Given the showdown at the ICC review conference in Kampala, Uganda, between Attorney-General Amos Wako and Prime Minister Raila Odinga's Special Adviser on coalition matters Miguna Miguna, there are fresh fears the Government may not be ready to co-operate with the ICC Chief Prosecutor Luis Moreno-Ocampo. Writers Moses Njagih and Peter Atsiaya spoke to Ndaragwa MP Jeremiah Kioni and his Matungu counterpart David Were on their views.
Yes: Ndaragwa MP Jeremiah Kioni
QUESTION: Do you think there is sustained commitment by the Government in cooperating with the ICC team investigating post-election violence in Kenya?
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| Ndaragwa MP Jeremiah Kioni |
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| Matungu MP David Were |
ANSWER: I don't have any reason to doubt the Government's commitment in cooperating with ICC. Our domesticating of the Rome statute is a strong indicator that we wanted to work with the ICC. That is why we have seen Ocampo visit the country and accorded support on whoever he wanted to meet or wherever he wanted to visit.
QUESTION: A member of the Waki Commission that investigated causes of the chaos and recommended ICC intervention has claimed Kenya would not be so forthcoming with its assistance because of alleged involvement of the security forces. Comment.
ANSWER: You can understand where the member is coming from when he expresses his fears. He is rightly suffering from hangovers of the past regime when such things involving security forces were never pursued. If you evaluate the happenings of the past five years you can tell the way of doing things by Government has really changed.
QUESTION: Ocampo admitted at the Kampala conference that his team was faced with problems investigating the chaos. Do you think the team will overcome the obstacles?
ANSWER: It is normal for Ocampo and his team to face challenges in handling the investigation, and they should actually expect more as there are those willing to cover up and frustrate the investigation. But I think Ocampo and his team have the capacity to overcome these obstacles.
QUESTION: Two wings of the Grand Coalition's official delegation to the ICC conference clawed at each other after differing over what took them to the conference. Comment.
ANSWER: It is sad for those in authority to embarrass the nation at such forums. The AG was in Kampala as the legal official of the Government. It was wrong for the PM to send Miguna Miguna, whose intention was to out-do the Government's voice.
QUESTION: Do you think Kenya is right to support the ICC yet it is equally party to the African Union (AU) agreement, which asks members to shun the ICC because of the indictment of Sudanese President Omar al-Bashir?
As a country we must not support violation of human rights. Those responsible for genocide and other crimes against humanity must not be shielded from taking responsibility. The same measure used for African leaders must also be used against others, including Europe.
QUESTION: Independent observers have noted Kenya's support for AU puts the country in a tricky situation because the AU could take the same stand when time to arrest Kenya's suspects come. Comment.
ANSWER: We should be objective in the way we are taking the position and supporting the ICC. We must be guided by reason in support for humanity.
No: Matungu MP David Were
QUESTION: Do you think there is sustained commitment by the Government in cooperating with the ICC team investigating post-election violence in Kenya?
ANSWER: No. The Government has not shown any commitment. Relevant authorities that are supposed to work with the detectives from ICC to facilitate smooth investigation into the cases are reluctant. This raises questions as to why the Government was not ready to show commitment in cooperating with the ICC.
QUESTION: A member of the Waki Commission that investigated causes of the chaos and recommended ICC intervention has claimed Kenya would not be so forthcoming with its assistance because of alleged involvement of the security forces. Comment.
ANSWER: I agree with that observation because the security forces that were involved in bringing down innocent Kenyans were serving interests of prominent officials in the Government who would protect them at all costs. The same security forces would be required to give a helping hand to ICC investigators, which is not practically possible.
QUESTION: Ocampo admitted at the Kampala Conference that his team was faced with problems investigating the chaos. Do you think the team will overcome the obstacles?
ANSWER: Ocampo and his team will overcome the hurdles in their way because they have full support of Kenyans and the ODM wing of the Grand Coalition Government. Wananchi would put pressure on the Government to comply with requirements by ICC. I have confidence the obstacles would be overcome.
QUESTION: Two wings of the Grand Coalition's official delegation to the ICC conference in Kampala clawed at each other after differing over what took them to the conference. Comment.
ANSWER: That was an unfortunate incident, which should not have happened. This shows how the Government does not work in conformity on matters of international importance. It is a clear indication of what ICC should expect while handling the Kenyan case.
QUESTION: Do you think Kenya is right to support the ICC yet it is equally party to the African Union (AU) agreement, which asks members to shun the ICC because of the indictment of Sudanese President Omar al-Bashir?
ANSWER: Kenya should give unwavering support to ICC because it is a signatory to it. The country's signature was a commitment and I don't see why the AU issue should change the stand.
QUESTION: Independent observers have noted Kenya's support for AU puts the country in a tricky situation because the AU could take the same stand when time to arrest Kenya's suspects come. Comment.
ANSWER: Kenya should not fear whatever action follows after the decision it has taken on ICC. What is important to Kenyans is to see the culture of impunity ended.
Source: The Standard | Online Edition
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