Hague: Judges say Ocampo Six must face trial

By Peter Okong’oKenya's political map changed overnight after the International Criminal Court issued summonses against six Kenyans suspected to bear the greatest responsibility for the 2007-2008 post-election violence.
ICC confirmed to the world last evening that the judges issued the summonses to appear against the Kenyans, reports that were initially circulated by Reuters quoting the respected Human Rights Watch.
The suspects must now appear in person before the ICC Pre-Trial Chamber II judges at The Hague, on April 7, failure to which the court would issue international warrants of arrest to secure their co-operation.
Ruto, Kosgey, and Sang will appear at 09.30hrs while Uhuru, Muthaura and Ali will make their entrance at 14.30hrs.
The summons effectively render futile, and waste of taxpayers’ money, the globe-trotting mission of Vice- President, Kalonzo Musyoka, and his retinue of ministers allied to Kibaki’s Party of National Unity.
The world will now wait to see if Kibaki will retain Deputy Prime Minister Uhuru Kenyatta, Head of the Civil Service and Secretary to the Cabinet Francis Muthaura in Government, as they are now international suspects facing serious charges of crimes against humanity.
Send signal
Retaining them in Government will send a signal to the ICC and the world that Kenya is not ready to co-operate and is a hostile State, putting it at par with Sudan, which has refused to hand over President Al-Bashir who is charged with crimes against humanity over Darfur.
The other Kenyan suspects are Eldoret North MP, William Ruto, Tinderet MP Henry Kosgey — who resigned his ministerial post following another charge in a local court. Moreno-Ocampo named the suspects, including Postmaster General and former Police Commissioner, Hussein Ali, and radio journalist, Joshua Sang.
Uhuru and Ruto who had already launched a political alliance to run for president in next year’s elections will now have to put their ambitions on hold.
Right from the moment ICC chief prosecutor Luis Moreno-Ocampo announced the names, he became the subject of hate and ridicule by the Kibaki side of the Grand Coalition Government, with the Head of State leading efforts to have the two cases against the six Kenyans deferred for a year. This was done despite the counsel of experienced lawyers, including Justice Minister Mutula Kilonzo that it was ill advised.
But Moreno-Ocampo remained optimistic the judges would grant his request, and insisted trials were the only way to a peaceful transition in Kenya, next year, when Kibaki retires. Ruto, Kosgey and Sang are accused of being among the principal planners and organisers of crimes against PNU supporters.

The Ocampo Six

Muthaura and Ali are accused of authorising police to facilitate attacks on, and use excessive force against ODM supporters. Uhuru is said to have mobilised the criminal organisation known as Mungiki to attack ODM supporters.
The Chamber says that "from on or about December 27, 2007, to 29 February 2008, Muthaura, Kenyatta [Uhuru] and Ali, as co-perpetrators "committed or contributed to the commission" of crimes against humanity against civilians supporting ODM in Nakuru and Naivasha towns in violation of Articles 7(l)(d) and 25(3)(a) or (d) of the Rome Statute.
Retaliatory attacks
The Chamber says Muthaura, Kenyatta and members of the Mungiki held a series of meetings between mid-November 2007 and January 2008 to plan retaliatory attacks in the Rift Valley "with the purpose of keeping the PNU in power, in exchange for an end to government repression and protection of the Mungiki’s interests".
While the Chamber ruled that there was insufficient evidence that Ali "participated in the common plan" or "that he agreed with the other members of the plan, sharing the same intent, to commit the crimes against humanity", it says there are reasonable grounds to believe he contributed to the commission of the crimes.
The Chamber ruled that there are reasonable grounds to believe that indeed Kenyatta organised and facilitated, on several occasions, meetings between powerful pro-PNU figures and representatives of the Mungiki; supervised the preparation and co-ordination of the Mungiki in advance of the attack; and contributed money for the retaliatory attack perpetrated by the Mungiki in the Rift Valley.
It says Kenyatta was essential to the plan’s success because of his control over the Mungiki who committed the crimes with "almost automatic compliance" to his orders.
With respect to Muthaura, the material presented indicates that he personally led and co-ordinated the organisation of a number of meetings between prominent PNU members and Mungiki, and that on at least one occasion, "directly paid a significant sum of money to Mungiki representatives at the conclusion of one of the planning meetings held in November 2007".
Ali is said to have used his position as Commissioner of Police to direct the force not to obstruct the Mungiki from committing crimes against humanity.
"There are thus reasonable grounds to believe that the contribution made by Ali to the commission of the alleged crimes was intentional," says the Chamber.
However, the Chamber cast doubts on whether Ali and Sang were involved in the actual planning.
Purposes
Regarding Kosgey, and Ruto the Chamber says their network was led by Ruto with Kosgey as his deputy, and treasurer and Sang as responsible for communicative purposes.
It says the network had a "hierarchical structure" of "three commanders and four divisional commanders, who were responsible for operations on the field.
Subordinate to the commanders, were other individuals who were tasked with more specific functions, such as the identification of targets and storage of weapons."
The Chamber notes that Ruto and Kosgey are criminally responsible for the crimes against humanity of: murder, forcible transfer of population and persecution."
The Chamber says Sang is a principal perpetrator because in his role as a broadcaster for Kass FM radio station, "he had the power to frustrate the commission of the crimes, by not fulfilling his task".
Sang, says the Chamber placed Kass FM at the disposal of the organisation, advertised the organisation’s meetings, fanned violence "by spreading hate messages and explicitly revealing a desire to expel the Kikuyus"; and broadcasted false news on alleged murders of Kalenjin people to inflame the atmosphere.