Tuesday, March 15, 2011

ICC: Ocampo says Muthaura must leave by April 7

By David Ochami and Peter OpiyoA new battlefront is opening up between Kenya and the International Criminal Court following demands by Prosecutor Luis Moreno-Ocampo that Mr Francis Muthaura step aside from office immediately.
Mr Ocampo also says his evidence reveals "shoot-to-kill" orders were in place during Kenya’s post-election violence. In his evidence, Ocampo will argue both Muthaura and Deputy Prime Minister Uhuru Kenyatta met, organised and got Mungiki sect members deployed to Rift Valley for reprisal killings.
Yesterday Ocampo declared he also wants to ensure Uhuru, who doubles up as Finance minister, has no influence over local processes relating to the ICC.
He threatened the six suspects with detention if they interfere with his witnesses or subvert investigations when ICC investigators come to seek witness testimony in Kenya.
Chief Prosecutor Luis Moreno-Ocampo addresses journalists at a Nairobi hotel Monday during a live teleconference from The Hague between him and local journalists on the summonses of the six suspects of the post-election violence. [PHOTO: COLLINS KWEYU/STANDARD]

The abrasive lawyer, who shot to fame after trying the Argentine military junta in his country, also boasted he has got more witnesses and evidence to support his two separate cases against the six Kenyans. Ocampo insisted the Head of Civil Service has to let go of his office because it allows him undue influence over witnesses and police — given that he chairs the National Security Advisory Committee.
Speaking on a teleconference with journalists, Ocampo, who has vowed he would make Kenya an example to the world on impunity, said he wants to present his new evidence on April 7 when six individuals appear at The Hague. He also announced he would file appeals against some of the findings of the two judges who agreed to issue summons for the ‘Ocampo six’.
Ocampo, who could easily ask for a warrant of arrest against Muthaura if he deems it necessary at this stage, gave him three weeks to quit — the deadline being April 7 when he is expected to show up at The Hague to be read to his Miranda Rights and the crimes against humanity charges facing him. He, however, seemed to suggest to the President, whom he announced he would write to this week, to move Muthaura to a position where he would not be in direct contact either with witnesses or police.
The conditions given by the Judges to Muthaura, as well as the other five suspects are clear they should "have no contact directly or indirectly, with any person who is or is believed to be a victim or a witness," and must "refrain from corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, or tampering with or interfering with the Prosecution’s collection of evidence."
No control over police
"I shall ensure that Muthaura has no connection with the police. We will send a letter to the Kenya government on this... Before we take testimonies in Kenya we should be sure Muthaura is not in charge of the police. If he remains in charge (of anything) he should (at least) not be in charge of police," he declared.
But signs President Kibaki would not easily let go his right-hand man in Government, a man often seen in diplomatic circles as Kenya’s "shadow-President" or "the enforcer", emerged when the Government Spokesman maintained Muthaura won’t leave office. Dr Alfred Mutua, who takes his orders directly from the President or through Muthaura, who is his immediate boss, accused ICC of belittling Kenya by communicating the prosecutor’s desire that the Civil Service chief step aside, through the media.
"We want to be sure that should Mr Muthaura remain in power, he has no power over the police service," Ocampo said. He disclosed he would gather new evidence from Kenya, subject to the condition Muthaura and Uhuru were not in control of the police and the Witness Protection Programme.
While one judge totally rejected Ocampo’s case, the other two who agreed to issue summons also rejected some of the accusations made by the prosecutor. In the videoconference with Kenyan journalists, Ocampo enumerated his plan of action including his intention to meet Kenyan tribal elders to "explain to them the ICC process".
"The Government finds it strange and un-procedural that it would get communication first through the media. The Government wishes to inform the world that we understand, appreciate and respect the Rome Statute, the Rights enshrined by the United Nations and the ICC process," declared Mutua in his official website.
Status quo prevails
"It is important to note that individuals summoned by the ICC have not yet been charged, and are not guilty until the Court finds them guilty after the hearings of any charges are brought against them,’’ said Mutua in a bid to justify Muthaura’s continued service to Government and the President, whose Cabinet he is the Secretary, in his present capacity.
Mutua was explicit: "In the meantime, the status quo prevails, as the Government awaits to receive the letter alluded to by ICC Prosecutor Moreno-Ocampo. Thereafter, the Government will state its position."
For emphasis he put the words ‘status quo’, which means ‘current state of affairs’, in capital letters.
As the head of National Security Advisory Committee, Muthaura’s role includes monitoring and advising the Cabinet Security Committee and the President, constantly reviewing threats to security, designing and preparing a national security plan, and contingency strategy.
Not protecting his interests
"Before we disclose to the Kenyan Police about witnesses in Kenya, we should be sure Mr Muthaura is not on top of the police. We want to be sure the police will not be protecting his interests,’’ added Ocampo.
His demands came a day after Orange Democratic Movement, which is led by Prime Minister Raila Odinga, wrote to the United Nations Security Council — which Kibaki’s side has been lobbying to secure deferral of Kenyan cases.
Curiously, Ocampo spoke a day after ODM in its letter wrote: "Because of the significant positions held in, and influence the suspects wield within Government, they are the ones spearheading the deferral request as a means of defeating the cause of justice. Ultimately, the six suspects the ICC has summoned intend to use the deferral, if granted, as the basis for perpetuating the culture of impunity in Kenya."
The other individuals facing cases at The Hague are: Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, Postmaster General Hussein Ali and Kass FM Radio presenter Joshua Arap Sang.
The Prosecutor announced he would file a fresh case against the former Police Commissioner over alleged shoot-to-kill orders issued against civilians in Kisumu, Kibera and other urban slums. The ICC judges had rejected the charge. This move appears a blow to Ali who seemed to have escaped with a lighter charge last week over security killings.
The Prosecutor declared ICC would not be deterred by political campaigns and shuttle diplomacy targeted at deferring the cases arguing they had no impact on the ongoing process.
He revealed he was confident of convincing the judges during the confirmation hearings that begin after April 7 that the six have cases to answer.
In his first application to the judges, Ocampo had requested the judges to order the suspects not to interact but the request was declined. If this order were issued, it would effectively have made Muthaura incapable of functioning since he would have been blocked from meeting Uhuru who is Finance minister.

3 comments:

  1. Finally somebody has talked sense to the government of Kenya.In fact all the three suspects in govt should resign even without being told.What happened to the new constitution or is it there to protect some few members of the 'animal farm'?.any state officer to whom charges have been raised should step aside to enable uninterrupted investigations to take place.It is so ridiculous that the govt wants to form a local tribunal to raise charges against itself,Kibaki should suck them to show the world that he will indeed be able to carry out justice locally.but prior to that i don't think he will be able to do it here at home let ICC do its job.God has truly sent someone to save Kenya from the cruel hands of impunity. LONG LIVE OCAMPO LONG LIVE ICC!!!

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  2. muthaura and kenyatta are clean as white snow let okampo do his biased ............

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