President Mwai Kibaki has made it clear that he does not plan to take any action against government officials named by ICC Prosecutor Luis Moreno Ocampo as suspected masterminds of the post election violence.
In a statement sent from State House on this afternoon, the Head of State said calls for action against those named were “prejudicial, pre-emptive and against the rules of natural justice.”
“They cannot be judged as guilty until the charges are confirmed by the court,” the President said.
He pointed out that those mentioned had not yet been fully investigated as the pre-trial process in The Hague had only begun and should therefore not be condemned. President Kibaki repeated the government's commitment to establish a local judicial mechanism to try those behind the post election violence. "As a nation we must also focus on the need for national healing and reconciliation. This is paramount as we move forward on the path of national peace and unity."
Those in the list of six unveiled by Mr Ocampo include Deputy Prime Minister and Minister for Finance Uhuru Kenyatta, suspended Higher Education Minister William Ruto and Industrialisation Minister Henry Kosgey.
The others are Head of the Civil Service Ambassador Francis Muthaura and former Police Commissioner Major General (Rtd) Mohammed Hussein Ali as well as KASS FM radio presenter Joshua arap Sang.
On Monday the Cabinet held an unusual meeting and agreed to form a local tribunal to try perpetrators of the post election violence.
However, the decision was criticised by Kenyans especially members of the civil society who said establishing a local tribunal would not deter the ICC process since it was dealing with high level perpetrators.
Mr Ocampo said Kenya was free to investigate other perpetrators if it so wishes but vowed to continue pursuing his list of six.
Earlier on Wednesday, Members of Parliament initiated a process for Kenya to pull out from the Rome Statute and block ICC from investigating the 2008 post election violence.
Chepalungu MP Isaac Ruto moved a Motion that seeks to bar Mr Ocampo from prosecuting suspected masterminds of the violence and allow for a local judicial process.
Even if Kenya withdraws from the Rome Statute, ICC cannot stop its process.
"Amnesty can only be granted when one has been tried and convicted. If we brush aside violations without acknowledging we may encourage another chapter of chaos in the country."
-Martha Karua, Minister of Justice
"In 1980, Museveni went to the bush claiming that the elections were rigged. Now he is the same man congratulating Kibaki whose victory is being disputed. This is the saddest thing the President has done to East Africa."
-Prof. Ogega Latigo, Uganda's Leader of the Opposition in Parliament
"I do not know whether Kibaki won the election." -ECK chairman Samuel Kivuitu talking to The Standard after admitting that he read the election results under pressure from PNU