/ 1 April 2010

Praise for ICC move on Kenya poll unrest

The International Criminal Court’s (ICC) approval for an investigation of political unrest in Kenya won widespread praise on Thursday, with the former UN chief who ended the violence calling it an “important day for justice”.

Kenya’s failure to set up a tribunal to try suspects of the worst unrest since independence prompted former UN secretary general Kofi Annan to hand in the names of key suspects to the ICC.

The court on Wednesday allowed prosecutor Luis Moreno-Ocampo to launch an investigation into the fighting after a presidential election in December 2007 that left about 1 500 people dead and displaced hundreds of thousands.

“This is an important day for justice in Kenya. Justice for the victims suddenly looks brighter. I urge all concerned to fully cooperate with the ICC,” said Annan in a statement.

Kenyan Justice Minister Mutula Kilonzo said he “welcomed” the decision.

Moreno-Ocampo said the approval was “very important”, and meant that “there will be no impunity for those most responsible for crimes committed during the post-election violence”.

“Justice will contribute to preventing future crimes in Kenya,” said the prosecutor.

Earlier this month, Moreno-Ocampo gave judges 20 names of “senior political and business leaders” he said “organised, enticed and/or financed attacks against the civilian population on account of their perceived ethnic and/or political affiliation”.

The 20 were associated with the Party of National Unity (PNU) of President Mwai Kibaki and the Orange Democratic Movement (ODM) led by Raila Odinga, which was then in opposition, the prosecutor’s office said at the time.

Kibaki and Odinga agreed to work in a unity government under the agreement negotiated by Annan in early 2008, but the power-sharing government has been beset by numerous powers wrangles.

Last year, Kenyan lawmakers rejected a Bill introduced aimed at setting up a local court arguing that it could be susceptible to political interference. Attempts to reintroduce the legislation also foundered.

Observers said the ICC investigation into Kenya could be quicker than the one into Darfur.

“It could be quicker as Ocampo has more elements to hand and it’s easier to get to the areas concerned,” said a Nairobi-based diplomat who asked not to be identified.

The New York-based Human Rights Watch (HRW) said the ICC decision will bolster confidence in future elections.

“The decision today [Wednesday] can help Kenya turn the corner,” said Elizabeth Evenson, HRW’s lawyer. “A full investigation into possible crimes against humanity can help restore confidence among Kenya’s people that elections don’t have to turn into bloodbaths.”

The East Africa country is to hold its next general election in 2012. — AFP