Ethiopian Review

Nairobi — For the second time in 2 weeks, a special cabinet meeting convened to try and unlock the current stalemate on the formation of a local tribunal ended with the ministers unable to come to a consensus.

The matter was instead left to Justice Minister Mutula Kilonzo and his team to fine tune the draft bill on the local tribunal and present it to cabinet for further deliberation next week.

A brief statement from the Presidential Press Service stated that the Cabinet deliberated the implementation of legislation for the establishment of a Special tribunal with top on the agenda being, The Rome Statute, The International Crimes Act (Act 16 of 2008), and the minutes of the meeting between International Criminal Court (ICC) Prosecutor Luis Moreno Ocampo and the government’s delegation to the Hague early this month.

The statement further stated, “After making considerable and substantial progress the cabinet adjourned to next week to enable a team headed by the Minister for Justice, National Cohesion and Constitutional Affairs to refine the proposals discussed.”

This to some extent points to more bias for a local tribunal although there are issues that those who favoured The Hague option would want addressed first while fine tuning the bill.

Among the issues that have split the cabinet are the two principals, President Mwai Kibaki and PM Raila Odinga’s immunity from prosecution, presidential powers to pardon convicts, the Attorney General’s powers to enter a nolle prosequi, and the transfer of a tribunal judge by the Chief Justice.

‘The envelope’

ICC chief prosecutor Luis Moreno-Ocampo however remains upbeat the country will find a way forward in forming a local tribunal.

The matter now seems further from being resolved soon as the government remains split on whether the perpetrators of the post-election violence should be tried locally or by the International Criminal Court based at The Hague.

The matter came to a head earlier this month when the chief mediator in the Kenyan peace talks, former UN chief Kofi Annan handed over the envelope containing names of suspects of the post poll chaos to Ocampo.

On Thursday Ocampo opened the envelope but did not reveal the names contained therein.

However a report released by the Kenya National Human Rights Commission named seven cabinet ministers, several MPs as being among the suspects whose names are contained in the envelope.

Since then there have been vehement denials and rubbishing of the report among the politicians named with some who had even earlier supported The Hague option now beating a hasty retreat and supporting a local tribunal.

- By:Collins Anampiu/Rose Kamau | KBC