Some legal experts in Kiambu have dismissed possible arraignment of National Super Alliance Leaders Raila Odinga and Kalonzo Musyoka at International Criminal Court (ICC) as some Jubilee party supporters expect.
Speaking to KNA at Kiambu Law Court buildings Mr. Allan Magero, a lawyer dismissed the quest made by some of the Jubilee supporters saying opposition leaders have not committed any crime against humanity as stipulated by the international law.
For them to be taken to ICC, they must have committed a crime against humanity and conviction of offences against the administration of justice. Therefore nobody has committed the crime to merit intervention by the ICC. They are petty issues that can be dealt with by our courts, the lawyer said.
Mr. Magero pointed that if jubilee supporters intended to press for NASA leaders to be prosecuted by court against destruction of properties and looting, the determination of the case does not rest in the hands of those on the Jubilee side. He explained that it would fall in the hands of the office of the Attorney General and the Inspector General of police as they were charged with the responsibility to maintain law and order.
According to the Rome statue the international law stipulates that the actions of human violation as defined includes deportation, rape, ethnic violation, murder among others.
The lawyer said the NASA leaders cannot be indicted on any violation in the demonstration but individuals in the demonstration can be held accountable.
In the prevailing circumstances of demonstration, it is not easy to apprehend as most of those on the trail are hawk-eyed and take off when police attempt to arrest them, he said
The remarks come some days after a section of political leaders led by former Kiambu governor William Kabogo held a press conference in Nairobi where they called for reconciliation between Jubilee and NASA leaders. They suggested leaders from both opposition and jubilee hold dialogue to cool down political temperatures that is threatening harmony in the country ahead of the October 26 repeat presidential election.
Paul Mbugua a Kiambu based lawyer says that the International law cannot be applied to Kenyans in a domestic crisis whereby no crime against humanity has been committed.
The international law can only be applied against the two leaders if they could have directed demonstrators to destroy people’s property. But again the law breakers can be dealt with by the police who should be deployed to guard properties, said Mbugua.
NASA coalition has staged peaceful demonstration on daily basis seeking to apply pressure on IEBC CEO Ezra Chiloba and others who allegedly bungled the August 8 presidential elections exit office.
Source: Kenya News Agency