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Daily Nation

The UN Security Council’s failure to discuss Kenya’s request for deferral of ICC cases now paves the way for chief prosecutor Luis Moreno-Ocampo to proceed with The Hague process.

But in Nairobi, it set into motion a second wave of shuttle diplomacy beginning this week, pointing to President Kibaki’s unrelenting bid to have the ICC cases against six individuals accused of sponsoring the post-election violence deferred.

The UN Security Council met on Saturday during which it passed sanctions against crisis-hit Libya. Kenya’s request did not come up for debate during the session.

The request was also not listed on the programme of work of the Security Council for February 2011 although the programme indicated the Council held consultations and private meetings on peace and security in Africa on February 22 and 25 where Kenya’s request may have been discussed.

After securing the backing of the African Union during a recent summit in Addis Ababa, the next front of the charm offensive targets the UN Security Council and secretary-general Ban Ki-Moon.

“Consultations are taking place this week to draw the next plan of action on the second leg of Kenya’s efforts to get the UN Security Council to defer the ICC cases,” Vice-President Kalonzo Musyoka’s press secretary, Mr Kaplich Barsito, told the Nation on Sunday.

And now it seems the country has not seen the last of the shuttle missions undertaken by Mr Musyoka. The first leg, aimed at getting the support of the AU, cost the taxpayer over Sh30 million.

It is understood that the government is seeking to secure Mr Musyoka an appointment with Mr Ban.

Kenya’s permanent mission to the UN has presented a request for deferral titled “Kenya’s Reform Agenda and Engagement with the International Criminal Court (ICC)”.

The bid has also been hit by the declaration by the US that it would not back it when it comes before the Security Council. The US, as a permanent member of the Council, wields a veto power.

But even as the VP prepares for the reinvigorated second leg of shuttle diplomacy, the efforts have been opposed by coalition partner ODM.

Deputy PM Musalia Mudavadi told a rally in Kakamega at the weekend that his party did not support the deferral bid.