Tuesday 28 May 2013

[wanabidii] Re: [africa-oped] Kenya ICC Cases Came From Waki Commission

Waki committed treason and should be hanged for having politicised a purely criminal justice issue. Parliament had no business being drawn into the matter.


From: Evans MACHERA <evansmachera@yahoo.com>
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Sent: Tuesday, May 28, 2013 12:59 PM
Subject: [africa-oped] Kenya ICC Cases Came From Waki Commission

 
By signing or ratifying an international instrument ,a party becomes a member and bound by the rules,regulations and laws at play.

Kenya among other African countries are member states having signed/ratified the Rome Statute hence subject to the Criminal trials at ICC/Hague when the situation calls or demands.

So far, the ICC has opened investigations into eight situations in Africa: the DRC (Congo); Uganda; the Central African Republic; Sudan; the Kenya; the Libyan Arab Jamahiriya; the Republic of Côte d'Ivoire and Mali. Of these eight, four were referred to the Court by the concerned states parties themselves (Uganda, Democratic Republic of the Congo, Central African Republic and Mali), two were referred by the Security Council (Darfur and Libya) and two were begun by the Prosecutor (Kenya and Côte d'Ivoire. 

Additionally, by Power of Attorney from the Union of the Comoros, a law firm referred the situation on the Comorian-flagged MV Mavi Marmara vessel to the Court, prompting the Prosecutor to initiate a preliminary examination.

On the Kenyan cases,we had all the time to engage a local process,but since we didn't know who was contained in the Waki Envelop (expectations were its You and not me attitude,and if at all i am,then more than 100 year must elapse by which time i wont exist).

When the cat finally came out of the bag,refusal by the Government that established the Waki commission found itself in a cross road.A shuttle diplomacy was engaged with colossal sums of money spent to no avail - ICC provides that to refer cases,there should be a local tribunal in place (that so far we do not have).

Our African heads of states must address poverty,distribution of resources equitably and offer political will in Governance.When the likes of Museveni points fingers to ICC,what do we make of him on his country's ICC referral case! How about shutting the MONITOR a fortnight ago! And what did they discuss about the sexually abused,maimed and displaced!

The threat to withdraw membership wont interfere with the jurisdiction as incidences that called for ICC intervention were within the period of our membership. The Security council or a private entity can still refer a matter to ICC like the Union of Comoros!

The accused are not guilty,they can face a process to declare them innocent.

Evans MACHERA

Who Took Kenyans to ICC!
The ICC Cases Rose from Waki Commission - Established by the government Kenya.

From: Joe Kihara Munugu <jmunugu@yahoo.com>
To: "africa-oped@yahoogroups.com" <africa-oped@yahoogroups.com>; "kupp_usa@googlegroups.com" <kupp_usa@googlegroups.com>; "progressive-kenyans@googlegroups.com" <progressive-kenyans@googlegroups.com>
Sent: Tuesday, May 28, 2013 12:02 PM
Subject: [PK] Kenya ICC Cases Came From Waki Commission

Who Took Kenyans to ICC?
The ICC Cases Rose from Waki Commission
Kenya's 2007 presidential elections were held in December 2007 with the main contenders being incumbent President Mwai Kibaki and his former ally Raila Odinga. The elections were conducted peacefully throughout the country.  Kibaki was declared the winner and sworn in as president on 30 December, 2007.  Following the swearing-in of Kibaki, Raila led protests led organized protests across the country. The protests included extremes ethnic violence targeted against Gikuyu people across the country, especially those living outside Central Province.  The violence and ethnic-cleansing against the Gikuyu was especially intense and genocidal in the Rift Valley Province – where most of the 1,500 killed and over 600,000 victims violently pushed out of their destroyed and burned homes were Gikuyu.  In retaliatory attacks, Luos and Kalenjin were targeted in the areas surrounding Nakuru and Naivasha in the Rift Valley.
Following that 2008 post-election violence, former UN Secretary General Kofi Annan brokered a power-sharing agreement between Kibaki and Odinga. The agreement included appointment of Waki Commission to investigate the violence. Chairman of the Commission was Justice Philip Waki, a Judge of Kenya's Court of Appeal. The other two commission members were Gavin Alistair McFadyen, a former police Assistant Commissioner in New Zealand and Pascal K. Kambale, a lawyer from the Democratic Republic of the Congo who was working on the Open Society Institute's Africa Governance, Monitoring and Advocacy Project. The Secretary to the Commission was George Mong'are Kegoro, an advocate of the High Court of Kenya and Kenyan Section Director of the International Commission of Jurists. The Assisting Counsel was David Shikomera Majanja, an advocate of the High Court of Kenya.
The Waki Commission recommended creating a Special Tribunal to prosecute crimes committed as a result of the post-elections violence. The 529-page "Waki report" was handed over to President Mwai Kibaki and Prime Minister Raila Odinga on 15 October 2008. The report however did not publicly disclose the alleged perpetrators in the report handed to the President. The Waki Commission instead handed the list of alleged perpetrators to Kofi Annan.
In July 2009 Koffi Annan handed the envelope to Luis Moreno-Ocampo, the Prosecutor at the ICC. The Kenyan Government was then given one year, beginning July 2009, to set up a Tribunal to deal with the issue. The ICC picked up the matter beginning August 2010.
On Monday, May 27, 2013, African leaders meeting in Addis Ababa, Ethiopia, resolved to lobby the United Nations Security Council to have the cases facing President Uhuru Kenyatta and Deputy President William Ruto at the ICC referred back to Kenya. In the final declaration on ICC, the AU said trying the two leaders in a foreign capital risks destabilizing  Kenya and reverse the reconciliation gains that have been made since the end of post-election violence in 2008.
"African leaders have come to a consensus that the (ICC) process that has been conducted in Africa has a flaw," the Ethiopian PM told reporters in Addis Ababa, the headquarters of the African Union. "The intention was to avoid any kind of impunity... but now the process has degenerated to some kind of race hunting," he said.


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