A section of Rift Valley leaders recently demanded that the ODM Pentagon be investigated by the ICC team over Post-Election violence. Writer VITALIS KIMUTAI spoke to Keiyo South MP JACKSON KIPTANUI and Nambale MP CHRIS OKEMO on whether the Pentagon members should be investigated.
YES : Keiyo South MP Jackson Kiptanui
QUESTION: Should the ODM Pentagon be held responsible for post-election violence over its calls for mass action?
ANSWER: Yes. They should answer for calling on the people to carry out mass action. The result? People rioted, leading to killings by police and retaliation by public, then violence.
QUESTION: Do you support calls to have minutes of the Pentagon tabled before ICC investigators as demanded by a section of PNU and Rift Valley MPs?
ANSWER: The minutes should be availed in its original form without much fuss, as Pentagon met before issuing directives to its followers. Once members emerged from a meeting and called for ceasefire, meaning a commander gave orders to proceed with chaos or hold out a truce.
QUESTION: Can the latest row between PNU and ODM overshadow taking of statements from PCs and PPOs who served in hots pots during the chaos?
ANSWER: No, for two weeks the Government dilly-dallied on handing over minutes of security meetings to the ICC. There were even attempts by Attorney General Amos Wako and Justice Minister Mutula Kilonzo to have the minutes vetted before being released. But ICC was not deterred.
QUESTION: Can the counter-accusations by the two coalition partners transfer guilt and criminal culpability for the violence?
ANSWER: What Luis Moreno-Ocampo needs to do, being a man above board, is to demand for the Pentagon minutes besides those from the Government security organs and State House, as there were parallel units of Government under President Kibaki and Prime Minister Raila Odinga at the time, which later merged to create the Grand Coalition Government.
QUESTION: ODM has argued that mass action and protests over stolen vote do not qualify to be international crime under the Rome Statute. What is your view?
ANSWER: It does not qualify for ICC take over. Even in the Waki Report, the 200 people who were mentioned were not given a chance to defend themselves, neither was the report conclusive. But the report crafted on hearsay is being used by ICC. We do not expect a court of such stature to stoop so low as to be part of political witch hunt.
QUESTION: Should the ICC depend on Civil Society and Government alone to get evidence or involve politicians?
ANSWER: Politicians should be involved. It should also be noted that when Pentagon issued orders for mass action, many did not understand that it did not mean wrecking havoc. Police overreacted and aggravated the situation by shooting to kill.
QUESTION: What are the chances of the ICC team succeeding in the seemingly poisoned political environment?
ANSWER: The court will succeed in its endeavours. ICC should thoroughly investigate and even borrow video clips from media houses on the violence for analysis especially in the first six days of the chaos.
NO : Nambale MP Chris Okemo
QUESTION: Should the ODM Pentagon be held responsible for post-election violence over its calls for mass action?
ANSWER: No. They should not be held responsible for the violence, as no evidence points to members of the party's top organ as having been active in the chaos resulting from disputed presidential poll tally.
QUESTION: Do you support calls to have minutes of the Pentagon tabled before ICC investigators as demanded by a section of PNU and Rift Valley MPs?
ANSWER: Absolutely. Handing over the minutes is the only transparent way, that would vindicate the party's position that it did not plan the chaos that left many maimed, dead or displaced and set the records straight.
QUESTION: Can the latest row between PNU and ODM overshadow taking of statements from PCs and PPOs who served in hots pots during the chaos?
ANSWER: I don't think it would affect the process, as the ICC knows what it is doing, and it has nothing to do with the squabbles between the two partners. The court is looking for individuals bearing the highest responsibility in the chaos, and would not be derailed by sideshows.
QUESTION: Can the counter-accusations by the two coalition partners transfer guilt and criminal culpability for the violence?
ANSWER: If ICC knows what it is doing and is in charge of the process, then that would not happen. After all, the court has identified witnesses and zeroed in on suspects. It should be seen to be making progress in gathering evidence in the hotspots.
QUESTION: ODM has argued that mass action and protests over stolen vote do not qualify to be international crime under the Rome Statute. What is your view?
ANSWER: I am not a lawyer, but in my view, it is not ODM's responsibility to make that statement. That rests with the ICC at The Hague. Whether PNU or ODM feels it does not qualify is overtaken by events, as the Government has given the go-ahead to the court to take over the Kenyan case. It should also be noted that Parliament gave ICC the go ahead on the issue.
QUESTION: Should the ICC depend on Civil Society and Government alone to get evidence or involve politicians?
ANSWER: It is important that everyone is involved in the process in the search for evidence, as the Non Governmental Organisations, the Government and politicians have useful information and evidence that would help the court in sorting out the issues. No one should be left out in this case, as long as he/she has information that interests and would be useful to investigators at the court.
QUESTION: What are the chances of the ICC team succeeding in the seemingly poisoned political environment?
ANSWER: Politics is starting to heat up, and it is only fair that the court's investigators interrogate all the witnesses to get to the bottom of the matter and enable the country move on.
Source: The Standard | Online Edition
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