By Myriam Clerge
Impunity Watch Reporter, Eastern and Southern Africa

NAIROBI, Kenya – Yesterday, President Mwai Kibaki and Raila Odinga met for the first time since the December 27 election that has triggered political and ethnic clashes. The talk was mediated by former UN Secretary General Kofi Annan, in hopes of coming to a peaceful resolution to the dispute. Unfortunately, a solution was not resolved at the meeting.

In fact, Odinga claims he was offended by Kibaki’s comment that he was Kenya’s “duly elected” president. Today, Odinga informed the press that he would not take a prime minister position under Kibaki and the only acceptable options were Kibaki’s resignation, a vote re-run, or a power-sharing leading to constitutional reform then a new election.

The post-election violence was another issue discussed at the meeting. Both sides expressed concerns and commitments to end the violence and yet each side accused the other of genocide.

Meanwhile, at least, twelve people were killed in Rift Valley after violence erupted in the town of Nakuru. Hundreds of people were taken to the hospital after members of President Kibaki’s Kikuyu tribe and Luos and Kalenjins, who backed Odinga, fought in the street, burned homes and looted businesses. A curfew has been imposed.

As the inter-ethnic violence continues, fear of genocide increase. According to Reverend Cornelius Korir, the catholic bishop of Eldoret, near western Kenya, the attacks targeted specific ethnic groups and were thoroughly prepared and organized. The Human Rights Watch has also claimed that they have evidence “that ODM politicians and local leaders actively fomented some post-election violence.”

The incessant violence has caught the attention of the Office of the Prosecutor at the International Criminal Court (ICC).  The ICC was organized to exercise jurisdiction and prosecute incidents of serious crimes like genocide, crimes against humanity, war crimes and the crime of aggression. As the number of deaths rise within Kenya’s two largest ethnic groups, the ICC has taken the initiative to closely monitor the crisis. 

Kenya, a state party of the ICC, signed the Statute in August 1999. Despite Kenya’s membership, the ICC can only intervene if the case is not the subject of an investigation by national jurisdiction or the State is unwilling or incapable of prosecuting.

For more information please see:

Reuters: Africa- Worried Kenyans Fear More Rift Valley Bloodshed – 25 January 2008

AllAfrica.com – Kenya: Violence, Death and Justice – 23 January 2008

BBC- Kenya Ethnic Attack ‘Planned’ – 24 January 2008