The government on Monday admitted that it would not keep the promise it made to the International Criminal Court to set up a local tribunal by September 30.
Instead, it will write to the ICC asking for more time to pass the law which will set up the tribunal.
This is the third time the government is failing to honour deadlines in bringing to justice those who masterminded the violence that erupted after the 2007 presidential election.
‘We have failed’
“Let us face the facts as they are; we cannot beat the deadline set by the ICC during our July 3 meeting. We have failed,” admitted Justice, National Cohesion and Constitutional Affairs minister Mutula Kilonzo.
At that meeting, the government committed to setting up the tribunal and provide information on witness protection and progress in investigations.
“On the other two, we have already achieved. But we have failed to convince the country to accept a credible judicial mechanism for trying the post-election violence perpetrators,” Mr Kilonzo said.
Parliament went on recess without discussing the Imanyara Bill, which proposes the establishment of such a tribunal. The Cabinet rejected a similar proposal by Mr Kilonzo.
Mr Kilonzo said although the Bill had received the Speaker’s consent, it was still not tabled. “Therefore, we haven’t fulfilled our obligation,” he said, adding that he would either write or call ICC prosecutor Luis Moreno-Ocampo to brief him on the new development.
“We will tell him sorry,” he said.
The minister did not seem too sure how he was going to get in touch with Mr Moreno-Ocampo, saying he had not decided whether to write or call him.
Closed chapter
He also seemed to have given up on a local tribunal, at one time saying he considered it a “closed chapter” and that the sooner Mr Moreno-Ocampo comes to Kenya, the better for the country.
Kenya has ratified and domesticated the Rome Statutes and the ICC prosecutor was free to come into the country. The Internal Security ministry had the power to extend such as invitation, said Mr Kilonzo.
A request for an extension of time is unlikely to be received warmly at The Hague.
In a statement on the ICC website, Mr Moreno-Ocampo said he wanted to make Kenya an example to the world on how to deal with impunity.
President Kibaki and Prime Minister Raila Odinga were to sign a pact for the formation of the tribunal by December 17, last year. After that, MPs were to have until January 30, 2009, to amend the Constitution and entrench the tribunal, which was to be up and running by March 1, 2009.
Kenya asked for more time until end of July, and later until September 3.
“The failure lies on the shoulders of the whole country and I cannot carry the baby alone,” Mr Kilonzo said.
He was speaking at a Naivasha hotel during an induction for members of the Truth, Justice and Reconciliation Commission (TJRC).
He told the team that the TJRC Act gave them the independence to do their work without interference.
Witch-hunting
“Universally, TJRCs are known to be very expensive. It is, therefore, expected that you will design a process and structures that are responsive of these facts,” the minister said.
The truth team is not an instrument of prosecution or witch-hunting, nor can it be a whitewash as the sceptics would want to suggest, he said.
Kenya has ratified and domesticated the Rome Statutes and the ICC prosecutor was free to come into the country. The Internal Security ministry had the power to extend such as invitation, said Mr Kilonzo.
A request for an extension of time is unlikely to be received warmly at The Hague.
In a statement on the ICC website, Mr Moreno-Ocampo said he wanted to make Kenya an example to the world on how to deal with impunity.
President Kibaki and Prime Minister Raila Odinga were to sign a pact for the formation of the tribunal by December 17, last year. After that, MPs were to have until January 30, 2009, to amend the Constitution and entrench the tribunal, which was to be up and running by March 1, 2009.
Kenya asked for more time until end of July, and later until September 3.
“The failure lies on the shoulders of the whole country and I cannot carry the baby alone,” Mr Kilonzo said.
He was speaking at a Naivasha hotel during an induction for members of the Truth, Justice and Reconciliation Commission (TJRC).
He told the team that the TJRC Act gave them the independence to do their work without interference.
Witch-hunting
“Universally, TJRCs are known to be very expensive. It is, therefore, expected that you will design a process and structures that are responsive of these facts,” the minister said.
The truth team is not an instrument of prosecution or witch-hunting, nor can it be a whitewash as the sceptics would want to suggest, he said.
“It cannot target particular communities or individual personalities, otherwise its purpose would be defeated,” he said.
Its job is to heal the wounds of the victims and reconcile the nation, he said and called on the international community to help. The induction was attended by TJRC chairperson Bethuel Kiplagat, his deputy Betty Murungi and other commissioners.
originally posted @ The Nation