By Kylie M Tsudama
Impunity Watch Reporter, Africa

NAIROBI, Kenya – The Kenyan government has said that it will cooperate with the International Criminal Court (ICC) in its probe of abuses during the post-election violence.  While the names have not yet been published, it is believed that it includes ministers and prominent businessmen.

The ICC announced on Wednesday that it would pursue trials against the suspects because Kenya failed to meet its September 30 deadline to set up its own tribunals.

The violence following the December 2007 elections was among the worst in decades.  Fighting was triggered by accusations that the presidential election was rigged.  Ethnic clashes ended when a unity accord was agreed to.  About 1,500 people were killed and 300,000 were displaced during the two months.

Justice Minister Mutula Kilonzo welcomed the ICC decision.

“It was a statement by the top organ of the country that the government will cooperate with the ICC,” he said.  “The ICC can sit in Kenya and we do not have to surrender anyone we just need to arrest them, put them in cells and take them before the court when that time comes.   Unless Parliament repeals the International Crimes Act or Kenya withdraws from the Rome treaty, there is really no choice but to help Mr. Ocampo in his work.”

“But the government has no intention of repealing the law or quitting the treaty since it is in the process of reforming the country into an icon of governance,” he added.

Earlier this year the Kenya government declined to accept a bill that would have set up tribunals.  Parliament believed that it would amount to political interference.

Kofi Annan, former UN Secretary General, handed over the names of the top suspects to the ICC in July.  He was responsible for mediating the talks that led to the unity government between President Mwai Kibaki and Prime Minister Raila Odinga.

ICC Chief Prosecutor Luis Moreno Ocampo said he will prosecute those “most responsible” for the violence and leave Kenya to investigate any others.

For more information, please see:

Daily Nation – Ocampo’s Secret Evidence on Kenya – 03 October 2009

AFP – Kenya to Cooperate With ICC on Unrest Trials – 02 October 2009

BBC – Kenya Backs Poll Violence Trials – 02 October 2009

AllAfrica – Kenya: Govt to Hand Over Ministers to Hague – 01 October 2009

Bloomberg – Annan Will Visit Kenya Next Week to Review Political Changes – 01 October 2009