20110326
Daily Nation

Nairobi — Prime Minister Raila Odinga has maintained that suspected masterminds of Kenya's post election violence should be tried at The Hague.

He said that there was no competent and credible institutions that could be used as a front for a local mechanism to deal with the cases facing the Ocampo Six.

"The trial should take place in The Hague, that's what I think. The trial should proceed there, until Kenya has put in place a competent local mechanism, which I don't think will be achievable," he said in an interview with Radio Netherlands Worldwide on Friday evening.

He insisted that ODM was all along in favour of the International Criminal Court (ICC) process after the failure to establish a tribunal locally.

The PM said those pushing for local trials were bent on manipulating the process and ensure that the suspects evade justice.

"Parliament rejected a local tribunal twice!" he told the radio station.

"That's why the matter went to the Hague. What they are talking about right now is not a truly independent local tribunal, but a kangaroo court which they can manipulate to get these people acquitted. That is not acceptable."

"We haven't changed our mind," Mr Odinga was quoted. "These are just people that try to misinterpret our position."

ICC prosecutor Luis Moreno Ocampo has named Finance minister Uhuru Kenyatta, head of Civil Service Francis Muthaura, Postmaster General Hussein Ali, MPs William Ruto (Eldoret North), Henry Kosgey (Tinderet) and radio presenter Joshua arap Sang as the six Kenyans who bear the greatest responsibility for the chaos that left 1,133 dead and 650,000 displaced from their homes.

The Ocampo Six are scheduled to make an initial appearance at The Hague on April 7 and 8.

In the interview, Mr Odinga dismissed as "nonsense" and "rubbish" the notion that he was behind the Ocampo list saying the list was originated by the Waki Commission, which investigated the post election violence.

He said that two of the suspects, Mr Kenyatta and Mr Ruto, who are perceived as frontrunners in the 2012 presidential contest were "bitter" since they believe the PM wants them tried at The Hague and out of the way. This way, the ODM party leader's detractors argue would give Mr Odinga a clear run to State House.

"I meet these men sometimes, and they are bitter. They accuse me of being the one that was forwarding their name to ICC prosecutor Ocampo. But that is nonsense, rubbish.

"The list was put together by the Commission of Inquiry (on post-election violence), and handed over to Kofi Annan. I had nothing to do with that list."

ODM is divided on whether to offer legal aid for its members-Mr Ruto, Mr Kosgey and Mr Sang- who face crimes against humanity at the ICC.

A group of MPs led by the party parliamentary secretary Ababu Namwamba and deputy secretary-general Joseph Nkaissery said they would hire legal experts to defend the three suspects.

They also announced that ODM would sponsor a Bill seeking the establishment of a local tribunal to try the cases.

"Whether it is at a court in Kibera or at The Hague, every suspect has a right to a fair trial and justice," Mr Namwamba said.

Party secretary-general Anyang' Nyong'o, however, denied that the party was giving legal aid to anyone.

"The ODM party organs have not discussed nor agreed to any legal aid to any of the Ocamp Six. Any statement attributed to the party in that regard is the personal view of the exponent and not the party," Prof Nyong'o said.