Ethiopian Review

Nairobi — The onus of establishing a local tribunal rests with the cabinet on Monday as the debate on whether to try the perpetrators of post poll violence through the local tribunal or the International Criminal Court at The Hague reaches a crescendo.

According to the Kenya Human Rights Commission and the civil society it’s a tuff choice for the cabinet, as time is of the essence following the agreement between the government delegation and ICC prosecutor Luis Moreno Ocampo on 3rd July.

They say a local tribunal is the way to go since it will prosecute those with the greatest responsibility as well as those culpable with lowest responsibility.

However the credibility of the mechanisms to be employed in the formation of a local tribunal remains a challenge.

The government is expected to present a progress report on the month of September on mechanisms to establish a local tribunal, and the decision by the cabinet is likely to provide a way forward, with another stalemate expected to dissipate more time and prompt ICC prosecutor Luis Moreno Ocampo to commence investigation.

Elsewhere, two Members of Parliament have threatened to present a parallel envelop to the International Criminal Court prosecutor Moreno Ocampo.

Cherangany MP Joshua Kutuny and his Nithi counterpart Kereke Mbiuki said the best option should be truth and reconciliation.

They spoke as other MPs dismissed calls to have the post election matters solved through the Truth, Justice and Reconciliation Commission.

The MPs said justice must be given to victims of post election violence.

Speaking at St. Francis School in Cherangany, area MP Joshua Kutuny said what Kenyans need is reconciliation.

But speaking elsewhere during a fundraiser at Wahundura School in Mathioya constituency, a section of MPs led by Planning assistant Minister Peter Kenneth, said the perpetrators of the post election should either be tried at The Hague or locally.

Kenneth and Special programmes assistant Minister Muhamud Ali said suspected perpetrators of the violence should be handled in a way that will not divide the country.

They said the justice must be carried out, whether or not the country chooses the local tribunal, or the International Criminal Court.

The process must be carried out carefully so as not to divide the country further.

Legislators Elias Mbau, Alex Muiru, Clement Muchiri and Emilio Kathuri supported the Hague option.

And speaking at a funeral in his constituency, Nairobi Metropolitan Minister Njeru Githae also supported the Hague option for planners and financiers of the chaos, and a local tribunal for other offenders.

He said the report released by the Kenya National Commission on Human Rights, implicating cabinet Minister among perpetrators of the post election violence, should not be trashed, but should be used as the basis for further investigations. ENDS

- By Collins Anampiu/Rosalia Opondo | KBC