Ocampo 6

By Online Team

Uhuru Kenyatta, William Ruto, Francis Muthaura, Hussein Ali, Henry Kosgey and  Joshua Sang are headed to the Hague. The six have been named today by ICC Chief prosecutor, Luis Moreno-Ocampo.

To set the tone for the big announcement , Moreno-Ocampo on Tuesday not only released a statement bringing forward his announcement, initially set for 5pm East African time, by three hours, but also imposed five conditions those to be named must respect.

The prosecutor also said he would want them to declare they would "surrender voluntarily".

Locked up

The stringent conditions are the tickets for freedom the suspects would enjoy, but if they breach them then ICC’s response would be to arrest and have them locked up in its detention facility.

Beside the summonses, which Moreno-Ocampo will be seeking against them, a breach of either or all of the conditions will be met with warrants or arrest.

The conditions, which he wants enforced by the courts to the letter, demand that the suspects must:

• Frequently update ICC on all their personal contact details and whereabouts;

• Not make any personal contact with any of the other suspects, unless through their legal counsel to prepare their defense;

• Not approach any perceived victims or witnesses of crimes;

• Not attempt to influence or interfere with witness testimony;

• Not to tamper with evidence or hinder the investigation; and

• Not to commit new crimes.

International Criminal Court Prosecutor Luis Mereno-Ocampo will file two applications for summons today in connection with Kenya’s post-election violence. At left is his deputy Fatou Bensouda. [PHOTO: COURTESY/STANDARD]

Possibly as a mark of his seriousness, as well as sign of the magnitude of the crimes facing the six Kenyans, Moreno-Ocampo said: "In addition, they must respond to all requests by ICC judges; they must attend all hearings when required, and post bond if the judges so instruct them. These conditions are strict. They are in accordance with the Rome Statute and ICC rules."

He added: "Let me be clear. If the suspects do not comply with the conditions set by the Chamber, I will request arrest warrants. If there is any indication of bribes, intimidation or threats, I will request arrest warrants. I expect the suspects to indicate to the Chamber shortly their intention to surrender voluntarily."

Most responsible

He maintained those against whom he will be seeking summonses "are the most responsible for post-election violence."

Coming hours after Cabinet’s belated attempt to set up a local judicial trial mechanism for post-election suspects, whose failure opened Kenya’s door to the ICC in the first place, this would now set the stage for Kenya’s trickiest moment yet.

First, that which Moreno-Ocampo’s office styled as, "important announcement concerning the investigation in the Kenya situation" will keep Kenyans riveted on the proceedings of Pre-Trial Chamber II.

The Chamber may grant or reject Moreno-Ocampo’s submission for the prosecution of the suspects named in two separate cases.

But even more pressing will be the burden it will thrust on President Kibaki and Prime Minister Raila Odinga to hand over the VIP suspects.

They will also also grapple with the fact that for the duration of the hearing, those in Cabinet and holding other public offices, no matter how close to them, will have to step aside.

Hours to what could be remembered as Kenya’s date with destiny, which could send the careers of some Cabinet members, serving and former top public servants and security chiefs tumbling, Kenyans mulled over the possible ramification of what is coming.

At the heart of the storm is the controversy around President Kibaki’s second term, the cross-party approach taken by ICC, which spreads culpability for the violence across both wings of the Grand Coalition, and the possible implication it may have on the Kibaki Succession in 2012.

From State House, Parliament, Government, and Private sector boardrooms, to the homes of ordinary Kenyans and those in Diaspora, as well as the international arena, eyes will be on the Moreno-Ocampo disclosure. KTN will relay the announcement live.

Kenyans would also be watching how the Government, which on Monday agreed to form a local tribunal in reaction to the impending ICC cases, would react to the announcement.

Political careers could be wrecked by the announcement that Moreno-Ocampo would make today, but this depends on whether he goes ahead to name the suspects or waits for the judges to confirm his case.

Today, Kenyan leaders especially MPs, could be left ruing the day they shot down the Bill seeking to establish a local special tribunal.

Others claimed The Hague was the better options as it could take years to begin, leave alone conclude its hearings.

But apart from human rights groups and civil societies who have been seeking justice for the victims, those who were either displaced, dispossessed, or bereaved during the violence will also be looking out to see if their tormentors would finally face justice.

Source of evidence

Supporters and families of those on Moreno-Ocampo’s list will also be watching to see if they would get a fair hearing, and the source of evidence against them.

The road to The Hague has been long and many times tested the patience of Kenyans; especially as the debate was rocked by political overtones and threats of instability should ICC act.

It started on July 9, 2008, when former United Nations Secretary General, Kofi Annan, who mediated Kenya’s peace process, handed over an envelope to Moreno-Ocampo containing the names of suspects.

The envelope came from Justice Phillip Waki’s Commission, which investigated post-election violence.

The Waki Commission proposed a special tribunal to try persons bearing the greatest responsibility for crimes against humanity committed during the violence.

Local process

It was against this backdrop that the push for a local judicial process began with Kibaki and Raila signing an agreement to start the process.

On Monday ten MPs, allied to Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto, claimed the ICC process "has been politically manipulated", and that it would not "ensure justice to the victims".

Led by Ndaragwa MP Jeremiah Kioni, the MPs said they would sponsor a Motion in Parliament "to discuss the ICC process", and also explore the possibility of resuscitating a Bill that sought to establish a special local tribunal to try the suspects.

Then on Monday also, President Kibaki called a crisis Cabinet meeting that resolved to form a local tribunal to try post-election violence.

Though it was not stated in the statement from the Presidential Press Service, analysts believe the move is expected to influence the ICC case.