International justice for Kenya?

International justice for Kenya?

Kenyan politics was to blame for the bloodbath in the wake of Presidential elections – and the politics of this country are also to blame for the absence of justice nearly two years later.

Luis Moreno-Ocampo, Chief Prosecutor of the International Criminal Court plans to change that. But any hope he may have had in getting the active co-operation of the Grand Coalition formed as part of the peace deal that pulled Kenya back from the brink of civil war appear to have been dashed.

His hope had been for the Kenyan President Mwai Kibaki and Prime Minister Raila Odinga to formally request the ICC’s intervention, triggering an immediate opening of his inquiry. In a meeting that lasted less than an hour, that was not the case.

Instead Mr Moreno-Ocampo will return to The Hague and prepare to address pre-trial judges in December, requesting permission to formally open the investigation.

Standing aside Mr Kibaki and Mr Odinga, the prosecutor announced that he considered that crimes against humanity had been committed and it was his duty to proceed.

Mr Kibaki read a short statement which included a promise to:

“discharge its primary responsibility in accordance with the Rome Statute to establish a local judicial mechanism to deal with the perpetrators of the post-election violence.”

He also said the Government would co-operate with the ICC.

But what does that mean?

The Government has so far failed to form an independent tribunal with Kenyan and foreign judges, recommended by a commission which made its own investigations a year ago. It produced an unpublished list of suspects believed to have orchestrated and bankrolled the violence. It is widely believed to include powerful figures including serving Government ministers.

Despite assurances from Kenya’s leadership that it would set up a tribunal, deadlines have passed -- which was the very reason for Mr Moreno-Ocampo’s visit.

The general consensus of political observers is that Kenya’s leadership does not want to burn bridges with suspects who are political associates - for fear of a backlash. And it applies to both parties in the coalition.

Gitobu Imanyara, a lawyer and back bench member of Kenya’s Parliament, has been trying to get a private member’s bill heard that would, if accepted, set up a special tribunal.

He said:

“When the President and Prime Minister say they will co-operate with the ICC, do not believe it.

 

"They talk of the truth and justice commission dealing with suspects, but this will not happen.”

However, many human rights campaigners believe, regardless of the level of co-operation from Kenya’s Government, Mr Moreno-Ocampo already has enough initial evidence to pursue indictments. It’s understood several key witnesses are already under protection – some of them overseas.

The path of post-election justice may be rocky but the ICC’s involvement now brings hope to millions of Kenyan citizens. There is undoubtedly a big majority who implicitly distrust their police and judiciary.

In Kisumu, Western Kenya, one of the flash-points of violence in January 2008, the feelings were as profound as elsewhere. A resounding view that the ICC intervention was essential.

I spoke to some of those bereaved by the violence. In many parts of the country, ethnic conflict had led to atrocities. Here, the police had been ordered to use live rounds to clamp down on demonstrations, orchestrated by what was then the opposition party, the ODM, which was disputing the flawed election process.

Garage mechanic George Olago, aged 23, was shot dead along with another demonstrator by a policeman. The killing was filmed by a local television freelance cameraman.

Mr Olago’s brother, John, a school teacher, told me that although a murder trial was now underway there were so many unanswered questions about who orchestrated the violence in all parts of the country. And who – at the highest level – had sanctioned lethal force to deal with protests.

“We have elections again in 2012. Unless there is real justice and powerful people are brought to book, then we will have to go through this all again – only it will be far worse. How many more ordinary Kenyans have to die?”

Halima Ali sees herself as an ordinary Kenyan, a voluntary worker advising on HIV-AIDS prevention and a dedicated mother.

She was trying to stop her children from going out to play one day in January 2008, when police were opening fire on looters near her home.

But her son, 11 year old Salim Ahmed, slipped out of the house and a short time later, was shot dead by police. It’s thought he was mistaken for a looter.

“Salim was such a good boy, he would always ask if he could help me. Even if he had done something wrong, and I am sure he didn’t, did he deserve to die?”

Halima has not heard anything from the police since the day her son died. No investigation, not even an apology.

She talked of Ocampo as the only hope for the country one day witnessing some justice – and trying to build peace for the future.

But Halima is never going to know who killed her son. The best she can hope for is that Luis Moreno Ocampo is successful in bringing the organisers of Kenya’s post election violence to answer – and pay – for their crimes.