Effort to transfer ICC cases to EAC court challenged

By Ally Jamah and Judy Ogutu

The Kenya National Commission on Human Rights has accused the Government of protecting the four suspects facing charges at the International Criminal Court over the post-election violence of 2008.

At the same time, a researcher has moved to court in yet another attempt to bring to an end the two cases.

Challenging the latest move to have ICC cases transferred to the East African Court of Justice, KNCHR said it was just another tactic by the Government to shield the politically influential suspects from answering to war crimes charges.

"This is not about justice for Kenyans. It is all about politics and protecting a few individuals. They seek to add protocols to the EACJ just for the sake of four people," said Commissioner Lawrence Mute in a news conference in Nairobi on Monday.

He accused the Government of double standards with regard to EACJ, saying it recently argued against the court hearing a case of alleged human rights violations in Mt Elgon by the State security forces.

Double-standards

"That time, the Government insisted the court has no jurisdiction to hear the cases, now it is arguing otherwise. This is just about selfish interests of a few individuals, not the interests of the nation," said Mute, who was accompanied by commissioners Ann Munyiva-Ngugi and Fatuma Ibrahim.

KNCHR asked the Government to drop the plan of challenging ICC’s jurisdiction with regard to cases facing Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Francis Muthaura and journalist Joshua arap Sang.

Last week, the East African Legislative Assembly endorsed a Motion urging ICC to transfer the trials of the four suspects from its jurisdiction to the East African Court of Justice. The 10th Extraordinary session of the East African Community summit held in Arusha resolved to extend the jurisdiction of the EACJ to cover crimes against humanity.

Another twist

It is also expected AU meeting next month will discuss a protocol to give the African court on Human and Peoples’ Rights jurisdiction over international crimes.

Meanwhile, Moraa Gesicho, a researcher, claims President Kibaki co-operated with the ICC despite the fact that the Commission of Inquiry into the Post-Election Violence had found that crimes committed in Kenya following the 2007 presidential election did not require intervention of the court.

"Therefore, the President ought to exercise his authority and bring to an end the cases at the ICC to restore the sovereignty of the republic," she argues in the petition filed in court.