On a visit to Nairobi this week, former UN Secretary General Kofi Annan welcomed the Kenyan government’s assurance that it will cooperate fully with the International Criminal Court (ICC) on establishing the best way to secure justice for victims of the 2007 post-election violence.

By Michael Kaloki, Nairobi

Annan served as chief mediator during peace negotiations aimed at finding a solution to the crisis that had rocked the East African country. He said the prosecution of the perpetrators - even powerful politicians - would not threaten the reconciliation process.

 “We should encourage the law to take its course. We should think about the victims of the violence; they are craving justice. A nation does not collapse because of one man or several men,” he said in a speech at the end of his six-day visit.

Investigations
Luis Moreno Ocampo, Chief Prosecutor of the ICC, announced last month that he has asked ICC judges to authorize a formal investigation into the violence.

There is a “reasonable basis to believe that crimes against humanity within the jurisdiction of the court” were committed, Ocampo said, “in particular, crimes of murder, rape and other forms of sexual violence, deportation or forcible transfer of population and other inhuman acts.”

In July, Ocampo received a sealed envelope from Kofi Annan containing the names of suspected perpetrators of the violence.

Annan brokered a power sharing deal in February 2008 between Mwai Kibaki and Raila Odinga. Kibaki would remain as president while Odinga would take the mantle of prime minister.

As part of the deal, the Commission of Inquiry on Post-Election Violence was set up. Commission members traversed the country gathering witness testimony and in October 2008 issued a 500-page report indicating that some of the attacks were based on “ethnicity and political leanings”.

The Commission then handed over a sealed list of alleged perpetrators to Annan. It was agreed that a local tribunal would be set up to prosecute those behind the violence which left more than 1,300 people dead and forced 300,000 to leave their homes.

After the Kenyan government missed several deadlines to set up the tribunal, Annan gave the list to Ocampo.

During a visit to Kenya last month, Ocampo met with Kibaki and Odinga to discuss how those responsible for the 2007 violence could be brought to justice.

Once back in The Hague, he requested official permission to investigate the situation.

Mixed signals
The Kenyan government has been giving mixed signals about the prospect of sending suspects for trial at the ICC. Prominent politicians are suspected of having masterminded some of the violence, raising questions in the country about their willingness to see justice done.

There has also been a mixed reaction from members of the general public about how suspects of the post-election violence should be handled, particularly in light of concerns that tensions that led to the post-election violence are still lingering.

Edward Shihima lives in Kibera, Nairobi’s largest slum district.

“Ocampo should continue with his work. Here in Kibera, during the post-election violence, many people were killed. That is why we are now supporting Ocampo. The post-election violence brought tribalism to Kibera. If the suspects are taken to The Hague, the tribalism will stop.”

ICC judges will rule on Ocampo’s submission early next year. If they approve his request, Ocampo has said investigations could start immediately.

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