Int’l Criminal Court to Open Office in Kenya

East Africa  |  09.03.10   By Kevin Johnson-Azuara

Kenya has allowed the International Criminal Court (ICC) to open an office in the country, a development that comes after Kenya’s commitment to the court came into question when the nation hosted Sudan’s indicted leader last week.

ICC Prosecutor Luis Moreno Ocampo is to investigate top Kenyan leaders and business people for their roles in political violence that killed more than 1,000 people between December 2007 February 2008.

Ocampo believes crimes against humanity were committed during the violence.

The court allowed him to open an investigation in April and he said he expects the investigation to be concluded by the end of this year.

Moreno Ocampo also expects to charge up to roughly six people who allegedly spearheaded the violence.

‘Surprising’

Kenya has granted the ICC immunity from legal challenges, tax exemptions, and other privileges in a letter signed Friday by Foreign Affairs Minister Moses Wetangula.

The surprise move comes only a week after Kenya hosted Sudanese President Omar al-Bashir during a ceremony for Kenya’s new constitution.

He faces charges of genocide and crimes against humanity at the ICC.

Kenya signed the Rome statute that established the ICC, but did not arrest al-Bashir, arguing that such a move would destabilize Sudan.

His visit and non-arrest raised doubts about Kenya’s willingness to hand over suspects expected to soon be charged by the ICC.

The ICC does not have its own police to enforce arrest warrants and it relies on member states such as Kenya to execute them.

Kenyan Cabinet leaders, including Wetangula, met with ICC Registrar Silvana Arbia on Friday.

“We have agreed to comply with every aspect of the (ICC) request for the privileges and immunity which their officers require to be able to undertake their work,” said Minister of State for Internal Security George Saitoti, who chairs the Cabinet subcommittee on the ICC.

“I trust that the government of Kenya will fully respect its obligations under the Rome Statute,” which established the ICC, Arbia said after receiving the letter.

The ICC registrar has been in Kenya since Wednesday to seek government assurances it will cooperate with the court and educate the public on how it operates 

Kevin Johnson-Azuara is the Editor-in-Chief of PoliticsAfrica.com. Follow him on Twitter @kevinjazuara.

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