Thursday, November 4, 2010

Ruto goes to The Hague in response to ICC letter

By Standard Team

Eldoret North Member of Parliament William Ruto is in The Hague on voluntary basis to respond to issues raised by the International Criminal Court (ICC) in a letter he received a few weeks ago. The suspended Higher Education Minister left aboard an international commercial flight that checked out of Jomo Kenyatta International Airport last night.

He was seen off by friends in the low-profile departure. His lawyer, Mr Katwa Kigen who was seen in Nairobi on Monday, is said to have gone ahead of him but is expected to link up with him at the headquarters of ICC, which is investigating prominent Kenyans for their role in post-election violence.

The prominent Nairobi lawyer’s phone was switched off and could not, therefore, be reached.

Earlier, one of his associates told The Standard: "Ruto is going to respond to issues raised in the letter he received from ICC. It is not about summons because ICC has not given out any. It is not about being a suspect. There are even provisions for witnesses to visit ICC and respond to issues put before them by the court."

Another of his associates said in a separate interview: "He has a ticket and I can tell you for sure he is on the flight to The Hague... I will not discuss anything else about him."

Ruto is accompanied by Belgut MP Charles Ketter and a Political Science lecturer at the University of Nairobi.

It was not immediately clear when the suspended minister secured an appointment with Chief Prosecutor Luis Moreno-Ocampo and when he is set to meet him but it is believed the one-on-one talks will take place between today and Sunday.

Eldoret North Member of Parliament William Ruto

His departure comes hours after Lands Minister James Orengo, who is a member of the Cabinet Sub-Committee on ICC-related matters revealed that alleged perpetrators can decide to appear voluntarily before the prosecutor.

The sub-committee is chaired by Internal Security Minister Prof George Saitoti, who now has the enhanced role of acting Foreign Minister.

Orengo who met Ocampo in New York last week, revealed that the prosecutor informed him ICC intends to issue summons to post-election violence suspects, but they could choose to appear at The Hague of their own volition.

Ruto’s lawyer is said to have gone to The Hague to await him as well as further instructions.

However, the ICC is yet to issue any summons to any politician or businessman alleged to have committed crimes against humanity during post-election violence. The Kenyan case has not in fact reached the stage where summons are issued.

Investigator’s list

There is a veil of secrecy on both suspects and witnesses ICC has lined up. However, the main suspects could be revealed in December when Ocampo is expected to appear before the Pre-Trial II’s panel of Judges to formally request summons.

The Chief Prosecutor said last month that appearing before the ICC voluntarily was an easier option for suspects, as it would save them the trouble of being arrested after warrants were issued.

He welcomed individuals who suspect they are part of those on the investigator’s list to volunteer information before he makes his second appearance before the Pre-Trial Chamber later in December. "One can decide to come to us before we go to the Chamber or decide to become a fugitive when the warrants are issued. You appear before us or become a fugitive," warned Ocampo.

But the Eldoret North MP’s option to travel to The Hague gives the strongest sign yet he is among those who have received letters from ICC.

The politician is among those whose names featured prominently in investigations into the post-election violence, in which more than 1,300 Kenyans lost their lives, by Kenya National Human Rights Commission.

During a tour of The Hague by local journalists last month, Ocampo revealed one politician had written to him expressing willingness to appear voluntarily before the ICC. It is now believed it was Ruto.

Seeking evidence

During that tour, Ocampo, told The Standard in his Office:

"There is one person who wrote to me a few weeks ago saying he was ready to appear before the Chamber, and said if there was any evidence against him, he was willing to stand trial. He asked his information to be kept confidential."

Early last month, The Standard established ICC had written to three Cabinet Ministers asking them to make a date with investigators in connection with the post-election violence and related crimes. Only one of the said ministers was in Cabinet in 2007.

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