Second Day at Den Haag (Wednesday, April 6th, 2011)

Last evening was relatively quiet. I spent it mostly with Mr. Salim Lone, an advisor to the Prime Minister of the Republic Kenya, with whom I am attending the ICC proceedings on behalf of the more than half a million Kenyan victims.

The day rolled on uneventfully until about 7:30 p.m. when we went for dinner. As we crossed the street to the restaurant, Jeremiah Kioni, Issac Ruto, Peter Munya, Jamlek Kamau and a few Ocampo Six Groupies emerged and confronted us.

They didn’t bother to greet us though we tried the normal bon homie. Isaac Ruto and Peter Munya accused Salim of using his UN contacts to fix the Ocampo six. They attacked me for pushing for their two heroes to be jailed at Den Haag. Although we politely protested and reminded them that we had campaigned for a local tribunal while they demanded that the cases be taken to Den Haag; they didn’t budge.

It was a relief when the mob eventually left us. But hardly had we sat down and ordered our meals did the group arrive. They again stood over us and yelled at us; accusing both of us of not recognizing Kenya’s sovereignty. They loudly wondered why I had traveled all the way to The Hague. I reminded Isaac Ruto that we are both free to travel and attend the Court session just like him.

Eventually, they left us alone. We later retired for the night.

Third day at Den Haag (Thursday April 7th, 2011)

We woke up at 6 a.m. and took a taxi to the ICC. On arrival, we met more than 30 MPs and other supporters of the Ocampo Six. Apart from the furtive glances and hushed tones; the group glared at us with palpable hostility. Even when we tried to greet them, they either walked away or turned away.

Soon, we were in the public gallery. Apart from the two of us and some Kenyans living or studying in The Netherlands, virtually everybody in that room was a supporter of the Ocampo Six. And virtually all of them glared at us.

Not even the AG, the Deputy Director of Prosecutions, the Solicitor General, Kenya’s Ambassador to Holland, the Minister for Public Health, Beth Mugo, my counterpart Prof Kivutha Kibwana, and other senior government officials pretended to be friendly. All these people literally refused to acknowledge our presence or to return our greetings.

They were speaking boisterously about the ICC being a kangaroo court.

During the court session, it was very clear that William Ruto was crumbling. He couldn’t stay still. He couldn’t focus. His eyes were shifty. His voice was quivering. He couldn’t answer simple and straight forward questions by the presiding judge. He kept trying to make political speeches.

The Judge kept restraining him and forcing him to answer questions. I could understand Joshua Sang’s problem. Sang probably has never been in such a court before. It is possible that this was his first travel abroad. Given his limited knowledge and experience, Sang’s excitement was forgivable.

But not Ruto; Ruto has been a cabinet minister for more than three years. He is widely traveled. He is also “wealthy”. His education isn’t modest. So, for Ruto to have reduced himself to an intellectual adolescent requiring persistent guidance by the Presiding Judge was an indication that the man is falling apart.

It was significant that the Presiding Judge started by reminding the accused of the need to refrain from threatening witnesses or interfering with witnesses – directly or indirectly – including through public rallies. She specifically stated that the Chamber has been reading incendiary language that some of the accused have been using at political rallies in Kenya.

After a few minutes, the charges were read out by a Court Officer – murder, mass forceful displacement of civilian populations, torture and other inhumane acts. I could see that reality was slowly sinking in. When the charges were being read out by the Court Officer, Ruto tried his usual political theatre of “I’m an innocent man being framed…this is like a movie show” before the presiding judge sternly stated:

“Mr. Ruto, please sit down!” And the political urchin sat, with his head down but contorted. The anger was still visible. Ruto’s tiny friend, Joshua Sang, also tried to play his “innocent professional journalist song” after his master had been ordered to shut up.

Overall, Henry Kosgey came out more mature: he listened keenly and answered the questions posed directly. Ruto and Sang, on the other hand, appeared evasive and uncontrollably angry.

And as Ruto and the other two suspects stepped out of the courtroom, the international and local press mobbed him with questions. It was tense. Ruto fielded a few questions, continued to call the ICC Prosecutor names and the judicial process kangaroo.

Then something quite dramatic happened. An NTV reporter shot a question at Ruto. He swerved around and nearly knocked down the reporter, glaring. “Go ask that question to Miguna;” he shouted as he walked away, seething with rage.

During lunch, I was sitting alone, reading and eating (Salim had gone to the media centre), when suddenly a man approached me from behind and started yelling, pointing at me and threatening me; accusing me of being responsible for Ruto’s woes within ODM and at The Hague.

The man – Mbuta – is a well-known Ruto goon. I kept eating and reading; trying to ignore him. He kept yelling profanities and warning that I will see. This went on for more than 20 minutes before Kiema Kilonzo came and took the man away.

I finished lunch and left the Uhuruto swarming team still steaming from something unknown to me.

There is clearly too much anger and hatred from this bunch. What I am wondering is if this group believes that they are so powerful and invincible; why are they behaving so desperately? If the cases facing them are so weak; why not face the court and have them dismissed? If they think the proceedings are a movie; why don’t they watch and relax?

Fourth Day at Den Haag (Friday, April 8th, 2011)

We woke up late and headed to the ICC. There, I did a live interview with Citizen TV while Salim Lone did one with NTV. We both emphasized that the unfolding judicial process was about single individuals who are facing the most serious criminal charges in the world.

That the process marks the beginning of the end to impunity in Kenya; at long last, powerful and influential personalities were in the dock to answer allegations of serious crimes. I explained that the process is significant for justice for both the victims and the suspects. If convicted, the suspects would be held accountable for the crimes. However, if the charges are not confirmed or some or all the accused are acquitted, at least Kenyans would be relieved that it happened through a fair, transparent and impartial judicial process. Either way, the process was good for Kenya.

At 1.30 p.m., the gate to the public gallery was opened. Unlike the previous day, the Kenyan Ambassador to The Netherlands seemed to have requested the Court orderlies to process “her honoured visitors” first, though they (including the Ambassador), too only observed from the public gallery. Ruto and his gang were the first to enter, followed closely by Amos Wako, Tobiko, Muchemi and other escorts.

Salim and I managed to get in on our own and watched the same ritual as the day before. And like his political buddy, Uhuru also tried to put up a juvenile show of “I am, courtesy of the people of Gatundu South, a Member of Parliament; and courtesy of the ‘duly elected’ President of the Republicf of Kenya, Honourable Mwai Kibaki, a Deputy Prime Minister and Minister for Finance…” Luckily, Uhuru rushed through his song and escaped the “sit down” command from the Presiding judge. Hussein Ali and Francis Muthaura performed well on this day.

Soon, we were outside. The PNU/KKK gang headed to the Movie Pick Hotel as we took a train to Central Station and a taxi back to the hotel.

Fifth Day at Den Haag (Saturday, April 9th, 2011)

I woke up at 6 a.m., showered and headed to Amsterdam. The 11.30 a.m. KLM 0565 flight to Nairobi was on time. Beside me were Francis Muthaura and his wife. I greeted him and we both took our respective seats in silence.

The ever opportunistic Mr. Najib Balala (does anyone still remember The Lesotho Declaration?) has demanded that both Raila Odinga and Mwai Kibaki should be charged at Den Haag. He is, of course, free to present evidence to the ICC Prosecutor so that those allegations can be investigated. However, as long as those demands are only made for parochial political convenience, the Prosecutor will continue to ignore them.

The judicial process at Den Haag isn’t political. Moreno-Ocampo has said that often. It is a judicial process. Let’s encourage those with credible evidence to tender it in the normal course. Even the suspects are free to implicate anybody. They are equally free to summon Raila and Kibaki as witnesses, with a caveat: unless one is your alibi or witness; you risk calling witnesses who will deny everything and worsen your predicament.

If I were Ruto and Uhuru, I would listen to the advice by Justice Ekaterina Trendafilova: Relax and let your professional lawyers handle your cases. You are, of course, free to fire the lawyers and act for yourself, at the risk that you will be jumping from the witness box to the counsel table during cross-examination.

The PNU/KKK mob tried to put up a show. Like adolescents, they wore caps made of our national colours. They sang the national anthem and prattled around in fake patriotism as if murder, mass rape, forcible displacement of civilian populations, torture and other degrading and inhumane acts constitute our national values.

We must remain firm and remind those jokers that the six suspects face serious charges as individuals; that they aren’t more Kenyan than the victims. That it is callous and irresponsible for them to hold their fake dirges on the tombs of the victims.

Finally, as Uhuru Kenyatta and William Ruto thunder and boast of their immense wealth, power and influence; let us all remember the hundreds of thousands of victims who cannot hold rallies. Let us remember that the justice system is for everyone – victims and the suspects alike.

Whereas the process might look like a movie to Ruto; Kenyans know that more than 1,500 innocent civilians were butchered; more than 600,000 others were forcibly displaced; tens of thousands were raped and some infected with HIV; tens of thousands were tortured and brutalized. We must not forget them. Let’s not allow the Ocampo Two to turn their self-inflicted misfortune into a national tragedy. Let’s not allow them to victimize those who died, were raped, tortured and displaced twice.

I sign off with tears (for the victims and the country) in my eyes!

Miguna is the PM’s advisor on Coalition Affairs. The views expressed here are his own.

 

EARLIER POST

Escorting the Ocampo Six with Pomp and Ceremony

By Miguna Miguna, April 7th, 2011

I was at the Jomo Kenyatta International Airport check in counter for the Kenya Airways flight 0116 to The Hague at exactly 6:30 am on April 5th, 2011. This was in fulfillment of my solemn undertaking to readers two weeks that I would escort the Ocampo Six on their sojourn with pomp and ceremony.

Before boarding the 8 a.m. flight, I looked around but couldn’t see any of my “privileged” companions. However, upon entering the business class cabin, I saw Gen (rtd) Hussein Ali hunched over some papers. I tried to make eye contact, but the General seemed preoccupied with more important matters.

So, I made my way to my right front window seat. The General sat one row behind me to the extreme left. For thirty minutes after taking my seat, I kept glancing over to see if the General would spare me a fleeting greeting.

When I failed to get his attention, I gathered enough courage and went over his seat, extended my warn hand and said: “Good morning Commissioner! I’m here.” “I am also here;” he responded icily. “Well, I just wanted to say ‘good luck’,” I said as he smiled dryly. I lingered on briefly, think that he would say something but he retreated back to what looked like some legal briefs. I made my way back to my seat. The General kept his long and forlorn face glued onto his papers. I couldn’t blame him for worrying over what might await him at The Hague. After all, he was facing the worst crimes anybody could be charged with.

After we had been in the air for three hours, the General moved to the first seat in the front left row. The business cabin was only one third full. He continued either reading or looking outside through the window. At some point, he dozed off and I suddenly noticed the entry into the cabin of a young well built Somali looking man. He walked passed me and lingered on before taking a seat between the General and I. But he only sat for less than five minutes before returning to his seat at the back. Only then did I realize that the General was traveling with body guards.

The plane took off exactly at 8:15 a.m. And for the next eight hours between Nairobi and Amsterdam, the General either pored or peered on his papers or into the clouds through the window. On arrival at the Amsterdam Schiphol Airport, I realized that the General didn’t intend to alight with the other passengers. He sat there glumly as others rushed to leave.

Immediately outside the plane, there were more than fifteen heavily armed police and immigration officers. They were scrutinizing all passengers’ travel documents. I found that unnerving and quite unusual.

I have previously traveled through the Amsterdam Schiphol Airport for years on end but this was the only time I have seen such demonstration of “coercive force”. We went through the screening uneventfully walked to the immigration checkout counter. After another thorough screening, most disembarking passengers went to the baggage retrieval carousels. We pick our luggage and started leaving. There, I met two Kenyan lawyers who are working – behind the scenes on the ICC cases – for Uhuru Kenyatta. They were met outside by a white lady who immediately checked their “credentials” and whisked them away.

Outside, I met three Citizen TV journalists staking out General Hussein Ali. They had been at the airport for at least two hours. I stayed around with them for another hour but there were no signs of the General. It appeared that the General had been picked up from the plane by Kenya’s diplomatic representatives at The Hague. That’s the only way he could have avoided going through normal immigration and customs procedures. Needless to say, I got a ride from the Citizen TV reporters to The Hague. They were disappointed not to have had the usual clip of the General.

My first night at The Hague was quiet but chilly. Today, I was woken up by calls from Kenya, which I couldn’t answer. The roaming charges are outrageous. I texted informing them to either text me or use the hotel landline number. At 9 a.m. on Wednesday April 6th, I went for breakfast and met a bunch of Kenyan journalists covering the historic cases. Most had barely slept. They seemed to have spent most of last night zooming between Amsterdam and The Hague. Apparently, William Ruto, Henry Kosgey, Joshua Sang, the AG Amos Wako, the Deputy Director of Public Prosecutions Kiraoko Tobiko and many other Ocampo Six coteries arrived in different flights last night and early this morning.

Unlike the music, wailings and ululations at the JKIA; the scenes at Amsterdam were eerily silent. Those who had been running around the country issuing threats and chest-thumbing are now shells of themselves. They are drawn, cold and shaken. I understand Ruto arrived crest-fallen.

Fear was written all over his face. The “hero” has suddenly realized the enormity of that cases facing him and how inconsequential his bravado is to the ICC process. Their lawyers that arrived earlier have been running around breathlessly here, not knowing what to do, particularly after yesterday’s unanimous ruling by the Pre-Trial Chamber II. That ruling was merely a warning that the judges shall not entertain churlish comedy at the highest and most respected criminal court in the world. If Uhuru Kenyatta, William Ruto and Francis Muthaura thought that they could intimidate the Court - that ruling – denied them a chance to turn their first appearances into political theatre. Now they should know that their cases shall go on – their presidential ambitions notwithstanding.

Credible accounts confirm that more than 120 people – including Moses Kuria and Stanley Livondo and numerous from State House, Ministry of Foreign Affairs and State Law Office - have traveled to The Hague as members of the “state delegation”, their travel and related costs and expenses irregularly paid for by the public and facilitated by the Kenyan High Commission at The Hague.

It is unfortunate that public officers like the AG and Deputy Director of Public Prosecutions who are supposed to prosecute criminals on behalf of the people are now acting at the behest of those accused of committing crimes against humanity. Who will protect the victims of those crimes? Who will prosecute the Ocampo Six now that the AG and Deputy Director of Public Prosecutions have become the Ocampo Six’s Advocates?

Although I am a senior government employee; I wasn’t met by our embassy officials nor facilitated by them in any way whatsoever. Whereas Joshua arap Sang, Moses Kuria, Stanley Livondo and other PNU/KKK busy bodies were being chaperoned around in limousines at the public expense; I have been traveling by train and trump. The Ocampo Six and their “official” escorts have been booked in expensive five star hotels. I’m not complaining. However, it needs pointing out that what we are seeing is but a glimpse of the looting spree and mismanagement of public resources by the PNU/KKK faction within government. What exactly are they trying to prove to the ICC by bringing 120 rowdy youth to the Court? Is that a demonstration of how powerful and influential the Ocampo Three (Uhuru, Muthaura and Ruto) are?

The public must demand full accounting of the money being spent on six people accused of the worst crimes in the world whereas nothing significant has been spent on the real victims of the PEV.

Miguna is the PM’s advisor on Coalition Affairs. The views expressed here are his own.

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