In The Radio

Date: 12th Jan 2011
Radio Station Chamgei fm
Host: Mr. kimutai maritim
Guest: Ms. everlyne chepkurui wastabei - lawyer

Topic: The fate of the named post election violence suspects

Since Kenyan parliament passed the motion that seeks to withdraw from the Rome statute last December, it has elicited mixed reactions in the country and a debate on the matter is on the media about the sincerity and commitment by the leaders and the fate of those who were mentioned last December by the International Criminal Court of Justice suspected to have masterminded the post election violence.

A radio station broadcasting in Kalenjin dialect; Chamgei FM hosted a lawyer Ms. Everlyne Chepkurui Wastabei on Wednesday 12th 2011 on a breakfast talk show that was hosted by the station's head of radio, Mr. Kimutai Maritim. The program which usually runs between 7:30 am to 8:55 am was about the fate of the suspects that were mentioned in the list.

Ms. Chepkurui took the audience about the process of the ICC and the alternative measurers when dispensing justice to the suspects who have already been mentioned in the list.

She was asked by the some of the listeners through the call-in program on who is to pay the lawyers to represent the mentioned suspects at the ICC. She said that ICC has its own lawyers that are paid by the court and added that the mentioned suspects can seek their services but added that they can hire local lawyers who understands the dynamics of the country to assist the ones from ICC.

She was asked to shed light on the process of withdrawing form the Rome statute and the local alternative mechanisms. She said after the parliament passed a motion that compels the country to withdraw for the ICC, the government has to write to the United Nations seeking to withdraw from the Rome statute. She said the process will take between 10 to 12 months and added that if it succeeds, it will not affect the ongoing cases.

One of the listeners asked about the consequences that the country will face if it withdraws from the Rome Statute, she said that Kenya will be the first one to do so among the signatories.

She added that the Attorney General can appear before the pre-trial chamber II under section 17 (3) and appeal to withdraw, a case that she said will take effect immediately.

One of the listeners, Mr. Reuben Rotich from Kamongil in Chepalungu district, South Rift region asked about the difference of the local tribunal and the ICC. She said that the ICC deals with the massive crimes and usually targets those who bear the greatest responsibility. Ms. Chepkurui said that Kenya has the capacity to deal with the cases locally since it has passed a new constitution.

She added that the country has passed a new constitution which is more comprehensive and has the capacity to handle the cases once the ongoing judicial reforms and other structures are put in place.

"Can a suspect appeal to the ICC to speed up the case that one is charged with" asked one of the listeners. She said that the ICC like any other court and can follow its own course. But she added that for a case of people who have presidential ambitions, she added, they can present their request and it can be considered and their cases can be handled with speed.

About healing and reconciliation, she said that Truth Justice and Reconciliation commission (TJRC) is still in place and can be used to bring harmony and peaceful coexistence in the country.

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