ICC suspect seeks to address court in vernacular

By Judy Ogutu
Radio journalist Joseph Kirwa arap Sang wants to address the ICC in Kalenjin.
He has made the request in an application he filed at the ICC on February 9. Sang argues the charges proposed by the ICC Chief Prosecutor Luis Moreno-Ocampo against him were based on words allegedly uttered in Kalenjin.
"The applicant seeks to address the court in Kalenjin dialect in all matters where he is addressed directly or otherwise in his testimony, except in matters presented to the court on his behalf by his chosen counsel," he states in the application.
Sang was named alongside Maj-Gen Hussein Ali (former Police Commissioner), Deputy Prime Minister Uhuru Kenyatta, suspended Cabinet ministers William Ruto and Henry Kosgey and the Head of Civil Service Francis Muthaura as individuals allegedly bearing the greatest responsibility for crimes against humanity committed during the post-election violence of 2007/08.
‘Investigation flawed’
Sang further wants Moreno-Ocampo to be disqualified from handling the Kenyan case.
Through his advocates Katwa Kigen and Joel Kimutai, Sang claims Moreno-Ocampo is acting out of ulterior motives "that are unrelated to the cause of justice".
Further, he alleges the prosecutor is incompetent and disinterested in competently investigating the Kenyan situation and "case with any desire for justice or without any objectivity".
Also sought for by the Kass FM journalist is an order blocking the issuance of summons or warrants of arrest in respect to him before the issues he is raising have been taken into account.
The journalist further wants the ICC to order that no summons or warrants of arrest may be issued against him until the office of the prosecutor has demonstrated that it has investigated exonerating evidence.
He claims Moreno-Ocampo has deliberately failed to carry out genuine investigations or exonerating evidence and circumstances in regard to him.
According to him, the prosecutor has also denied him opportunity to offer exonerating evidence by failing to inform him prior to the public pronouncement that there were grounds to believe he has committed crimes within the court’s jurisdiction.
Coached witnesses
This, he argues, is a breach to the rules of natural justice. In addition, he says Moreno-Ocampo’s investigations are not independent.
"The prosecutor did not investigate the revelations that witnesses were compromised, induced and coached to implicate the persons he named in his application," he claims.