Kenya: Civil society proposes hybrid tribunal for Kenya

Kenya: Civil society proposes hybrid tribunal for Kenya

Afrique en linge, Monday 16 Feb 09.
A proposal was made here Friday by civil society organisations for Kenya to consider a hybrid tribunal to prosecute post-election violence perpetrators after it became clear that the differences in the governing grand coalition were irreclaimable.

The International Centre for Justice and Conflict (ICJC), a grouping of civil society organisations that had petitioned parliament to postpone the crucial vote, has proposed a negotiated deal between the United Nations and Kenya to ensure impunity and political mischief were dealt with before the next general election in 2012.

“A substantive treaty-based hybrid tribunal for Kenya should be pursued, however, with adequate inbuilt guarantees. It cannot be controlled by the Kenyan government, or it would lose legitimacy, as is happening in the Cambodia Extraordinary Chambers,” ICJC chief executive Wainaina Ndungu’s said.

He added, “The biggest threat to security in Kenya is the prevailing culture of impunity. The periodic cycles of extreme violence that Kenya has undergone canno t be broken unless sufficient political will is demonstrated that perpetrators of gross violations of human rights will be held accountable and made to pay for their heinous acts.”

Similar sentiments were voiced by the chair of the Kenya National Commission of Human Rights, Ms Florence Jaoko, who expressed outrage at the failure by parliament to pass laws that would firmly deal with crimes against humanity.

“The failure of by parliament to pass the requisite laws means is nothing short of absconding responsibility. For the International Criminal Court to take over the post-election violence prosecution is equivalent to selling our birthright. I t was a fraudulent way to vote on something,” Jaoko, a former magistrate, said.

Ndung’u said impunity remained the single greatest challenge to Kenya’s security, which parliament had failed to address.

“The biggest threat to security in Kenya is the prevailing culture of impunity. The periodic cycles of extreme violence that Kenya has undergone cannot be broke n unless sufficient political will is demonstrated that perpetrators of gross vio l ations of human rights will be held accountable and made to pay for their heinous acts.”

When the Bill was put to vote during Thursday's session that was also attended by President Mwai Kibaki and Prime minister Raila Odinga, the draft law was backed by 101 members of parliament, far short of the 145 that was required for it to sail through and become law.

Ninety-one lawmakers voted against the Bill, exceeding by 20 the number the standing orders require for the Bill not to be retuned to the House.

In his ruling, House Speaker, Mr. Kenneth Marende, said the earliest the Bill could be retuned to the House is after six months, long after the expiry of the deadline set by a commission of inquiry that was last year constituted to investigate post-lection violence and crimes against humanity in the East African nation.

Reacting to the defeat of the motion, the prime minister termed it as a major setback to the war against corruption and impunity.

“This is a major setback for the government. We are going to take stock of what happened and find a way of moving on. Life must go on,” Raila said moments after the House business came to close at 6pm local time.

For MPs opposed to the law, which they had previously described as flawed and full of loopholes potential culprits could exploit to escape justice, its defeat signalled an end to tyranny of the executive.

Gitobu Imanyara, a lawyer and MP who has vehemently opposed the Bill, termed the defeat as major victory for reformists.

“The defeat means that parliament will not pander to the whims of the executive. It is a poignant lesson to tyrannical rulers that they must face the music at The Hague,” Imanyara said.

Kenyan leaders, including the president, face the risk of being arraigned in the International Criminal Court in The Hague, The Netherlands, after efforts to form a local tribunal were thwarted by parliament.

Nairobi - 13/02/2009