In Summary

At exactly 1.31 pm, he placed before the Hague’s pre-trial chamber the case for his intention to start the investigations, marking the beginning of the process to punish perpetrators of the violence.

“Today at 1.31 pm Kenyan time, I asked the judges of the ICC for authorisation to investigate those behind the violence after the 2007 elections. Now it is up to them to decide on my request,” he said.

Was confident

Mr Ocampo was confident the three-judge bench would grant his wish because “we have more than enough evidence” to start work immediately. “If the judges authorise the investigations, my teams are ready to deploy. We have analysed the boxes and other documents from the Waki Commission and other reports,” he said.

The ICC prosecutor was speaking at a press conference at The Hague which was beamed live at the UN offices in Nairobi. It has taken Mr Ocampo three weeks to make the request after his visit to Kenya during which President Kibaki and Prime Minister Raila Odinga declined to hand over the case to the ICC.

The prosecutor said he had taken the step because the government had failed to set up a local tribunal. However, he said, should one be established, Kenya could challenge his investigations. “There are no national investigations into violence but in future they can challenge and give reason,” he said.

Though he had said he would seek authorisation next month, the ICC’s time table indicating that judges will go on vacation after December 12, pushed him. He said he was moving fast to ensure suspects were punished before the next elections. “We are trying to be as fast as possible. Individuals should face justice in 2010,” he said.

Mr Ocampo said the government had promised to cooperate with investigations and allayed fears that witnesses might fail to give evidence following threats. He said the ICC had an “efficient” witness protection programme nurtured over six years.

“Protection of witnesses is our responsibility. We have used it for the last six years in different countries without fail and we intend to maintain that record.”

The ICC prosecutor said reports in the Kenya media citing intimidation of witnesses could be attributed to claims that police were involved in the killings and said Internal Security minister George Saitoti and Attorney General Amos Wako had assured him of witnesses’ safety.

Final list

Mr Ocampo said there was a possibility some of the suspects would be heard by investigators before the final list is taken before the judges but said this would depend on requests from those who think they were mentioned in the Waki Commission or any other report. “We are thinking of the idea (that) those most responsible can request to be interviewed to hear what they say about the chaos,” he said.

In Summary

Key participants were Agriculture minister William Ruto and the chief guest, Deputy Prime Minister Uhuru Kenyatta, reflecting a regrouping of the Kanu leadership brought to the fore ahead of the 2002 elections.

Another key Kanu leader of the time, Vice-President Kalonzo Musyoka, was expected to put in an appearance but sent his apologies, a donation of Sh100,000 and words of support.

The three make up the so-called 3Ks, the mooted Kalenjin-Kikuyu-Kamba alliance seen by its promoters as the best way to stop Mr Odinga in his tracks come 2012.

Mr Ruto, an ODM deputy leader, has been openly at odds with his party boss over the Mau evictions and a host of other issues ranging from public service appointments to proposals that key perpetrators of the post-election violence be tried, whether by a local tribunal or the International Criminal Court.

On Wednesday evening, the Eldoret North MP demonstrated his political clout by assembling 10 ministers and more than 50 MPs from across the political divide to launch broadsides at Mr Odinga.

The powerful line-up at the Panafric Hotel raised Sh5 million, but the speeches made it apparent that the agenda was not so much the plight of the Mau evictees but the opportunity to hit out at Mr Odinga, who was variously labelled as dictatorial, dishonest and trouble-maker unfit to lead the country.

A day before the event, it was rumoured that Mr Odinga had held a meeting with President Kibaki and asked him to prevail on Mr Musyoka and Mr Kenyatta not to attend as this would indicate a divided government. The latter’s entry was greeted by loud cheers.

Mr Musyoka was in Mombasa on official business, but was represented by a key ally, Justice minister Mutula Kilonzo, who sent greetings from the VP with the reminder that he had warned Kenyans against Mr Odinga.

The ODM-K secretary general said justice must be done in Mau and took the opportunity to announce that the VP would soon be seeking political support from Rift Valley residents.

Mr Musyoka has been at the forefront in pushing the KKK agenda, to the discomfort of Mr Ruto and Mr Kenyatta who have both, in public at least, criticised the formation of ethnic groupings.

Mr Kenyatta emphasised that he was not contradicting a government stand on Mau by participating, saying he had attended such drives for IDPs before.

On Friday, an aide to Mr Kenyatta, former MP David Murathe, denied that the Deputy PM had been asked by the President to skip the fund-raiser. Mr Murathe said there was no way Mr Kenyatta could defy a collective government decision but had every right to attend the function to promote reconciliation.

A source close to Mr Musyoka confirmed that the VP had been called by the President and alerted that his participation would send wrong signals.

Youth outfit

Although it bills itself as a youth outfit, Simama Kenya is patently on a succession-planning campaign ahead of President Kibaki’s exit and has tried to target the same Rift Valley, Central and Eastern regions, with Coast thrown in too, in what seems like a bid to isolate Mr Odinga.

The fund-raiser got a surprise boost when Energy minister Kiraitu Murungi and some PNU officials abandoned a party meeting at the same hotel to join in.

Mr Murungi, who only a day earlier had lavished praise on Mr Odinga for his tough stance on the Mau evictions, changed his stance and enthusiastically joined the PM-bashing chorus.

Mr Ruto donated Sh500,000 and Mr Kenyatta Sh350,000.

Live as one

Former Cabinet minister Nicholas Biwott gave goods worth Sh200,000 while Mr Jimmy Kibaki, Mr Murungi and ministers Najib Balala (Tourism), Mohamed Elmi (Development of Northern Kenya), Mohamed Kuti (Livestock) and Lugari MP Cyrus Jirongo donated Sh100,000 each.

Other ministers present included Mr Franklin Bett (Roads) and Mr Yusuf Haji (Defence).

Mr Kenyatta said the day Rift Valley people decided to live as one would be the day Kenya and whole of East Africa did the same.

“Leaders should stop divisive politics and using wananchi to achieve personal glory. Where there’s war, let’s sow peace, where there’s hate, let’s sow love and where there’s disunity, unity,” he said.

The Kanu chairman said climate change was a reality that Kenyans and government must deal with but the country must stop creating more IDPs.

He said people living in Mau must leave so the environment could be protected for future generations, but added: “We don’t need to victimise today for tomorrow just as we can’t sacrifice tomorrow for today.”

Mr Kenyatta said some people in government he would not name had tried to dissuade him from attending.

Mr Ruto, however, did not comment on the proposed political alliance, saying Rift Valley faced the biggest challenge of communities co-existing peacefully and that the harambee would help unite them.

Was dangerous

“We want to wipe the tears of every person living in Rift Valley because we are all Kenyans. We are happy our brothers from Central are here. We are all prepared to do whatever it takes to bring the communities to live together in harmony. Nothing should stop us from having a peaceful and stable Rift Valley,” he said.

He said Forestry and Wildlife minister Noah Wekesa’s assertion that Mau settlers should go back to their original homes was dangerous and should not come from a person who knows Kenya.

Mr Balala said he attended the harambee in solidarity with justice and described guests at the high table as future leaders of Kenya and that they all supported majimbo.

Building walls

He said Coast people and Muslims were with those of Rift Valley and their decision was final.

Mr Murungi added that the country could not move from one set of IDPs, the post-election violence victims, to another.

“Some things speak for themselves. We have spent time building walls against each other. It is time to pull them down. There is a season for everything. It is time to break down walls among ourselves,” he said.

Mutito MP Kiema Kilonzo said Mr Odinga had forgotten the people who helped him get into power while Agriculture assistant minister Kareke Mbiuki said Eastern Province was together with Rift Valley and they would unite to get into power in 2012.

Special Programmes assistant minister Mohammed Ali said people in Mau were more important than the forest and that the Finance ministry should provide money to assist them like other IDPs.

Special Programmes minister Naomi Shaban warned that if Rift Valley was destabilised, the whole country would suffer. She said those displaced from the Mau should not be treated differently, giving an assurance that the government would resettle all of them whether they had title deeds or not.

Mr Elmi said a good follower was one who told “you” the truth and one who did not sing the song that you wanted.

Mr Bett, who cautioned against using the meeting to campaign for the presidency, said those leaving Mau were the Ogieks and had nowhere to go.

“Telling them to go where they came from is to tell them to go back to the forest,” Mr Bett said.

Livestock assistant minister Aden Duale, who is also one of the ODM vice-chairmen, said he had no regrets attending the harambee.

“We have no apologies for supporting Kenyans who are vulnerable. You are either with the Mau people or not,” he said.

Contacted, Mr Odinga’s spokesman Dennis Onyango refused to comment on the harambee.

GULU, Thursday

South Sudan President Salva Kiir was on Wednesday held up in Gulu for nearly seven hours after the plane carrying him ruptured a tyre.

The Antonov 74 cargo plane, carrying Mr Kiir and his delegation, was just lifting off the ground at about 9:30 am when it developed a mechanical problem.

Mr Kiir, who is also the first vice president of Sudan, was in Gulu from Tuesday and engaged President Yoweri Museveni in talks over border tensions between Sudan and Uganda.

On Tuesday evening, Mr Museveni and his counterpart travelled to Moyo on the Uganda-Sudan border for bilateral talks and returned to Gulu army barracks where they held a two-hour meeting on Tuesday night.

The flurry of bilateral engagements nearly turned tragic on Wednesday morning when Mr Kiir and his delegation had to be evacuated amidst panic after his pilot fought hard and avoided a crash after detecting technical problems with the wheels and the hydraulic system of the plane.

Gulu Resident District Commissioner Walter Ochora,  who later saw off Mr Kiir,  ruled out foul play and described the incident as not surprising.

Mr Kiir left at 2.30 pm aboard a Ugandan Airline plane. “A snag in air transport is a very common thing, so I was not surprised that this particular aircraft developed a problem with its wheels and the hydraulic system. I have experienced it many times,” Col Ochora said today.

For some, the incident may have brought back bitter memories of the death of Colonel John Garang, the South Sudan leader who was killed after his helicopter crashed in the Imatong Hills in 2005.

Col Garang had been in Uganda for talks with President Museveni at his Rwakitura home. Investigators found no evidence of foul play in the case.

In yesterday’s incident, the pilot managed to steer the plane away from hitting trees, which averted possible harm to the passengers.

Mr Aziku Zata, the Deputy Northern Regional Police Commander, said the front tyre of the plane ruptured before take-off, causing it to veer dangerously off course.

The Police said no one was injured in the incident and Mr Kiir was evacuated into a waiting car and driven back to Acholi Inn, where he spent the night.

Other senior Sudanese officials who were travelling with Mr Kiir were: Major General Gier Dwang Aluong, who is Minister of Internal Affairs and Lt Gen Clement Wani Konga, the Governor of Central Equatorial State in Southern Sudan.