Confusion hits ODM plan to defend Ocampo Six

By AUGUSTINE ODUORConfusion reigned in the Orange Democratic Movement on Thursday over plans to have the party hire lawyers to represent three of its members during their appearance at the The Hague next month.
While a group led by the party’s Parliamentary Group Secretary Ababu Namwamba said they have identified lawyers to represent William Ruto, Henry Kosgey and Kass FM presenter Joshua Sang, a statement said to be from ODM Secretary General Prof Anyang Nyong’o contradicted this, saying it was not the party’s position.
The group led by Namwamba said it would sponsor a Bill in Parliament next week to set up a credible local tribunal to try the ‘Ocampo Six’ if the International Criminal Court (ICC) formally charges them. Members of Parliament on Thursday said the party has already identified legal experts who will accompany and defend the three ODM members summoned at the International Criminal Court (ICC).
But the party did not disclose how many legal experts they have identified and their names.
"We have identified them and do not worry. Very soon you will see them when they accompany them to The Hague," said ODM’s Parliamentary Group secretary Ababu Namwamba.
The latest development comes a day after Prime Minister Raila Odinga said ODM would only support a local trial for the six if judicial reforms and credible investigations were carried out.
Raila said the trials could only be referred to local courts if either America’s Federal Bureau of Investigation (FBI) or Britain’s Scotland Yard carries out investigations.
On Thursday, Namwamba said the lawyers will travel with the three of the ‘Ocampo Six’ who belong to ODM —William Ruto, Joshua arap Sang and Henry Kosgey — to the Hague, guide them and defend them in interest of the party.
"There has been insinuation to the effect that they participated in the post poll violence. And because they are members of our party we are affected and we must support them," he said.
Namwamba said ODM’s rejection of a local tribunal subject to a credible judicial system being in place was consistent with the party position for the past three years. He added: "We have agreed that to protect the sovereignty of the country we will have experts to investigate the post poll suspects and also the ‘Ocampo Six’."
"Whether it is at a court in Kibera or at The Hague every suspect has a right to a fair trial and justice," said Namwamba.
He said the decision by the party to send lawyers to The Hague was made at the National Executive Committee and Parliamentary Group meeting on Tuesday.
They, however, declined to name the lawyers, saying only that they would accompany the three and support them.
Shifted goal posts

ODM leaders led by Budalangi MP Ababu Namwamba (right) and Defence Assistant Minister Joseph Nkaissery address a press conference at Parliament Buildings, Nairobi, on Thursday. [PHOTO: BONIFACE KENDO/STANDARD]

"The party will hire legal experts to hold brief for our members and the team of lawyers will then accompany them to the ICC," said Gen Nkaissery.
Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio talk show presenter Joshua Sang were unavailable for comment.
Ruto and Kosgey already have a team of lawyers led by Kindiki Kithure, Katwa Kigen for the former and Julius Kemboi representing the latter.
Sang has, however, asked for assistance from well-wishers to help him get money to hire lawyers and pay for their accommodation in Amsterdam. Ruto’s team of lawyers accompanied him to the ICC last year for a meeting with Moreno-Ocampo’s team.
Relations between Kosgey and Raila have deteriorated to the lowest level after Moreno-Ocampo accused them of being behind for the violence that claimed 1,133 people and displaced an estimated 650,000 from their homes. ODM has repeatedly complained that the Kibaki side of the Grand Coalition PNU was fighting to shield the ‘Ocampo Six’ from prosecution by attempting to have the ICC defer the case for a year.
"The shuttle diplomacy where the Vice President has been lobbying characters, some of who are candidates of international investigations has the brought the country ridicule and odium," said Namwamba.
Namwamba rubbished reports the party had suddenly shifted goal posts by pushing for the setting up of a local tribunal to try the ‘Ocampo Six’.
"Nothing has changed. What we are doing now is to bring to rest empty talks without action. What the party has always stood for is that the wheels of justice must continue to roll, as opposed to deferral championed by PNU," he said.
He accused the rival party off playing politics with the setting up of the local tribunal through empty rhetoric but no action.
"If PNU was serious enough with pushing for a local tribunal then they should have done what we want to do next week a long time ago. But they have only continued to talk with less action," he said.
He said ODM would not support a local mechanism that can easily be compromised to deny post election victims justice. Also present at the press briefing were MPs Franklin Bett, Margaret Kamar, Nkaisery, and Shebesh.
DeferralODM wrote to the UN Security Council two weeks ago, urging it to reject Kenya’s request for the postponement of cases facing the Ocampo Six at The Hague.
In the letter, the party’s Secretary-General Anyang’ Nyong’o claimed that President Kibaki (as well as PNU) are "unable and unwilling" to punish those who committed crimes during the last election.
The party advanced 16 reasons why the deferral should not be granted; with top among them the claim that the suspects who have been summoned to The Hague on April 7 masterminded the campaign for deferral. Nyong’o also insisted that Kenya does not have competent courts or investigators to deal with crimes committed during the post-election chaos.
However, suspended Higher Education Minister William Ruto dismissed the letter written by ODM to UN Security Council saying party members were not consulted.
"To the best of my knowledge, this is a decision of Prof Nyong’o and Raila (Prime Minister Raila Odinga) and their henchmen. They did not seek our views or concurrence on this matter," he said.
The Government has turned to two British lawyers associated with the case against Sudan’s President Omar al-Bashir at the ICC in a last-ditch attempt to end the case against the Ocampo Six.
Sir Geoffrey Nice, a Queen’s Counsel, and Rodney Dixon arrived in the country and held their first meeting with Attorney-General Amos Wako on Friday, sources at the AG’s chambers said.
The two British lawyers are expected to help the Government put up a strong case challenging the application by Moreno-Ocampo to have the six indicted for crimes against humanity. "I want to handle this professionally, and I want an opinion from people who have practiced before the ICC. I want an informed opinion," said Wako.