Maravi

Kenya keeps options open on violence court

Kenya keeps options open on violence court
Written by Andrew Cawthorne and Wangui Kanina
Friday, July 31, 2009 3:40:40 PM

NAIROBI (Reuters) - Kenya's divided cabinet left options open on Thursday in a politically charged debate over whether to pursue local or international justice for the masterminds of last year's post-election violence. The Hague-based International Criminal Court (ICC) is ready to step in if Kenya's coalition government does not create its way to try those accused of causing violence that killed at least 1,300 people and uprooted more than 300,000.

After an all-day cabinet session -- the third such meeting over the court issue -- a government statement said five options were discussed, but only vague commitments to reforms and the rule of law were approved at the end.

Failure to set up a local court will bring the ICC option closer, and the statement hinted at that.

"Cabinet...reaffirmed its commitment to rule of law, and in particular its commitment to the International Criminal Court and will cooperate and fulfil its obligations to the Court under the Rome Statute," it said in the first of four approved points.

It also promised local judicial reforms, showing the door may still be open for domestic justice.

While some see justice for the 2008 chaos as crucial to future stability in east Africa's largest economy -- which faces its next poll in 2012 -- others warn any judicial process could destabilise Kenya by stirring up old hatreds.

One analyst said the lack of a concrete decision by cabinet showed that President Mwai Kibaki and Prime Minister Raila Odinga had lost control of their teams.

"The two principals appear to have lost any clout they had," political commentator Kwamchetsi Makokha said. "They have basically waffled for three weeks over this issue. It shows a loss of control. They are not in charge of their troops."

Analysts accused the cabinet of ignoring a report by a local commission into the causes of the crisis, the Waki report, that had called for a local tribunal to be set up.

"The Kenyan cabinet has again ducked the most important issue facing the country and chosen to delay justice for the victims of the post-election violence further still," Human Rights Watch (HRW) said in a statement.

Ben Rawlence, Kenya Researcher for HRW, said the government was now hoping local prosecutions under existing mechanisms would deliver justice.

"This is not what Kenyans expect and it is not what the government promised. It is a dark day for Kenya," he said.

Politicians stoked tribal tensions prior to the last election, and activists say a handful of prominent Kenyans -- including several sitting ministers -- should face justice.

Foreign donors, disillusioned Kenyans and local markets -- which bombed during last year's crisis and have been jittery over coalition divisions -- are following the debate closely.

Kibaki and former opposition leader Odinga disputed the December 27 vote, with Kibaki declared winner by a tight margin but Odinga claiming fraud. After several months of chaos, which paralysed key sectors of the economy, they formed a coalition which stemmed the violence but has been riven by bickering.

Both Kibaki and Odinga support a local court, though the majority of Kenyans want the ICC to take the case, believing a domestic tribunal might be a whitewash.

The Cabinet statement promised "far-reaching reforms" in judiciary and police; a crackdown on impunity for violence and corruption; and improvements to a Truth, Justice and Reconciliation Commission hoped to heal wounds from 2008.

"Cabinet is confident that with proper healing and reconciliation, Kenya will not face the events of last year's post-election violence," it said.

Labels: KENYA

posted by MrK @ 2:40 PM