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ODM wants UN to oppose Kenya's ICC case deferral bid

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Denzel Musumba

Denzel Musumba

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Differences in the coalition deepened over the impending International Criminal Court trials with Prime Minister Raila Odinga's wing of Government writing to the UN to distance itself from the push for deferrals. The PM’s party accuses President Kibaki and PNU of proving, through their efforts to get a deferral, their unwillingness to punish post-election violence perpetrators. "The deferral request should, therefore, be seen as evidence that PNU and Kibaki are unwilling and cannot prosecute the six suspects for crimes alleged by the ICC," wrote Prof Anyang’ Nyong’o, party secretary general. In a letter to the UN Security Council President Li Baodong, Nyong’o also listed 16 grounds for the party’s opposition for deferral or referral of the cases. From 16 points listed by ODM, it is clear the PM’s party is strongly rebuffing reasons advanced by Kibaki in his letter to Baodong a few days ago. It is ODM’s view that contrary to President Kibaki’s fears that the trials could ignite chaos, the prosecution of the suspects at the ICC does not pose threats to international peace and security. "To the contrary, failure to bring to justice the perpetrators of post-election violence poses grave danger to Kenya’s internal peace and security," said Nyong’o. Nyong’o told the UN Security Council that the ICC process was unanimously approved by the two parties under the Annan-brokered National Accord, and the instruments that paved the way for the process were signed by the President and the Prime Minister.

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