Sunday, December 12, 2010

Hour of reckoning

By Gakuu Mathenge and Oscar Obonyo
The day of reckoning for post-election violence suspects is finally a couple of hours away.
The International Criminal Court Chief Prosecutor Louis Moreno-Ocampo will on Wednesday name the six suspects he is targeting for pros over the violence that claimed 1,200 lives.
He will be naming the suspects only nine days before Christmas, and it will be celebration for the hundreds of thousands of those wronged during the violence that pushed Kenya into a political crisis.
But a restless Christmas awaits the six who will be made known at a press conference on Wednesday at 5pm, Kenyan time, at The Hague, Netherlands.
According to a press release from the ICC, Moreno-Ocampo will hold a press conference in the Press Briefing room of the ICC, to "make an important announcement concerning the investigation in the Kenya situation".
Press conferenceDuring a visit to Kenya ten days ago, Moreno-Ocampo said the suspects he is targeting for indictment would be known by this Wednesday.
The ICC has made arrangements to broadcast the press conference on the Internet. It can be watched at "http://livestream.xs4all.nl/icc5.asx" link.
Though thousands of miles away, Moreno-Ocampo’s pronouncement is expected to immediately generate tension. As the clock ticks towards Wednesday, Kenyans will be waiting anxiously to know who is on Moreno-Ocampo list. The naming will signal that he is ready to go before ICC judges to ask for the indictment of the suspects.
Moreno Ocampo
Mwai Kibaki
Raila Odinga
Uhuru Kenyatta
William Ruto

But even before he makes known his pick, some politicians have already demanded certain individuals must be on the Ocampo list.
Last week, 16 MPs allied to Deputy Prime Minister, Uhuru Kenyatta, and suspended Cabinet Minister, William Ruto, issued a press statement threatening to disrupt the ICC work if certain names are left out.
Agriculture Assistant Minister, Kareke Mbiuki, has particularly warned of unspecified action if the PM’s name does not feature in the list of suspects.
Nairobi lawyer Harun Ndubi warns that political statements to the effect that the PM or any other individual must also be named in the Moreno-Ocampo list "is advance mobilisation of ethnic consciousness and incitement to violence once indictments are announced".
Some politicians implicated in the ICC investigations have claimed it was a political tool to get them out of the 2012 political succession race.
Indeed the National Cohesion and Integration Commission (NCIC) concedes tension is expected to rise in Government and within political parties following the indictments.
"NCIC is alert and ready to apply the law vigorously and robustly if anyone, politicians included, attempts to mobilise and stoke ethnic tension," warns the commission’s vice- chair, Mary Onyango. Several high profile individuals were grilled and others arraigned in court during the constitutional referendum campaigns over hate speech.
"Political tension is expected to degenerate into ethnic animosity. Politicians are also expected to use the announcements to enhance their selfish agenda. Anti-reformers could also crawl out of the woodwork to capitalise on the announcements to derail reforms," the NCIC official warned on Thursday, during a civil society meeting in Nairobi, convened by Kenya National Commission on Human Rights (KNCHR).
New phaseNonetheless, the destined listing of the key suspects is a culmination of a long wait for justice by thousands of victims of the 2007/2008 crimes against humanity and families of people who were killed during the mayhem. If Moreno-Ocampo secures the indictments, then Kenya will enter a new phase of political realignments ahead of 2012 General Election. It is highly anticipated that among the six are political heavyweights in PNU and ODM.
Attorney General, Amos Wako, who was recently quoted in the Press for indicating Moreno-Ocampo may not have sufficient evidence to proceed, now clarifies otherwise.
"Only a part of my delivery was carried by the Press. Otherwise, I only clarified the fact that the Waki Commission report in itself could not provide enough evidence or sustain a case against those it implicates," Wako told The Standard On Sunday.
Lately, Ruto has staged a spirited battle against the ICC investigations. Ruto’s lawyers have reportedly filed a case at the Pre-Trial Chamber of the ICC to force ICC prosecutor to conduct new investigations.
Ruto and Uhuru have also separately made legal efforts to have their names expunged from the KNCHR report, On The Brink Of The Precipice. Other personalities who have publicly stated they could be on the list include former Naivasha MP, Jayne Kihara, and Eldoret businessman, Jackson Kibor. In the meantime, the civil society is urging the Government to reassure Kenyans it would facilitate arrests and transfer of suspects once indicted.
Centre for Multi-Party Democracy (CMD) CEO, Njeri Kabeberi, has called on Kenyans to cushion ICC against its detractors and barons of impunity who have resisted accountability since independence.
 Mr Njonjo Mue of the International Centre for Transitional Justice (ICTJ) says it remains to be seen how President Kibaki and the PM will handle the indictments. They cast doubts on their commitment to ICC by inviting indicted Sudan President Hassan El Bashir to the promulgation of the Constitution on August 27.
So what exactly awaits Kenyans on Moreno-Ocampo list?
Legal scholar and ICC process expert, Kindiki Kithure, explains the Chief Prosecutor and ICC judges have several options, besides warrants of arrests that have been subjects of debate.
"If Ocampo applies and secures open warrants, then the Kenya Government and other States that are signatories to the ICC are obliged to arrest and transfer the suspects to The Hague," says Prof Kithure, who is also Ruto’s lawyer.
Alternatively, he says, Ocampo could apply for closed or sealed warrants, in which case the names and charges are not made public, until the suspects are arrested and flown to The Hague for prosecution. The third option is for Ocampo to apply for summons asking the suspects to present themselves in court.

2 comments:

  1. ruto should be on the list after everything he has done. let him suffer for his deeds..

    ReplyDelete