Kenya's AG threatens to sue Ocampo

Written By:Daniel Waitere,    Posted: Mon, May 30, 2011

Attorney General Amos Wako has threatened to sue ICC prosecutor Luis Moreno Ocampo for questioning the government's will to protect witnesses in the post election case and suggesting that it could actually be shielding the suspects from prosecution.

Wako who is away in Switzerland has termed Ocampo's remarks as unwarranted and defended the government's right to challenge the admissibility of Ocampo's application at the ICC.

In a statement sent to newsrooms on Monday Wako says; "I observe with great concern the statements attributed to Luis Moreno Ocampo questioning whether the government is protecting suspects from investigation and whether the government wants justice for the victims."

The ICC prosecutor is understandably feeling frustrated following concerted efforts by the government to have the ICC cases deferred while a local tribunal is established to take up the matter.

Also standing in the way Ocampo's case is the challenge of admissibility filed by the government seeking the ICC to reject Ocampo's application on the basis that the crimes alleged to have been committed do not meet the threshold of crimes against humanity.

But according to Wako the government of Kenya has the right under the Rome Statute to challenge the admissibility of the cases arising out of the post election violence and that- that right should not be the subject of vilification by the prosecutor outside the court.

"Kenya has played a leading role as a member of the Rome statute and supporter of the ICC and will continue to do so. The government of Kenya has the right under the Rome statute to challenge the admissibility of the cases arising out of the Post Election Violence and this right should not be the subject of vilification by the prosecutor outside the court. "

Wako now says the remarks by Ocampo on a matter before the ICC amounts to undue interference with the due process before the ICC which translates to contempt which he has now instructed State lawyers to act on.

"Each statement attributed to Mr. Ocampo covers an issue before the court itself and for determination by the court and not by the Prosecutor. It is improper for Mr. Ocampo to make such public statements which could have the effect of interfering with the due process before the International Criminal court. In municipal or domestic law these could well amount to acting in Contempt of court. I am therefore instructing our Attorneys to look into this matter and if appropriate bring it to the attention of the ICC."