March 9 2011 Nairobi: Kenyans for Peace with Truth and Justice (KPTJ) welcomes theruling by the International Criminal Court (ICC) Pre-Trial Chamber II to issue summonsesto appear against the six persons who the Prosecutor believes bear the greatestresponsibility for the post-election violence (PEV) in Kenya between December 2007 -January 2008.KPTJ notes that there have been various attempts to circumvent the ICC process in therecent weeks through shuttle diplomacy around the world to garner support for thedeferral of the ICC case under article 16 of the Rome statute. We further note that it isabundantly clear that the request for deferral does not have the support of the wholegovernment and is in fact an initiative led by one side of the coalition government. KPTJbelieves that the ICC case does not pose a threat to Kenya’s peace and security and callsfor the rejection of the government’s attempts to request for a deferral on that basis.On the contrary, failure to deal decisively with post-election violence will surelycontribute to a repeat of the same. The ICC process should be allowed to take its duecourse and the suspects should present themselves willingly to the court on April 7 th2011, as required by the pre-Trial chamber.In light of the recent application and ruling of the Pre-trial Chamber II on theProsecutor’s public naming of the six suspects before summons to appear were issued,KPTJ reaffirms the Prosecutor’s position that naming the individual suspects was in thebest interests of the Kenyan population and especially for the protection of witnesseswho, prior to the naming of suspects, were at a greater risk of high level of interferenceby anyone who believed they may be implicated in the Prosecutor’s case. Indeed KPTJ isaware of several attempts that have been made to identify and bribe potentialwitnesses.KPTJ reminds Kenyans that issuance of summons to appear is by no means an indicationas to the guilt of the six individuals and that they remain innocent until proven guilty.Under Article 67 of the Rome Statute, they will enjoy all the rights of the accused,including the right to have adequate time and facilities to prepare their defence and tohave the assistance of a counsel without payment if they should lack sufficient means topay for it. Kenyans object to any attempt to use public resources in defence of any ofthe suspects.KPTJ urges the suspects to stand by their statements of 15 December 2010 in which theystated that they would voluntarily fully cooperate with the ICC and go to The Hague ifrequested to do so.
KPTJ reminds the Kenyan government that it ratified the Rome Statute of its own freewill. It must therefore now support the ICC and cooperate fully with it.KPTJ urges the President and the Prime Minister:1. To remove the 4 suspects who hold public office from their positions as their continued stay in public office and the ability to influence public decisions subverts the due course of justice and represents a serious conflict of interest.2. To encourage the suspects to present themselves to The Hague as they have promised to do.3. To stop wasting public resources in pursuing the partisan case for an Article 16 deferral before the United Nations Security Council. This has no hope of success. A public account must be given of resources spent so that accountability can be secured.4. To cooperate with the ICC, now and in the future in any way required for the pursuit of justice and accountability for the post election violence so that such violence never occurs again in Kenya.In conclusion, KPTJ reiterates that, despite all protestations by politicians to thecontrary, the ICC process is judicial and not political. It targets individuals and not ethnicgroups. KPTJ therefore urges all Kenyans to be confident in the ICC process, be calm andlet justice take its course.Kenyans for Peace with Truth and Justice (KPTJ)March 9, 2011.