Kenyan premier dismisses move to block ICC trials

Dec 23, 2010, 18:43 GMT

Nairobi - Kenya's prime minister on Thursday dismissed as futile a motion by lawmakers to withdraw from the statute establishing the International Criminal Court (ICC) - a move intended to head off the trial of senior political figures.

ICC Chief Prosecutor Luis Moreno-Ocampo last Wednesday named six Kenyans he considers most responsible for the violence that claimed more than 1,100 lives in the wake of December 2007 disputed elections.

Uhuru Kenyatta, deputy prime minister and son of Kenya's first president, and William Ruto - who has been suspended from his post as higher education minister pending a corruption probe - were the two highest profile accused.

'The government isn't pulling out ... because this will be an exercise in futility,' Odinga said, citing rules that would leave the ongoing cases unaffected by Kenya's withdrawal.

Moreno-Ocampo told Voice of America's Straight Talk Africa on Wednesday evening that even if Kenya should pull out of the Rome Statute, it would not halt the ICC probe into the six suspects.

'I don't think there is any way to change the case,' he said. 'According to the law, if Kenya withdrew from the system, it would be one year, so it would be late for this case.'

Lawmaker Isaac Ruto, an ally of his namesake William Ruto, brought the motion for the second time on Wednesday evening, saying he wants to see the suspects tried locally.

Former United Nations chief Kofi Annan, who brokered the deal ending the post-election violence, handed the investigation into it over to the ICC after Kenya failed to set up local tribunals. However, Kenyan lawmakers argue that a new constitution passed this year means Kenya will have the capability to try suspects locally.

Lawmakers overwhelmingly backed the motion, with some accusing the ICC of being a colonial court.

'It is only Africans from former colonies who are being tried at the ICC ... We should not willingly allow ourselves to return to colonialism,' Energy Minister Kiraitu Murungi said.

ICC judges must now decide if there is enough evidence to go to trial, and could issue summonses for the accused - also including another cabinet minister, the head of the civil service and the former police chief - early next year.

Should arrest warrants be issued, any decision by Kenya to pull out of the Rome Statute could have an impact, as the East African nation would then not be obliged to arrest and hand over the suspects.