Connect with us

KENYA

Spotlight shifts to ICC referral and Somalia border case

Published

on

The spotlight is expected to temporarily swing from politics as the government focuses on two events regarding the International Criminal Court and the country’s maritime border dispute with Somalia at the International Court of Justice.

From Monday, the Assembly of State Parties — the management oversight and legislative agency of the ICC — will be meeting at the UN headquarters in New York for the 16th session, which will end on December 14.

As the session opens, two events will be of focus to Africa and Kenya in particular.

ASSETS

In the provisional work plan of the ASP, cooperation with ICC has been listed as an item for discussion on December 11. It is understood that the referral of Kenya to the ASP by ICC could come up at that point.
In September 2016, trial judges Kuniko Ozaki, Robert Fremr and Geoffrey Henderson found Kenya to have breached the Rome Statute in the case of President Uhuru Kenyatta by failing to produce information requested by Ms Fatou Bensouda, the prosecutor.

Failure to reveal Mr Kenyatta’s bank accounts, assets, ownership of companies and financial transactions in the lead-up to the 2007 elections and early 2008 was cited by Ms Bensouda as one of the reasons the crimes against humanity case flopped.

“Noting that the case against Mr Kenyatta has already been terminated and considering the relevance of the materials sought in the prosecutor’s request to current or future investigations, Trial Chamber V considered a referral to the ASP appropriate for the purpose of fostering cooperation more broadly,” the court said.

The subject of cooperation could also be interesting for other African countries, which have in the past accused ICC of targeting their leaders.

NEW JUDGES

Along with cooperation, the ASP will be electing six new judges to replace among others, Kenya’s Joyce Aluoch and Botswana’s Sanji Mmasenono Monageng.

Both would have served their nine-year non-renewable terms on March 10, 2018. Since the positions are rotational, neither Kenya nor Botswana has candidates.

African countries that have candidates are Benin, Ghana, Uganda and Lesotho.

The election of judges will take place on December 5 and 6 while cooperation will be discussed at the plenary on December 11.

Meanwhile, Kenya also has a date with the UN’s principal judicial organ, the ICJ, in the dispute between Nairobi and Somalia.

After ruling on February 2 that it had jurisdiction to adjudicate the dispute between Somalia and Kenya concerning maritime delimitation in the Indian Ocean and that Somalia’s application was admissible, ICJ fixed December 18 as the time-limit for the filing of the counter-memorial of Kenya in the case.

The counter memorial should have at least three parts namely statement of relevant facts, statement of law and submissions, and will be Kenya’s official response to the maritime dispute case filed by Somalia.

“Kenya’s counter-memorial will be filed on or before December 18,” Attorney-General Githu Muigai told the Sunday Nation, adding that the response would be a “bulky document”.

Somalia’s memorial, which is in four volumes, was filed on July 13, 2015. It sought the maritime boundary redrawn to extend diagonally to the south at Kiunga into the sea, and not eastwards as it is.

“The court is asked to determine, on the basis of international law, the complete course of the boundary dividing the maritime areas appertaining to Somalia and to Kenya in the Indian Ocean, including the continental shelf beyond 200 nautical miles. Somalia also requests the court to determine the precise geographical co-ordinates of the single maritime boundary in the ocean,” Somalia said.

If granted, Somalia’s prayers could also affect Kenya’s sea border with Tanzania.

KENYA

Work on Kenya-Somalia border wall suspended | Al Jazeera English

Published

on

Kenya has suspended construction of a 700-kilometre border wall after confrontations between security officers and people from a nearby Somali town. Locals say the partially-built wall has helped prevent al-Shabab fighters from crossing into Kenya. Hundreds of people have died in attacks by the armed group, but other areas remain unsafe. Al Jazeera’s Catherine Soi reports from Mandera, on the Kenyan-Somali border.

Continue Reading

KENYA

Work on Kenya-Somalia border wall suspended

Published

on

DAILY NATION — The much publicised security fence on the Kenya-Somalia border has temporarily stopped to allow further negations between the two states.

This was revealed on Friday by Mandera Governor Ali Roba and his Gedo counterpart Mohamed A. Mohamed from Somalia.

BORDER WALL

While on a meet-the-people tour in the border towns of Mandera and Bulahawa, they said the two countries have agreed to temporarily stop the project that would separate the two towns.

According to the two, President Uhuru Kenyatta and Somali President Mohamed Abdullahi Farmajo will soon meet to agree on a few “thorny issues” before the project proceeds.

Governors Ali Roba and Mohamed M. Mohamed.

Governor Roba said the decision was reached to quell the rising tension among people who live near the border.

“There is a lot of negative propaganda particularly on the Somalia side with respect to border security programme but we are here to confirm that all that is false,” said Mr Roba.

He said locals on the Somalia side of the border have been made to believe that the fence would lead to their eviction and the demolition of their houses.

TALKS

The Mandera governor said consultations have been ongoing for the past two-and-a-half years over the security programme initiated by the Kenyan government.

The construction has been slow since its inception in 2015 because the local community has to be involved at every stage.

“We are here as neighbouring governors to inform the public that the project has been halted so that a solution for the houses lying directly on the border can be found,” he said.

This, he said, was agreed on during a meeting last week attended by North Eastern Regional Coordinator Mohamud Saleh in Mandera Town.

“I can confirm the contractor has been asked to demobilise temporarily pending engagement by the two national governments to discuss a solution in an amicable way,” he said.

A section of the completed fencing along the Kenya-Somalia border in Mandera on March 3, 2018. PHOTO | MANASE OTSIALO | NATION MEDIA GROUP

Kenya-Somalia border.

Gedo Governor Mohamed said Presidents Kenyatta and Farmajo had already talked on the phone and agreed to meet soon.

“Our message here is that the construction stops until the two national governments come together to agree on some issues on the table,” he said.

According to Governor Mohamed, issues to be discussed include the reason for the project, its effects on daily activities and the fate of the homes that would be affected.

Mr Mohamed wants the Kenyan government to consider the social interaction of the communities along the border before separating them with a wall.

“The people living here have a long history of depending on one another and separating them needs negotiations to solve the problem,” he said.

Sixty-four homes have been marked for demolition along the border to allow the completion of the project, which is supervised by the Kenya Defence Forces (KDF) engineering department.

Kenya-Somalia border.

Kenya announced it would build a security wall to prevent Al-Shabaab militants from getting into the country, following the deadly April 2, 2015 attack at Garissa University College that left 148 people dead. Most of those killed were students.

The project was later changed to a wire fencing with a parallel trench. Eight kilometres have been completed.

However, the residents on the Somalia side of the border opposed the project and demanded to be compensated for their houses that are in the no man’s land. They have been marked for demolition.

They also asked the Kenyan Government to accept those who have Kenyan ID cards to settle in Mandera.

Some demands that the Kenyan Government is reluctant to implement include allowing students from Somalia to learn freely in Mandera.

Residents on both sides of the border have said the fence would disrupt business, social interactions and movement of livestock when herders search for pasture.

Continue Reading

Briefing Room

KENYA: Raila beaten as Miguna Miguna fights off citizenship nightmare

Published

on

The pensive face of Nasa leader Raila Odinga as he helplessly watched security officers grab Miguna Miguna by the waist in a bid to force him out of the country on Monday night told it all.

The former prime minister’s reputation as a troubleshooter for his lieutenants was on the line, especially in the backdrop of the March 9 handshake between him and President Uhuru Kenyatta that was meant to build political bridges.

Despite what was agreed being a guarded secret between the two, opposition aides believe that rule of law was one of them. At Jomo Kenyatta International Airport on Monday night, however, Mr Miguna was on his own, forced to fight off his citizenship nightmare the brutal, bare-knuckle way.

Although Mr Miguna was not entirely blameless for the standoff — as he refused to have his Canadian passport stamped — there was hope as soon as Mr Odinga entered the airport that a solution would be found.

Mr Odinga did not speak to the media when he alighted from his car at 10.05pm. He ignored journalists’ questions and walked straight to Terminal 1E, where Mr Miguna was holed up alongside his lawyers James Orengo, John Khaminwa and Cliff Ombeta.

SURRENDER PASSPORT

After a brief conversation with Mr Miguna, the former Prime Minister was soon on his phone. Owing to his new relationship with the President, it was assumed that he might have placed a call in the hope of securing the release of his friend-turned-foe-turned-friend.

But lawyer Nelson Havi, who was at the airport, told the Nation on Tuesday that Mr Odinga might have got into the act a bit late as the decision to re-deport Mr Miguna had been made five hours earlier, at about 3pm, after the fiery lawyer refused to surrender his Canadian passport.

“We believe that was the time the decision to take him back to Dubai was made,” he said yesterday, suggesting there had been a high level consultation within the government over the manner the lawyer was handled.

However, Mr Havi does not know at what level the decision to turn Mr Miguna back was made.

SIGN PAPERS

“What we know is that when it became clear that he would not surrender his Canadian passport, and that he was not ready to sign papers to get a visa, the decision to send him back was made,” he said.

Mr Miguna has been an acerbic critic of the Jubilee government, and his role in the January 30 ‘swearing in’ of Mr Odinga the point of no return with state agencies.

He was arrested and deported to Canada on February 9 as, the government claimed, he was not Kenyan since he had renounced his Kenyan citizenship in 1988.

His return on Monday at 2.30pm came less than 24 hours after Mr Kenyatta and Mr Odinga exchanged niceties at the Kenya Open golf tournament at Muthaiga Golf Club on Sunday, where they re-affirmed their desire to unite the country following last year’s disputed general election.

Mr Odinga’s arrival at the airport coincided with word that the State had deemed Mr Miguna an undocumented passenger, meaning he would be deported again to his adopted Canada, via Dubai, because he had used an Emirates flight to enter Kenya.

SHORT SCUFFLE

Sources at Kenya National Commission on Human Rights blamed the standoff on Interior Cabinet Secretary Fred Matiang’i, who, it was claimed, had issued orders that Mr Miguna should unquestioningly comply with the demands the immigration department was making.

Mr Orengo’s arrival at the airport a couple of hours before Mr Odinga was understood to be for the sole purpose of engaging Dr Matiang’i, while Mr Odinga’s entry into the melee was proof that the Dr Matiang’i route had borne no fruit.

Mr Odinga engaged in a short scuffle with the police before settling to make a call. As the Nasa leader talked on the phone, Mr Miguna attempted to dash out of the airport, his luggage well dangling from the baggage carrier, only to be stopped by three police officers who used their bodies to barricade the door.

300 POLICE OFFICERS

It is estimated that between 300 and 400 police officers were mobilised for the operation that would see Mr Miguna picked up, in full view of Mr Odinga, whisked away, and forced into the Emirates plane.

The flight had been delayed to ensure that the Kenya government’s unwanted visitor was taken back to where he had come from

A forlorn-looking Mr Odinga, sandwiched by his security detail, emerged from the terminal minutes later, defeated and angry. Again, he did not speak to the media.

“Mr Miguna has been whisked away by about 40 undercover police officers,” Mr Orengo briefed the media shortly afterwards. “He has been described as an undocumented passenger and forced into an Emirates flight.”

MEDIA ENGAGEMENTS

His briefing, however, was cut short by heavily armed police officers, and that was the last of orderly media engagements at the airport before everything went blank.

Mr Miguna spent the night at the airport, but his lawyers, journalists and friends were barred from seeing him on Tuesday.

More than 24 hours after landing on Kenyan soil, he was holed up at Terminal 2, where he had been transferred, ostensibly to minimise the image damage to Kenya at the international arrivals, and also to better contain him, the battering of journalists looking for him, and the team of lawyers seeking to secure his release.

Continue Reading

TRENDING