UN council rejects Kenya's deferral bid

[nowayhaha]

Let the action begin now
www.nation.co.ke/News/politics/UN+council+rejects+Kenya+deferral+bid/-/1064/1128944/-/alisyrz/-/index.html

Kenya’s bid for the suspension of International Criminal Court action against the Ocampo Six has flopped following a rejection of the plea by key UN Security Council members.



An informal meeting between Kenyan envoys and members of the council on Friday yielded no breakthrough for Kenyan officials. UN Security Council members including permanent members US, Britain and France said they would reject the request.

A veto by any of the three countries would be enough to doom the mission, championed by President Kibaki’s allies, for a deferral of ICC action.

The Reuters news agency quoted French ambassador to the UN Gerard Araud saying Kenya stood no chance for success when asked if the Security Council might accept the request.

"No, I don’t think so. The conditions of the implementation of Article 16 are not fulfilled."

Article 16 of the Rome Statute, which set up the ICC, allows the Security Council to suspend the court’s proceedings if prosecutions at The Hague would constitute a threat to international peace and security.

"Every council member has told them individually that their request will be rejected," a council diplomat told Reuters on condition of anonymity.

"One point of today's (Friday) meeting was for the council to collectively make that clear to the Kenyans."

The rejection by the Security Council will come as a setback to government, which has been on a shuttle diplomacy led by Vice President Kalonzo Musyoka, to lobby the UNSC to postpone The Hague trials.

In December, ICC prosecutor Luis Moreno- Ocampo named Finance minister Uhuru Kenyatta, head of Civil Service Francis Muthaura, Postmaster General Hussein Ali, MPs William Ruto, Henry Kosgey and radio presenter Joshua arap Sang as the men bearing the greatest responsibility for the post election violence that killed 1,133 and 650,000 uprooted from their homes.

The Ocampo Six have been summoned to make an initial appearance on April 7 and 8. They have indicated readiness to obey the summonses.

The six are separately charged with murder, rape, deportation, torture and other inhumane acts.

[gemagema]

Ok, doesn't sound like good music to Kibaki. I guess as he told China jana, he will still be pursuing the deferral case. hahaha

Kalonzo, umesikia? Sema sasa

[commes]

Until they are told, they never get it. The deferral door has been slammed shut. Kaput, it is closed.

Sources say that even African countries sitting on the council 'lacked enthusiasm" to endorse Kenya's request, despite the African Union resolution in January backing a deferral. The probably realized that they we fooled when Kenya played them a “Tom and Jerry” video clip by a PR firm. hee..hee

The UNSC message is simple:

==============================================
Please return the below Presidential Press Statement to Sender.

Kibaki:ICC deferral bid for Kenya's good
By PPS

President Mwai Kibaki has affirmed that the government's engagement with the international community over deferral of cases involving six Kenyans is aimed at entrenching peace and security in the country……..
================================================

[adongo23456]

Mar 19, 2011 14:37:57 GMT 3 commes said:

Until they are told, they never get it. The deferral door has been slammed shut. Kaput, it is closed.

Sources say that even African countries sitting on the council 'lacked enthusiasm" to endorse Kenya's request, despite the African Union resolution in January backing a deferral. The probably realized that they we fooled when Kenya played them a “Tom and Jerry” video clip by a PR firm. hee..hee

The UNSC message is simple:

==============================================
Please return the below Presidential Press Statement to Sender.

Kibaki:ICC deferral bid for Kenya's good
By PPS

President Mwai Kibaki has affirmed that the government's engagement with the international community over deferral of cases involving six Kenyans is aimed at entrenching peace and security in the country……..
================================================

Yes indeed. Now they are going to start shitting real bricks. It is going to be crazy. All hopes on deferral is now lost.



NEXT.

[jakaswanga]

<sup>Gemagema wrote

Kalonzo, umesikia? Sema sasa</sup>

Do not underestimate the complexity of Kalonzo's calculations. This leaves him as a front runner, in a position to argue to the other constituency, that he is the best hope of stopping Raila.

I do not outrule him having spoken with a forked tongue to the UN men in private. Calculating that the removal of UK and Ruto from the scene, if he manages to pin it on the usual suspects, leaves him the key beneficiary of that famous alliance which dare not speak her name anymore.
He will condemn the rejection, but gloat on the inside.

[destiny]

The deferral was bound to fail because the whole scam was meant to cover Kibaki's back after retirement in 2012. What's more, the deferral scam was insincere, being fronted, authored and pushed by thieves, crooks, liars and cheats.

Make no mistake, what's starts badly is bound to end badly, even catastrophic, so they say. Kibaki was sworn in 2002 riding a wheelchair with a broken neck and leg after dishonoring the MOU for selfish gains.

In 2008, he was sworn in again as Kenya burnt and rivers of innocent blood flowed from every direction. He was hurriedly sworn in under cover of darkness without a single foreign guest and the swearing in was presided by CJ Gicheru, a fellow Nyerian. The whole controversial ceremony was orchestrated by NSIS boss Maj Gen Gichangi- also from Othaya who organized Kivuitu's kidnapping from KICC.

I won't be surprised if Kibaki end's his poisoned presidency inside the dock at The Hague. His reign has been defined by soaring corruption, impunity, tribalism, extra judicial killings and post election bloodshed. And for that, he must prepare for the incoming costly invoice.

As Phil said, Muthaura who holds all the dark and rotten secrets of Kibaki's presidency needs to be afraid, very afraid. The Mafia have proved they are capable of callous evil purely for self preservation. We all know there's scant honour among thieves, crooks, liars and cheats.

The blood of the innocent 1,300 (I suspect the figure could be higher possibly 5,000!) Kenyans who perished in post election violence is screaming for justice from their graves. Luckily the angles, UN, Ocampo and majority of decent Kenyans will fight for them and will win.

[nowayhaha]

Mar 19, 2011 16:12:31 GMT 3 destiny said:

The deferral was bound to fail because the whole scam was meant to cover Kibaki's back after retirement in 2012. What's more, the deferral scam was insincere, being fronted, authored and pushed by thieves, crooks, liars and cheats.

Make no mistake, what's starts badly is bound to end badly, even catastrophic, so they say. Kibaki was sworn in 2002 riding a wheelchair with a broken neck and leg after dishonoring the MOU for selfish gains.

In 2008, he was sworn in again as Kenya burnt and rivers of innocent blood flowed from every direction. He was hurriedly sworn in under cover of darkness without a single foreign guest and the swearing in was presided by CJ Gicheru, a fellow Nyerian. The whole controversial ceremony was orchestrated by NSIS boss Maj Gen Gichangi- also from Othaya who organized Kivuitu's kidnapping from KICC.

I won't be surprised if Kibaki end's his poisoned presidency inside the dock at The Hague. His reign has been defined by soaring corruption, impunity, tribalism, extra judicial killings and post election bloodshed. And for that, he must prepare for the incoming costly invoice.

As Phil said, Muthaura who holds all the dark and rotten secrets of Kibaki's presidency needs to be afraid, very afraid. The Mafia have proved they are capable of callous evil purely for self preservation. We all know there's scant honour among thieves, crooks, liars and cheats.

The blood of the innocent 1,300 (I suspect the figure could be higher possibly 5,000!) Kenyans who perished in post election violence is screaming for justice from their graves. Luckily the angles, UN, Ocampo and majority of decent Kenyans will fight for them and will win.

Dont be suprised if Kibaki will be re-running for the presidential elections next year

[okolowaka]

The shuttle diplomacy and messages sent to UN SC were both shallow and hollow, carried no weight or substance....serves them right...

The naked emperor and his tailors take another checkered flag on their jua kali style of operations....this whole diplomatic circus was poorly planned and poorly executed as usual; a hallmark of the administration of the naked emperor and his tailors...

These crooks will never get it; times have changed and there is no longer baba na mama the all-knowing, all-powerful king in Kenya, whose word is law.

Now I wait for the Political Parties Act to become law...the real circus will be staged then.... ;D ;D ;D

[nalinali]

You folks seem to be misrepresenting facts. According to Kalonzo Musyoka, who is OUR VP, what happened at the UN was simply the suspension of a binding decision in respect of the Kenyan case until a formal UNSC meeting is held later where the matter will come up to vote (and where Kenya as an emerging super--power hopes to flex its muscle of the AU and Third world support). These things happen in successive incremental stages and Kalonzo says that Kenya seems to have passed the first (informal) stage.
It was thus a procedural matter rather than a substantive engagement and rejection of the case as some are gleefully suggesting here.

And now Kalonzo seems to say, as well, that Kenya has another, more direct option for dealing with ICC--namely, invoking article 19 of the Rome statute.

And I thought all along that these guys had run out of ideas. Kumbe bado.

Don't you just love this man!!!




----------------

Kalonzo: UN council has not rejected deferral bid
BY VPPS
Updated : 29 minutes ago



MWINGI, Kenya, March 19 - Vice President Kalonzo Musyoka on Saturday denied reports that the United Nations Security Council had rejected the government request for a deferral of the ICC case facing six Kenyans.

Mr Musyoka said that Kenya has not yet had a formal deliberation with the UNSC but had only sought for an informal meeting which will not provide a final verdict until a formal meeting is held.

He, however, added that Kenya had a broad based approach to the ICC matter where besides the request to the UN, the Attorney General can invoke article 19 of the Rome statute.

Mr Musyoka maintained that the Government is committed to eradicating impunity in the Kenyan society and ensures justice for all its citizens alongside national healing and reconciliation.

Mr Musyoka said that every Kenyan is entitled to basic human rights irrespective of individual status in the society.

"The ghost of impunity has to be slain so that Kenya can reclaim her rightful place as a respected nation," he added.

On ICC, the Vice President reiterated that Kenya is not in the class of failed states and has the capacity to deal with cases concerning the post election mayhem.

Mr Musyoka asked the Kenyan media to be patriotic and report fairly on matters of ICC and post election suspects.

He however defended his recent quest for deferral of the Kenyan case at the ICC, saying it was not intended to shield the suspects from prosecution, but was aimed at securing adequate time to establish a local mechanism to have all suspects tried locally and ensure justice for both perpetrators and victims of post election chaos.

The Vice President spoke at St. Joseph Seminary in Mwingi town during a fund raiser towards reconstruction of the institution that was burnt down late last year.

Read more: www.capitalfm.co.ke/news/Kenyanews/Kalonzo%3A-UN-council-has-not-rejected-deferral-bid-12111.html#ixzz1H3lwrgAm
Under Creative Commons License: Attribution Non-Commercial No Derivatives

[job]

"Every council member has told them (Kenya) individually that their request will be rejected," a council diplomat told Reuters on condition of anonymity.



"One point of today's (Friday) meeting was for the council to collectively make that clear to the Kenyans."



However, Vice President Kalonzo Musyoka said the UNSC has not rejected the deferral request.



Mr Musyoka said that Kenya has not yet had a formal deliberation with the UN body but had only sought for an informal meeting which will not provide a final verdict until a formal meeting is held.

[okolowaka]

...After reading what Musyoka had to say about the brick wall his diplomatic shuttle/circus met at the UN SC; this is the reaction from the audience...complete silence ...only crickets chirping ...then the loudest roar of laughter ;D ;D ;D....

[nalinali]

Mar 19, 2011 20:49:42 GMT 3 okolowaka said:

...After reading what Musyoka had to say about the brick wall his diplomatic shuttle/circus met at the UN SC; this is the reaction from the audience...complete silence ...only crickets chirping ...then the loudest roar of laughter ;D ;D ;D....

Okolowaka

This defies laughter? Kalonzo need serious help.
Some wise political counsel will surely do toward this end and it had better not come from Kibwana or Murungi.
I do not see Kalonzo wriggling out the corner of impunity in where Kenyans have formulated him.

[politicalmaniac]

Mar 19, 2011 20:40:29 GMT 3 job said:

"Every council member has told them (Kenya) individually that their request will be rejected," a council diplomat told Reuters on condition of anonymity.



"One point of today's (Friday) meeting was for the council to collectively make that clear to the Kenyans."





However, Vice President Kalonzo Musyoka said the UNSC has not rejected the deferral request.



Mr Musyoka said that Kenya has not yet had a formal deliberation with the UN body but had only sought for an informal meeting which will not provide a final verdict until a formal meeting is held.

Mar 19, 2011 14:37:57 GMT 3 commes said:

Until are they told, they never get it. The deferral door has been slammed shut. Kaput, it is closed.

kie kie kie ;D
Even if they are told 100 times, hakuna deferral, the mafiya wa mt kenya will retain their delusional posture, eti deferral iko!!.

Seems like the snollygoster cockalorum of a fellow Judas KM was told in private that his was a doomed mission on behalf of the mafiya.

Lakini the little twit from Tseikuru thought that he could spin and spin and spin a long yarn mpaka it becomes a thick sweater!

kumbe wapi!!

In this era where we have multiple sources to verify information, he cant pull the proverbial wool over our eyes.

Now that kina jomo jnr and ruto have jettisoned him what next for this mafiya lickspittle that is Judas KM? On whose back is he gonna ride this time around?

[akinyi2005]

Mar 19, 2011 20:49:42 GMT 3 okolowaka said:

...After reading what Musyoka had to say about the brick wall his diplomatic shuttle/circus met at the UN SC; this is the reaction from the audience...complete silence ...only crickets chirping ...then the loudest roar of laughter ;D ;D ;D....

someone once said kalonzo's motto is (keth nyingi to ilos iyi) loosely translated to describe a glutton who fills his stomach and doesn't care what his behavior does to his reputation.
everyone knows what his real motivation was, he knew this whole shuttle diplomacy scam was a flop from the word go but did he care?
he is best placed to keep quiet and hope that the next crisis comes quickly to grab our focus.

[tnk]

Mar 19, 2011 21:47:00 GMT 3 politicalmaniac said:

Mar 19, 2011 20:40:29 GMT 3 job said:

"Every council member has told them (Kenya) individually that their request will be rejected," a council diplomat told Reuters on condition of anonymity.



"One point of today's (Friday) meeting was for the council to collectively make that clear to the Kenyans."





However, Vice President Kalonzo Musyoka said the UNSC has not rejected the deferral request.



Mr Musyoka said that Kenya has not yet had a formal deliberation with the UN body but had only sought for an informal meeting which will not provide a final verdict until a formal meeting is held.

Mar 19, 2011 14:37:57 GMT 3 commes said:

Until are they told, they never get it. The deferral door has been slammed shut. Kaput, it is closed.

kie kie kie ;D
Even if they are told 100 times, hakuna deferral, the mafiya wa mt kenya will retain their delusional posture, eti deferral iko!!.

Seems like the snollygoster cockalorum of a fellow Judas KM was told in private that his was a doomed mission on behalf of the mafiya.

Lakini the little twit from Tseikuru thought that he could spin and spin and spin a long yarn mpaka it becomes a thick sweater!

kumbe wapi!!

In this era where we have multiple sources to verify information, he cant pull the proverbial wool over our eyes.

Now that kina jomo jnr and ruto have jettisoned him what next for this mafiya lickspittle that is Judas KM? On whose back is he gonna ride this time around?

i think its finally hit home. they finally get it

www.nation.co.ke/News/politics/Why+Kenya+failed+to+defer+ICC+cases+at+Security+Council+/-/1064/1129160/-/item/0/-/bokxbkz/-/index.html

only after 1 month of hard headedness and 60+ million

can we have one final photo op of those concerned

[Luol Deng]

Kalonzo's propaganda could have succeeded in the era of 1 broadcaster. I think he is still stuck in the 80s

[commes]

I would like to personally meet Kenya’s Permanent Representative to the UN Macharia Kamau.


Did anyone get a hold of the initial letter that he wrote to the UNSC on 4th March 2011?

Well, Macharia was at it again. He was caught out shamelessly sneaking a letter purportedly writing on behalf of ODM to Mr Li Baodong, President of the UN Security Council , suggesting a change of heart.

Probably under instruction from his boss, Head of Public Service, Macharia wrote that ODM had adopted a decision to push for the ICC cases on the Ocampo Six to be handled through a credible local mechanism.

Mr Macharia told the Chinese envoy the resolution was reached on last Tuesday during ODM’s National Executive Council/Parliamentary Group meeting chaired by Prime Minister Raila Odinga .

In a spirited belief of reviving a dead horse, deferral, he wrote that “he believes this development is of material importance to Kenya’s appeal to the Security Council. I would like, therefore, further to the request of 4 March, 2011, to request the Security Council to hold an open meeting as soon as possible in order to further consider Kenya’s request for deferral"

Macharia added the deferral would greatly enhance the ability of the country to complete its reform programme, including putting in place a local tribunal to investigate and prosecute post-poll violence cases.

It is public knowledge that the UN Security Council was not persuaded that Kenya’s plea met conditions for a deferral under Article 16 on threats to international peace and security, with disagreements between the coalition partners partly fuelling the rejection.

To cut a long story short, Nyong’o, ODM’s secretary general, wrote back to Li Baodong, saying the party’s position had not changed.



This goes to demonstate that the evidence against the Ocampo6 must be tight. The suspects would rather delay Justice than face it.

Talk of mad men!

www.standardmedia.co.ke/InsidePage.php?id=2000031931&cid=4&

[mwalimumkuu]

Very interesting read from my praying brother Kanjama. I have always wondered what height of naivety led other countries to allow very few UN members to wield such power even on issues that did not concern them. Take the ICC issue for instance, how do nations that subscribe to this insitution allow USA and others like China who are not even members to make decisions for them? I am glad this Kenyan case is opening the eyes of many.

Charles Kanjama

Mark Twain was one of the most-loved American storytellers of the 19th Century. The Adventures of Tom Sawyer and The Adventures of Huckleberry Finn are two of his timeless books. He wrote several other works, yet he considered his biography Joan of Arc his most important and best work. For Mark Twain, it was worth all his other books put together.

St Joan of Arc is historically noteworthy for improbably rising to be commander of an army at the age of 17 in 1429. She changed the course of the Hundred Years War between England and France, and rescued French sovereignty at Orleans. She was later named patron saint of France.

Mark Twain noted, "[After 91 years] came the ignorant country maid out of her remote village and confronted this hoary war, this all-consuming conflagration that had swept the land for three generations. Then began the briefest and most amazing campaign recorded in history. In seven weeks it was finished. In seven weeks, she hopelessly crippled that gigantic war. At Orleans she struck it a staggering blow; on the field of Patay she broke its back. (…)

"It was an ogre, that war; an ogre that went about for near a 100 years, crunching men and dripping blood from his jaws. And with her little hand that child of 17 struck him down; and yonder he lies stretched on the field of Patay, and will not get up anymore while this world lasts."

Joan’s triumph is a marker for Kenya and Africa, in a world where international power is rising without counterweight or moderating influence. The 1945 United Nations Charter was meant to set up a community of nations that upheld international peace and security, abhorred war and threats of war, and respected the equality and sovereignty of States. The UN Security Council, made up of five victorious powers of World War II and ten rotating members, was to act as the guarantor of this new world order.

However, each veto at the Security Council, each new UN-sponsored war, builds discomfort with the outdated undemocratic UN system. Africa, Latin America and Asia remain largely spectators to decisions taken in UN’s sacred forums, where influence is based on economic power and military might. It is the antithesis to rule of law, a UN system where might is right and the devil take the hindmost.

This system needs to change. The UN intervention in Libya should catalyse a rethink. The military adventure by France, US and UK has cleverly morphed from enforcing a no-fly zone and protecting civilians to regime change and supporting armed rebels through deliberate mission-creep. Yet the UN is powerless to act, and unable to guard against its guardians.

UN reformists should support Kenya’s deferral request to the UN Security Council. If a unanimous Arab League request led to action on Libya, why wouldn’t a unanimous Africa Union request work for Kenya? If domestic violence in Libya met the test of ‘threat to international peace’, why wouldn’t Kenya’s domestic situation? It is just politics.

Local political support for Kenyan ICC trials is dead in the water. Even ODM are back-pedalling furiously to avoid the fate of the 1963 Kadu party, punished for pushing foreign interests despite domestic concerns. We owe it to Intergovernmental Authority on Development and the AU to pursue the deferral request to its logical conclusion, namely a formal vote by the Security Council. My whispered candid hope is that US, UK or France will veto Kenya’s request. That could trigger a move to reform the UN system and the Rome Statute.

It is an ogre, this 66-year old veto privilege in the Council. A veto of Kenya’s deferral request could expose this ogre of international relations. Then like Joan of Arc, the little hand of Africa could strike down this ogre and break his back. Yonder he will lie stretched at The Hague while this world lasts.

The writer is an Advocate of the High Court.

www.standardmedia.co.ke/columnists/InsidePage.php?id=2000031996&cid=642&