By Steve Mkawale
Prime Minister Raila Odinga appeared to soften his stand on the International Criminal Court trials, triggering speculation ODM could be keen on having the ‘Ocampo Four’ tried locally.
When the premier jetted back from a recent visit to the US, he seemed to back resolutions adopted by the East African Legislative Assembly (Eala), asking for the transfer of the ICC cases to the East Africa Court of Justice (EACJ).
Raila, who was fielding questions from journalists at the Jomo Kenyatta International Airport, said he could not contradict what President Kibaki had decided concerning the ICC cases and Eala’s decision.
“A decision has been made. Do you want me to contradict what the President has decided on?” posed Raila. The response contradicts Raila’s previous hardline stance on the ICC intervention, which fuelled a political feud between him and the suspects led by Eldoret North MP William Ruto and Deputy Prime Minister Uhuru Kenyatta.
Raila is on record supporting the prosecution of Ruto, Uhuru, former Head of Public Service Francis Muthaura and radio journalist Joshua Sang at The Hague-based court.
The PM says justice is vital for the victims and alleged perpetrators of post-election violence.
Shuttle diplomacy
The ODM wing of the Grand Coalition was critical of the last year’s failed shuttle diplomacy by Vice-President Kalonzo Musyoka to have the cases deferred.
Last week, Eala, while sitting in Nairobi, passed a motion urging the ICC to transfer Kenya’s cases to the regional court in a move that many said raised eyebrows.
A meeting of Presidents of member states endorsed the move. President Kibaki, Rwanda’s Paul Kagame, Tanzania’s Jakaya Kikwete, Uganda’s Yoweri Museveni and Burundi First Vice-President Thérence Sinunguruza mandated the council of ministers to expedite amendment of the treaty to extend jurisdiction of the East African Court of Justice to cover crimes against humanity.
Article 27 (1) limits the court’s jurisdiction to interpretation and application of the treaty.
Raila’s Orange party has for long been critical of the push to have the Kenyan cases tried locally.
However, the change of tune began in January when the PM’s wife, Ida, said Kenya should seek mechanisms that would allow the cases brought back home.
Ida said she shares in the anguish that the families of the suspects.
“Having been a wife of a former prisoner, I do understand how their families feel,” she said.
“My mother in-law succumbed to depression when her son, Raila Odinga, was in prison. I can tell you it’s not a good feeling,” she said in a statement. Recently, Regional Development Minister Fred Gumo made similar calls in Kitale.
