the prosecutor of the International Criminal Court, Mr Luis Moreno-Ocampo.
On Tuesday, a Cabinet meeting seeking to establish a local tribunal rejected the draft Independent Tribunal Bill.
The position taken by MPs is also likely to drive a wedge within ODM, whose leader Raila Odinga has been pushing for a local tribunal against the wishes of some of the party MPs.
Mr Ruto on Wednesday claimed that both the International Criminal Court and the local tribunal were not capable of addressing the root cause of the post-election violence which also displaced over 650,000 people.
“Neither Moreno-Ocampo nor Barack Obama will help us. A local tribunal will also not address all the issues,” he said.
Similar sentiments were expressed by Roads minister Franklin Bett, Energy assistant minister Charles Keter, MPs Benjamin Lagat, Zakayo Cheruiyot and Julius Kones.
Mr Cheruiyot said the country was going through a leadership crisis and both President Kibaki and Prime Minister Odinga should show leadership by preaching reconciliation.
And Mr Lagat said: “If the PM says that he was wronged, why didn’t he go to court? And if President Kibaki believed that he won the election and Raila incited his followers to cause chaos, then why didn’t he go to the Hague? They should not subject others to systems they themselves have no faith in.”
Mr Keter said that if the list did not have the names of the two principals then it was “fake” because it was for their sake that people fought.
Outside Constitution
Mr Lagat said that the current government was negotiated outside the Constitution and therefore the two leaders should seek ways outside the local and international laws to solve the country’s problems.
Dr Kones dismissed the Waki report as “an incompetent piece of work” that cannot be relied upon to sustain a prosecution at the Hague.
The local tribunal, on the other hand, he said is subject to manipulation.
In the meantime, political parties yesterday retreated to plot the fate of the draft Bill seeking to set up a local tribunal.
The Cabinet is scheduled to meet on Monday to discuss the Bill which was shelved after Cabinet ministers disagreed on some clauses.
PNU vice-chairman Noah Wekesa On Wednesday said his party wants key suspects to be tried by the Hague.
However, a PNU meeting planned to start on Wednesday in Naivasha to chart the party’s position on the Bill was post-poned.
Another PNU vice-chairman, Mr George Nyamweya, had said the party’s coalition members would possibly go for both local and foreign trials.
Justice minister Mutula Kilonzo, whose draft Bill, which had suggested that the President be stripped of his immunity from prosecution, was rejected by the Cabinet, said Kenya placed itself between a rock and a hard place when, in March 2005, it ratified the Rome agreement establishing the ICC.
“We have to be bold and accept that the moment we signed and ratified the Rome Statute, we rendered our Constitution subservient to the convention,” he said.
In an interview with the Nation, the Justice minister questioned the objections raised over the proposal to strip the President of immunity from prosecution, saying that the Hague does not recognise them. Neither does it recognise the President’s powers to give amnesty.
Other proposals that were also rejected by the Cabinet was one barring the Chief Justice from transferring any judge attached to the special tribunal; blocking courts from issuing injunctions against proceedings before the tribunal; allowing crimes that were committed before the International Crimes Act came into force to be tried and one third of the tribunal judges being foreigners.
The President postponed a decision to Monday to allow ministers time to study the proposals.
Ms Betty Murungi, a human rights law expert, described the indecision of the Cabinet as unfortunate and called on ministers to close ranks and support the clauses.
She argued that Mr Moreno-Ocampo would not accept a tribunal that did not meet international standards.
And speaking to editors, UN Resident and Humanitarian Coordinator Aeneas Chuma warned of the perils of politicising the process of ending impunity.
“Statements, newspaper articles and TV cues suggesting culpability of certain personalities at this stage are not very helpful as they help to widen the political and tribal rivalries, thereby deepening resentment among citizens,” he said.
Reported by Daniel Otieno, Bernard Namunane and Lucas Barasa
Let this murderer go to Hague no Vague>Ruto has been murdering /Maiming/Burning /Raping Kikuyu ever since his years as a Moi 92 Youth Wing!He raised his Political carrer from shedding the blood of Innocent Kikuyus Living in the Rift Valley! May he rot in Hague!
AMEN AMEN AMEN !
To think twice before you do anything or act on some issues when your minds are cool is a very meaningful thoughts to those people who can lead others but when you find people who are confused by events then you know that those people can not be relied on.
Ruto and ICC Case is just normal as other cases are being done to any ofenders accused in any criminal cases,if he Ruto could rely on his party ODM, the case could have been solved in a simple manner as a party issue but Ruto isolated himself from the party and played games against his party which could carry the ICC Case in defence of the event against PNU propaganda.
Now Ruto wanted to run his own way to be known as ODM alone and did not want ODM machinery as a party to advice him,instead he chose to tell the World that he did it alone without the party’s knowledge. and chose his group from Rift Valley who proves to show that they were doing things they know lonely without ODM’s awareness. Now how can Raila and ODM help a such behavior from his party if some members have chosen to be against their own party?
The same Ruto want to make alliances with those people they burned their homes and many people died and some displaced up to this moment totalling to 3 years now out of their homes? Can Ruto come out from that trap? How can you join with the enemies you were hunting in election and then the violence killed their people?
ODM had only one simple question to ask Kibaki why he ordered the Police to be trained as an agents of PNU in election and authorised Police to shoot and kill any ODM demonstrators who had no weapons? Ruto and his team are the lost and confused people who have no place to go. No forward or backward. I mean they are not good friends with Mount Kenya group and also in ODM party.Where are they ending their plans? The answer is that they are ending their journey in to destruction and nockout from Politics.
Ruto was against the local Tribunal to be established in the Kenyan, now the same Ruto is supporting refferral of ICC to be done in Kenya where he Ruto knows that there is no any establishment of ICC Rome Statute International Standard Court in Kenya. Whom is he cheating? The African Union or the UN Security Council which deals with Humanrights? Or him Ruto and PNU alliances think Kenyans are still fools who can not see or know their plans? Kenyans have got wise men there to see wrong and good things like the ones they are trying to introduce tribal and impunity to stay. Where will such impunity stay? Not in Kenya, Kenyans are now very wise to such foolishness amoung them.
Let the six answer their crimes cases in ICC Hague if proved innocence then they will come back in Kenya as free men but not for Presidency as they sing. Who chose them to speak for Kenyans issue? Kenyans choose their Presidents by vote but not on the people making noise on the streets.
The cases against the ocampo 6 have drawn intense curiosity amongst kenyans on the operations of an international criminal court, and many are making the journey to arusha tanzania where the international criminal tribunal for rwanda operates, if only to get a feel of what the 6 will be going through at the hague.
President Kibaki and Prime Minister Raila Odinga voted for a special local tribunal despite opposition from MPs on a local mechanism to try post-election violence suspects.
Head of Public Service and Secretary to the Cabinet Francis Muthaura had earlier communicated to the MPs to support the local mechanism. The letter would later elicit fury in Parliament with then Ikolomani MP Bonny Khalwale tabling the document saying it was authored by ‘a stranger in this House’.
“As evidenced by the presence of the two principals in the House, I am disturbed that I am not too sure whether the independence of the House is going to be exercised today,” added Dr Khalwale.
Speaker Kenneth Marende, however, overruled Khalwale, saying the letter was exclusively to ministers and assistant ministers and that Parliament was not bound by it.
This cleared the way for voting on the Bill, which Kibaki and Raila rallied their troops to garner 101 votes against 93, forcing the Bill to lapse. The Government side required at least 145 MPs (65 per cent) to pass the Bill.
In an interview with Reuters after the vote, Raila expressed his disappointment saying the defeat was a big blow to the fight against impunity.
“This is a setback in the war against impunity and injustice, the Government will take stock and move forward,” Raila told Reuters.
Prior to the voting MPs had debated over the matter with the backbenchers opposing the establishment of a local process, saying it would be manipulated.
Former Justice Minister Martha Karua, however, said the local tribunal would be a special one with credible structures.
“Those who are saying they have no faith in our justice system, this will not be our normal justice system. It is a special system where a prosecutor will be hired from the international pool. It is where a special registrar and investigator will be hired and where the tribunal and the special magistrate will be manned by people selected through a different process,” said Ms Karua.
She prevailed upon the MPs to endorse the local tribunal saying The Hague process would only deal with the heaviest offenders, leaving petty offenders scot-free.
Karua’s plea
“To say that we go to The Hague, it means only those responsible for international crimes will be tried, if at all. It means the person who raped, murdered or destroyed the property of another will walk scot-free,’ said the Gichugu MP.
And it was Public Service Assistant Minister Aden Sugow who carried the clarion call of ‘Let’s not be Vague, let’s go to The Hague,’ from the MPs’ lounge right in the Chamber.
“We do not have the moral standing to be able to have a very transparent and clear process to try those who were behind the clashes in this country… let me say this: Let us not be vague in this House; let us go to the Hague,” said Mr Sugow.
Kangundo MP, Johnson Muthama opposed the local tribunal saying the country has no capacity to try the suspects locally.
“Ni vyema tugeuze mbinu zetu kidogo ili kuwaonyesha wale ambao huuwa wengine kwamba ndege zitakuja, watawekwa ndani na kupelekwa kule, na kuiacha nchi hii ikiwa na amani. Kwa hayo ninapinga na kusema kwamba hapa hatuna uwezo wa kuwafanyia hao watu mashtaka. (We need to show those who murdered that the planes would soon be ready to take them there (The Hague) so that they leave this country in peace. So, I oppose the local tribunal because we do not have the capacity to try the suspects locally),” said Muthama.
By Peter Opiyo
President Kibaki and Prime Minister Raila Odinga voted for a special local tribunal despite opposition from MPs on a local mechanism to try post-election violence suspects.
Head of Public Service and Secretary to the Cabinet Francis Muthaura had earlier communicated to the MPs to support the local mechanism. The letter would later elicit fury in Parliament with then Ikolomani MP Bonny Khalwale tabling the document saying it was authored by ‘a stranger in this House’.
“As evidenced by the presence of the two principals in the House, I am disturbed that I am not too sure whether the independence of the House is going to be exercised today,” added Dr Khalwale.
Speaker Kenneth Marende, however, overruled Khalwale, saying the letter was exclusively to ministers and assistant ministers and that Parliament was not bound by it.
This cleared the way for voting on the Bill, which Kibaki and Raila rallied their troops to garner 101 votes against 93, forcing the Bill to lapse. The Government side required at least 145 MPs (65 per cent) to pass the Bill.
In an interview with Reuters after the vote, Raila expressed his disappointment saying the defeat was a big blow to the fight against impunity.
“This is a setback in the war against impunity and injustice, the Government will take stock and move forward,” Raila told Reuters.
Prior to the voting MPs had debated over the matter with the backbenchers opposing the establishment of a local process, saying it would be manipulated.
Former Justice Minister Martha Karua, however, said the local tribunal would be a special one with credible structures.
“Those who are saying they have no faith in our justice system, this will not be our normal justice system. It is a special system where a prosecutor will be hired from the international pool. It is where a special registrar and investigator will be hired and where the tribunal and the special magistrate will be manned by people selected through a different process,” said Ms Karua.
She prevailed upon the MPs to endorse the local tribunal saying The Hague process would only deal with the heaviest offenders, leaving petty offenders scot-free.
Karua’s plea
“To say that we go to The Hague, it means only those responsible for international crimes will be tried, if at all. It means the person who raped, murdered or destroyed the property of another will walk scot-free,’ said the Gichugu MP.
And it was Public Service Assistant Minister Aden Sugow who carried the clarion call of ‘Let’s not be Vague, let’s go to The Hague,’ from the MPs’ lounge right in the Chamber.
“We do not have the moral standing to be able to have a very transparent and clear process to try those who were behind the clashes in this country… let me say this: Let us not be vague in this House; let us go to the Hague,” said Mr Sugow.
Kangundo MP, Johnson Muthama opposed the local tribunal saying the country has no capacity to try the suspects locally.
“Ni vyema tugeuze mbinu zetu kidogo ili kuwaonyesha wale ambao huuwa wengine kwamba ndege zitakuja, watawekwa ndani na kupelekwa kule, na kuiacha nchi hii ikiwa na amani. Kwa hayo ninapinga na kusema kwamba hapa hatuna uwezo wa kuwafanyia hao watu mashtaka. (We need to show those who murdered that the planes would soon be ready to take them there (The Hague) so that they leave this country in peace. So, I oppose the local tribunal because we do not have the capacity to try the suspects locally),” said Muthama.
Victims must be Paid by Pev but not money from the GOVT!!
PEV PERPETRATORS ARE SVIN-RICH !FREEZE THEIR ASSETS!
ICC orders suspects to declare wealth
Updated 8 hr(s) 9 min(s) ago
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Uhuru,Ruto rally in NakuruBy Peter Atsiaya and Vitalis Kimutai
The International Criminal Court (ICC) has ordered post-election violence suspects to declare their wealth.
The Standard established the court asked them to provide documents to prove ownership of their property. The move follows revelations that the ICC could freeze bank accounts of suspects found to have a case to answer.
One suspect, radio presenter Joshua Sang, confirmed to The Standard the court had ordered him to declare his wealth with supportive documents.
“I got the orders to give documents of what I declared as my property to the ICC,” Sang told The Standard on the telephone before he departed for The Hague Tuesday.
He added: “I have surrendered title deeds for my plot in Eldoret town, my land in Cherangany, a log book for my car, and my bank account”.
Scrutinise documents
Sang said the court wanted to scrutinise the documents. Efforts to reach Eldoret North MP William Ruto and his Tenderet counterpart Henry Kosgey to confirm if they received similar orders were futile.
They are among the ‘Ocampo Six’. Sang also said the court ordered him to declare his relationship with people who contributed in a fund raising to facilitate his travel to The Hague.
The ICC has since offered him legal help following a request.
“I have been ordered to declare the source of money raised for me and my relationship with those who contributed,” he explained. Sang added: “I have complied with the orders because I have nothing to hide”.
The presenter also welcomed the ICC decision to provide him with legal assistance.
“Provision of legal assistance is positive and I thank the court for considering my plea,” he added.
Sang held a fundraising in Nairobi where more than Sh3.3 million was raised.
This was after another one in Eldoret town, which netted more than Sh500,000.
Sang thanked well-wishers who responded to his call for assistance.
In 2008, PNU endorsed the Waki Report and called for a local tribunal. What changed after that? Useless Ruto and Uhuru are guilty as charged in the court of the public opinion. Impunity rules in Kenya and Ocampo might save the country by locking up his Kenyan guests.
YOU CAN READ HERE HOW SWEDEN WANTS TO MANIPULATE AFRICAN INTELLECTUALS AND CHECKING THEIR IQS KNOWLEDGE INTELLECTUAL ACUMEN ETC !DO YOU KNOW THE SWEDISH INSTITUTION ARE JUST THE SAME WITH BRITISH COLON IALISTS /WHEN IT COMES TO MILK AFRICA THEY ARE THERE!THEIR FORCES ARE FIGHTING IN AFGHANISTAN/LIB YA ETC KENYA INTELLECTUALS & GOVT MUST BE VERY SMART WHEN DEALING WITH WESTERN/EASTERN EUROPEANS HENCE ALL WANT A PIECE OF AFRICAN CAKE AND AFRICAN TO REMAIN DEPENDENCE FOR MANY YEARS TO COME!
Posted Tuesday, April 5, 2011 | By JAINDI KISERO
Last week, I was invited to speak to a group of Swedish fund managers and chief executives of private equity funds who have been visiting Kenya to explore investment opportunities.
I must confess that since WikiLeaks, I have grown cold feet about attending dinners and parties hosted by diplomats.
WikiLeaks revealed just how much Western diplomats rely on gossip and idle chatter to form impressions and perceptions on the goings-on in this and other countries.
Unlike journalists, a Western diplomat approaches news-gathering differently. He does not have to obey the right of reply rules.
I saw an opportunity of gauging the attitudes and perceptions of these potential investors. We discussed the broader macro-economic environment — why inflation has continued rising and why the shilling has been weakening.
We discussed the performance of the Nairobi Stock Exchange, and interest rates on government securities.
We debated the programme the government recently signed with the IMF, and how it is likely to affect the country’s next risk-rating and what it all means to foreign exchange reserves holdings at the Central Bank.
What had happened with the government’s plan to issue a Euro-bond? We discussed the fiscal stimulus, the tightening of monetary stance by the Central Bank, and how the implementation of the new Constitution was likely to affect domestic borrowing levels.
We discussed public debt. Despite a good growth record, Kenya is weighed down by a mountain of debt, its economy propped up by an ever-expanding government debt that is heading towards the equivalent of 50 per cent of the GDP.
How is the government going to maintain public spending on infrastructure in the wake of sharp falls in revenue collections?
We discussed public-private partnerships and the major projects currently lined up by the Kenya Ports Authority, KenGen, Kenya Railways Corporation, Kenya Airports Authority, and the Geothermal Development Company of Kenya.
We debated the case for a new framework law for public-private partnerships and how dogmatic application of public procurement regulations by the authorities in Kenya had hampered the success of these partnerships.
Still, it was clear that the issue at the top of their minds was the political uncertainty surrounding the post-Kibaki Kenya.
It did not help that they were here at the wrong time, bang in the middle of highly-emotive prayer rallies for the Ocampo Six.
The atmosphere was filled with strident rhetoric preaching blind ethnic solidarity. Clearly, the political elite is still far behind in terms of acquiring the attitudes of tolerance, mutual respect, and bargaining, which must become the practice before true democracy can thrive.
Can the country transit to a post-Kibaki Kenya peacefully? Is a repeat of the post-election violence possible? asked the visitors.
I found myself fumbling as I tried to explain how the new Constitution had introduced arrangements and systems that will reduce the stakes of losing an election.
I said the main reason why political competition tended to cause violence was because of the politics of exclusion and the winner-take-all mentality. This, I argued, had been tackled by the new Constitution.
I explained that the new Constitution had also introduced several new independent institutions, which will check abuse of power. Parliament will be more assertive and independent, I said.
I argued that devolution and new provisions prescribing that 15 per cent of national revenues be channelled to county governments would deal with perennial grievances about marginalisation of some tribes in the allocation of national resources.
Later, as I reflected on the discussion, I found myself debating the same subject and asking: Will the new Constitution cure tribalism and ethnic chauvinism?
A statement made by the famous Indian jurist, Nani Palkhivala, in a booklet I read several years ago came to mind.
He wrote: “National integration is born in the hearts of citizens. When it dies there, no army, no government, no constitution can save it”.
Ruto beats a retreat, rejects Hague trials
By NATION TEAM
Posted Wednesday, July 15 2009 at 19:06
Agriculture minister William Ruto was at it again on Wednesday. Tired of pushing for The Hague, he has now turned full circle and wants post-election violence cases handled by a Truth, Justice and Reconciliation Commission.
In doing this, he seems to be joining the chorus started by his Cabinet colleagues, Mr William ole Ntimama and Mr Najib Balala during Tuesday’s Cabinet meeting.
Mr Ruto was addressing mourners at Kiptere in Kericho District, during the burial of Mr Isaiah Mutai, a businessman.
Tried at the Hague
Mr Ruto has in the past argued strongly for sponsors of the violence that killed 1,133 to be tried by the International Criminal Court at The Hague, instead of having them dealt with locally.
While opposing the local trials, Mr Ruto had said that these would re-ignite ethnic clashes.
He has always added the rider that those who he accuses of rigging the 2007 presidential election should be made to account first before punishing those who were protesting against the outcome.
Though he voted for a local tribunal together with other Cabinet ministers in Parliament, Mr Ruto has publicly opposed setting up such a tribunal.
Yesterday, he led five other MPs from the Rift Valley in demanding that a truth, justice and reconciliation commission be set to address the issue.
His change of mind came barely a week after chief mediator Kofi Annan handed over the envelope with the list of key suspects to the prosecutor of the International Criminal Court, Mr Luis Moreno-Ocampo.
On Tuesday, a Cabinet meeting seeking to establish a local tribunal rejected the draft Independent Tribunal Bill.
The position taken by MPs is also likely to drive a wedge within ODM, whose leader Raila Odinga has been pushing for a local tribunal against the wishes of some of the party MPs.
Mr Ruto on Wednesday claimed that both the International Criminal Court and the local tribunal were not capable of addressing the root cause of the post-election violence which also displaced over 650,000 people.
“Neither Moreno-Ocampo nor Barack Obama will help us. A local tribunal will also not address all the issues,” he said.
Similar sentiments were expressed by Roads minister Franklin Bett, Energy assistant minister Charles Keter, MPs Benjamin Lagat, Zakayo Cheruiyot and Julius Kones.
Mr Cheruiyot said the country was going through a leadership crisis and both President Kibaki and Prime Minister Odinga should show leadership by preaching reconciliation.
And Mr Lagat said: “If the PM says that he was wronged, why didn’t he go to court? And if President Kibaki believed that he won the election and Raila incited his followers to cause chaos, then why didn’t he go to the Hague? They should not subject others to systems they themselves have no faith in.”
Mr Keter said that if the list did not have the names of the two principals then it was “fake” because it was for their sake that people fought.
Outside Constitution
Mr Lagat said that the current government was negotiated outside the Constitution and therefore the two leaders should seek ways outside the local and international laws to solve the country’s problems.
Dr Kones dismissed the Waki report as “an incompetent piece of work” that cannot be relied upon to sustain a prosecution at the Hague.
The local tribunal, on the other hand, he said is subject to manipulation.
In the meantime, political parties yesterday retreated to plot the fate of the draft Bill seeking to set up a local tribunal.
The Cabinet is scheduled to meet on Monday to discuss the Bill which was shelved after Cabinet ministers disagreed on some clauses.
PNU vice-chairman Noah Wekesa On Wednesday said his party wants key suspects to be tried by the Hague.
However, a PNU meeting planned to start on Wednesday in Naivasha to chart the party’s position on the Bill was post-poned.
Another PNU vice-chairman, Mr George Nyamweya, had said the party’s coalition members would possibly go for both local and foreign trials.
Justice minister Mutula Kilonzo, whose draft Bill, which had suggested that the President be stripped of his immunity from prosecution, was rejected by the Cabinet, said Kenya placed itself between a rock and a hard place when, in March 2005, it ratified the Rome agreement establishing the ICC.
“We have to be bold and accept that the moment we signed and ratified the Rome Statute, we rendered our Constitution subservient to the convention,” he said.
In an interview with the Nation, the Justice minister questioned the objections raised over the proposal to strip the President of immunity from prosecution, saying that the Hague does not recognise them. Neither does it recognise the President’s powers to give amnesty.
Other proposals that were also rejected by the Cabinet was one barring the Chief Justice from transferring any judge attached to the special tribunal; blocking courts from issuing injunctions against proceedings before the tribunal; allowing crimes that were committed before the International Crimes Act came into force to be tried and one third of the tribunal judges being foreigners.
The President postponed a decision to Monday to allow ministers time to study the proposals.
Ms Betty Murungi, a human rights law expert, described the indecision of the Cabinet as unfortunate and called on ministers to close ranks and support the clauses.
She argued that Mr Moreno-Ocampo would not accept a tribunal that did not meet international standards.
And speaking to editors, UN Resident and Humanitarian Coordinator Aeneas Chuma warned of the perils of politicising the process of ending impunity.
“Statements, newspaper articles and TV cues suggesting culpability of certain personalities at this stage are not very helpful as they help to widen the political and tribal rivalries, thereby deepening resentment among citizens,” he said.
Reported by Daniel Otieno, Bernard Namunane and Lucas Barasa
http://www.nation.co.ke/News/-/1056/624624/-/item/0/-/vgyb7mz/-/index.html
Let this murderer go to Hague no Vague>Ruto has been murdering /Maiming/Burning /Raping Kikuyu ever since his years as a Moi 92 Youth Wing!He raised his Political carrer from shedding the blood of Innocent Kikuyus Living in the Rift Valley! May he rot in Hague!
AMEN AMEN AMEN !
To think twice before you do anything or act on some issues when your minds are cool is a very meaningful thoughts to those people who can lead others but when you find people who are confused by events then you know that those people can not be relied on.
Ruto and ICC Case is just normal as other cases are being done to any ofenders accused in any criminal cases,if he Ruto could rely on his party ODM, the case could have been solved in a simple manner as a party issue but Ruto isolated himself from the party and played games against his party which could carry the ICC Case in defence of the event against PNU propaganda.
Now Ruto wanted to run his own way to be known as ODM alone and did not want ODM machinery as a party to advice him,instead he chose to tell the World that he did it alone without the party’s knowledge. and chose his group from Rift Valley who proves to show that they were doing things they know lonely without ODM’s awareness. Now how can Raila and ODM help a such behavior from his party if some members have chosen to be against their own party?
The same Ruto want to make alliances with those people they burned their homes and many people died and some displaced up to this moment totalling to 3 years now out of their homes? Can Ruto come out from that trap? How can you join with the enemies you were hunting in election and then the violence killed their people?
ODM had only one simple question to ask Kibaki why he ordered the Police to be trained as an agents of PNU in election and authorised Police to shoot and kill any ODM demonstrators who had no weapons? Ruto and his team are the lost and confused people who have no place to go. No forward or backward. I mean they are not good friends with Mount Kenya group and also in ODM party.Where are they ending their plans? The answer is that they are ending their journey in to destruction and nockout from Politics.
Ruto was against the local Tribunal to be established in the Kenyan, now the same Ruto is supporting refferral of ICC to be done in Kenya where he Ruto knows that there is no any establishment of ICC Rome Statute International Standard Court in Kenya. Whom is he cheating? The African Union or the UN Security Council which deals with Humanrights? Or him Ruto and PNU alliances think Kenyans are still fools who can not see or know their plans? Kenyans have got wise men there to see wrong and good things like the ones they are trying to introduce tribal and impunity to stay. Where will such impunity stay? Not in Kenya, Kenyans are now very wise to such foolishness amoung them.
Let the six answer their crimes cases in ICC Hague if proved innocence then they will come back in Kenya as free men but not for Presidency as they sing. Who chose them to speak for Kenyans issue? Kenyans choose their Presidents by vote but not on the people making noise on the streets.
The cases against the ocampo 6 have drawn intense curiosity amongst kenyans on the operations of an international criminal court, and many are making the journey to arusha tanzania where the international criminal tribunal for rwanda operates, if only to get a feel of what the 6 will be going through at the hague.
http://www.ktnkenya.tv/new/?page_id=1&id=2000032670
Some of the six rejected local tribunal option
By Peter Opiyo
President Kibaki and Prime Minister Raila Odinga voted for a special local tribunal despite opposition from MPs on a local mechanism to try post-election violence suspects.
Head of Public Service and Secretary to the Cabinet Francis Muthaura had earlier communicated to the MPs to support the local mechanism. The letter would later elicit fury in Parliament with then Ikolomani MP Bonny Khalwale tabling the document saying it was authored by ‘a stranger in this House’.
“As evidenced by the presence of the two principals in the House, I am disturbed that I am not too sure whether the independence of the House is going to be exercised today,” added Dr Khalwale.
Speaker Kenneth Marende, however, overruled Khalwale, saying the letter was exclusively to ministers and assistant ministers and that Parliament was not bound by it.
This cleared the way for voting on the Bill, which Kibaki and Raila rallied their troops to garner 101 votes against 93, forcing the Bill to lapse. The Government side required at least 145 MPs (65 per cent) to pass the Bill.
In an interview with Reuters after the vote, Raila expressed his disappointment saying the defeat was a big blow to the fight against impunity.
“This is a setback in the war against impunity and injustice, the Government will take stock and move forward,” Raila told Reuters.
Prior to the voting MPs had debated over the matter with the backbenchers opposing the establishment of a local process, saying it would be manipulated.
Former Justice Minister Martha Karua, however, said the local tribunal would be a special one with credible structures.
“Those who are saying they have no faith in our justice system, this will not be our normal justice system. It is a special system where a prosecutor will be hired from the international pool. It is where a special registrar and investigator will be hired and where the tribunal and the special magistrate will be manned by people selected through a different process,” said Ms Karua.
She prevailed upon the MPs to endorse the local tribunal saying The Hague process would only deal with the heaviest offenders, leaving petty offenders scot-free.
Karua’s plea
“To say that we go to The Hague, it means only those responsible for international crimes will be tried, if at all. It means the person who raped, murdered or destroyed the property of another will walk scot-free,’ said the Gichugu MP.
And it was Public Service Assistant Minister Aden Sugow who carried the clarion call of ‘Let’s not be Vague, let’s go to The Hague,’ from the MPs’ lounge right in the Chamber.
“We do not have the moral standing to be able to have a very transparent and clear process to try those who were behind the clashes in this country… let me say this: Let us not be vague in this House; let us go to the Hague,” said Mr Sugow.
Kangundo MP, Johnson Muthama opposed the local tribunal saying the country has no capacity to try the suspects locally.
“Ni vyema tugeuze mbinu zetu kidogo ili kuwaonyesha wale ambao huuwa wengine kwamba ndege zitakuja, watawekwa ndani na kupelekwa kule, na kuiacha nchi hii ikiwa na amani. Kwa hayo ninapinga na kusema kwamba hapa hatuna uwezo wa kuwafanyia hao watu mashtaka. (We need to show those who murdered that the planes would soon be ready to take them there (The Hague) so that they leave this country in peace. So, I oppose the local tribunal because we do not have the capacity to try the suspects locally),” said Muthama.
By Peter Opiyo
President Kibaki and Prime Minister Raila Odinga voted for a special local tribunal despite opposition from MPs on a local mechanism to try post-election violence suspects.
Head of Public Service and Secretary to the Cabinet Francis Muthaura had earlier communicated to the MPs to support the local mechanism. The letter would later elicit fury in Parliament with then Ikolomani MP Bonny Khalwale tabling the document saying it was authored by ‘a stranger in this House’.
“As evidenced by the presence of the two principals in the House, I am disturbed that I am not too sure whether the independence of the House is going to be exercised today,” added Dr Khalwale.
Speaker Kenneth Marende, however, overruled Khalwale, saying the letter was exclusively to ministers and assistant ministers and that Parliament was not bound by it.
This cleared the way for voting on the Bill, which Kibaki and Raila rallied their troops to garner 101 votes against 93, forcing the Bill to lapse. The Government side required at least 145 MPs (65 per cent) to pass the Bill.
In an interview with Reuters after the vote, Raila expressed his disappointment saying the defeat was a big blow to the fight against impunity.
“This is a setback in the war against impunity and injustice, the Government will take stock and move forward,” Raila told Reuters.
Prior to the voting MPs had debated over the matter with the backbenchers opposing the establishment of a local process, saying it would be manipulated.
Former Justice Minister Martha Karua, however, said the local tribunal would be a special one with credible structures.
“Those who are saying they have no faith in our justice system, this will not be our normal justice system. It is a special system where a prosecutor will be hired from the international pool. It is where a special registrar and investigator will be hired and where the tribunal and the special magistrate will be manned by people selected through a different process,” said Ms Karua.
She prevailed upon the MPs to endorse the local tribunal saying The Hague process would only deal with the heaviest offenders, leaving petty offenders scot-free.
Karua’s plea
“To say that we go to The Hague, it means only those responsible for international crimes will be tried, if at all. It means the person who raped, murdered or destroyed the property of another will walk scot-free,’ said the Gichugu MP.
And it was Public Service Assistant Minister Aden Sugow who carried the clarion call of ‘Let’s not be Vague, let’s go to The Hague,’ from the MPs’ lounge right in the Chamber.
“We do not have the moral standing to be able to have a very transparent and clear process to try those who were behind the clashes in this country… let me say this: Let us not be vague in this House; let us go to the Hague,” said Mr Sugow.
Kangundo MP, Johnson Muthama opposed the local tribunal saying the country has no capacity to try the suspects locally.
“Ni vyema tugeuze mbinu zetu kidogo ili kuwaonyesha wale ambao huuwa wengine kwamba ndege zitakuja, watawekwa ndani na kupelekwa kule, na kuiacha nchi hii ikiwa na amani. Kwa hayo ninapinga na kusema kwamba hapa hatuna uwezo wa kuwafanyia hao watu mashtaka. (We need to show those who murdered that the planes would soon be ready to take them there (The Hague) so that they leave this country in peace. So, I oppose the local tribunal because we do not have the capacity to try the suspects locally),” said Muthama.
http://www.standardmedia.co.ke/InsidePage.php?id=2000032682&cid=4&
Victims must be Paid by Pev but not money from the GOVT!!
PEV PERPETRATORS ARE SVIN-RICH !FREEZE THEIR ASSETS!
ICC orders suspects to declare wealth
Updated 8 hr(s) 9 min(s) ago
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The International Criminal Court (ICC) has ordered post-election violence suspects to declare their wealth.
The Standard established the court asked them to provide documents to prove ownership of their property. The move follows revelations that the ICC could freeze bank accounts of suspects found to have a case to answer.
One suspect, radio presenter Joshua Sang, confirmed to The Standard the court had ordered him to declare his wealth with supportive documents.
“I got the orders to give documents of what I declared as my property to the ICC,” Sang told The Standard on the telephone before he departed for The Hague Tuesday.
He added: “I have surrendered title deeds for my plot in Eldoret town, my land in Cherangany, a log book for my car, and my bank account”.
Scrutinise documents
Sang said the court wanted to scrutinise the documents. Efforts to reach Eldoret North MP William Ruto and his Tenderet counterpart Henry Kosgey to confirm if they received similar orders were futile.
They are among the ‘Ocampo Six’. Sang also said the court ordered him to declare his relationship with people who contributed in a fund raising to facilitate his travel to The Hague.
The ICC has since offered him legal help following a request.
“I have been ordered to declare the source of money raised for me and my relationship with those who contributed,” he explained. Sang added: “I have complied with the orders because I have nothing to hide”.
The presenter also welcomed the ICC decision to provide him with legal assistance.
“Provision of legal assistance is positive and I thank the court for considering my plea,” he added.
Sang held a fundraising in Nairobi where more than Sh3.3 million was raised.
This was after another one in Eldoret town, which netted more than Sh500,000.
Sang thanked well-wishers who responded to his call for assistance.
The Naivasha stories because of PEV: