Which way Kenya over Ocampo Six?

By BEAUTTAH OMANGA
Senior writer
Kenya’s attention has revolved around the International Criminal Court’s forthcoming case against the Ocampo Six.
ICC Chief Prosecutor Luis Moreno-Ocampo named the six key suspects linked to the 2008 post-election violence, a move that has left even the Cabinet divided on whether to foot legal fees for the group or not.
Although in its official dispatch, the PPS never mentioned anything regarding the Cabinet’s review of the ICC process, it has now emerged ministers clashed on the legal fees issue.
Intense pressurePresident Kibaki and Premier Raila Odinga are likely to find themselves once again under intense pressure from Parliament this week, following a declaration by MPs they would table a Bill seeking to pull Kenya out of ICC.
At that meeting Cabinet Minister Dalmas Otieno was informed why he had been nominated to present the Government’s reservations against the ICC to two West African countries.
Sources said the Public Services minister was angry for being assigned duties without first being consulted. Dalmas had been tasked to move to Nigeria and Ghana to lobby the countries to push for Kenya’s withdrawal from ICC.
It is also emerging the PNU wing of the coalition is keener on the withdrawal, while the ODM side seems undecided.
Vice-President Kalonzo Musyoka has taken the message to presidents in South Africa and Uganda.
The VP looks forward to rescue his political comrades Uhuru Kenyatta and William Ruto from facing prosecution at The Hague.
Pundits argue it is also to his advantage were the African Union to convince the UN Security Council to let all cases be handled locally.
The VP is believed to be working on a formula to have him, Uhuru, Ruto and youthful presidential hopeful Eugene Wamalwa team up against Raila.
"If the cases are brought back, the ODM wing which has not made any strong statement to push for the same, will be on the receiving end from supporters of the Hague-bound suspects’ said an MP who wished not to be named. While President Kibaki has remained silent on what should be done, statements by his associates point to where his mind is.
"President Kibaki is in affix as he might not want to see a son of a founding President arraigned in a foreign country for offences allegedly committed locally. As he retires he will not also want to leave the Meru community hurting because of Muthaura’s predicament. He has to do what it takes to get the six tried locally," said political analyst John Nderitu.
Speaking at an international forum attended by NGO representatives, two foreign ICC issues experts Steve Morris and Henry Hoile ignited more fire among Kenyans opposed to The Hague process, saying they should not expect any fair treatment of her citizens at the ICC.
No discrimination"The ICC has its own agenda and it is clear it wants to use the Kenyans to endear themselves to other countries that have been doubting its competency," said Mr Morris. Another speaker even questioned the credibility of the court’s membership.
Lawyer Kibe Mungai joined MPs Isaac Ruto, Charles Keter, Zakayo Cheruiyot and Adan Duale in accusing Justice Philip waki of committing treason by recommending that Kenyans be tried outside the country.
"The Government must stand by all the six and not discriminate. All the six are innocent and for the sake of reconciliation, all their legal fees should be footed by the Government," urged Mr Hoille.
Criminal offencesBut lawyers Priscilla Nyokabi and Harun Ndubi have laughed off any attempts to use public resources to pay legal fees for the suspects. Ms Nyokabi, the director of Kituo Cha Sheria, said the six should only be assisted through harambees if need be but not taxpayers’ money.
"The six are suspected to have committed criminal offences even if some were still in Government offices. The kind of cases for which the Government would have stepped in to support them is not the same as those they are facing at the ICC," she argued.
Also dismissing the scheme to use public funds to bail out the suspects, Justice Minister Mutula Kilonzo argued the six should instead write to the ICC requesting for financial assistance.
"The ICC has a vote for poor suspects and that kitty is there for all suspects, including the Kenya six," he said.
He said the Government would be sending wrong signals to the ICC were it to use State funds to support the suspects adding, "that will be interpreted to mean were the Government given chance, will not fully co-operate with the ICC and would rather have the case dropped."
He said the country could have the six tried locally on condition that real reforms are urgently effected in the judicial system.
The ICC has written to former Industrialisation Minister Henry Kosgey seeking his personal exonerating evidence.
The ICC saga has also ignited some activities on the local political front with reports that Ruto and Kosgey consulted in the presence of 20 MPs on the Kalenjin’s future.
"We have resolved to seek solutions for our brothers facing The Hague. We have abandoned our different political inclinations to deal with Ocampo first," said Cherangany MP Joshua Kuttuny.