East African Center For Law & Justice


ICC Options

The recent change of stand by the ODM members to support a referral of ICC cases against the 6 Kenyan suspects caused confusion, since they earlier were against the deferral idea. The party even went ahead to state that it will sponsor a Bill to create a local tribunal which the PM was quick to clarify did not mean abandoning the ICC trials. He maintains that the suspects must be tried at the International Criminal Court, unless the government agrees to put in place a competent local mechanism controlled by foreign judges, prosecutors and investigators.

The PM explained that ODM party has fears that a local judicial system controlled by Kenyans would be manipulated by the suspects to favor them. He had even proposed that the American Federal Bureau of Investigations and the Scotland Yard Police should be invited to lead the investigations, otherwise the trials should continue at The Hague until there is a proficient local system to handle the cases.

Mr Odinga also warned that PNU, ODM's coalition partner, would not accept these tough conditions of having a local judicial system... "They are talking about a kangaroo court which they can manipulate to get these people (the six suspects) acquitted and that is not acceptable to us," he said.

ODM is however divided on the proposal to pay legal fees for three of its members on Ocampo's list, who are expected to face trials at the ICC in a week's time. This comes following a declaration by a section of the party members that the party would hire a legal defense team for Deputy Party Leader William Ruto, Chairman Henry Kosgey and Journalist Mr. Sang. The country waits to see how the cases are going to be handled, these being the first in the ICC.

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