Police probe Ruto afresh

By David Ochami Criminal Investigations Department is still probing Eldoret North MP William Ruto for post-election crimes committed in Rift Valley even as he puts up a fight at The Hague.
It is this ongoing investigation, among others, that the police are undertaking behind the scenes, as the State hopes to convince International Criminal Court to defer cases against the Ocampo Six and let Kenya handle them.

Eldoret North MP William Ruto

It also emerged the State is keen on doing all it can to prove to ICC it is keen on taking back the cases at ICC, and to this end, sources in security circles on Sunday evening revealed to The Standard, it will soon be obvious to Kenyans and the world that the Government and police mean business. It is expected that this message will be demonstrated through enhanced local investigations, and very likely arrests and court appearances.
A confidential letter by CID Director Mr Ndegwa Muhoro to Chief Public Prosecutor Mr Keriako Tobiko on May 5, also unmasked how ‘surprised’ the State was when the list of the six Kenyans accused by the ICC of crimes against humanity were released, because all along they had focused on Ruto — against whom a police investigation file is still open in Nakuru.
Ndegwa reveals to Tobiko the investigators were shocked when the names of Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Mr Francis Muthaura, Postmaster General Hussein Ali, Tinderet MP Henry Kosgey and Kass FM’s Joshua Arap Sang were listed because, "their names had not been "mentioned previously during investigations."
He, however, quickly adds that Police Commissioner Mathew Iteere has ordered him to broaden his investigations to include all other high-profiled suspects as well as the Ocampo Six. These investigations are what the State is pitching on to demonstrate to ICC it means business, and with the new constitution, it should be trusted to impartially handle the investigations.
Curiously in his letter, Muhoro says Ruto is "still under investigation because there are some areas requiring further corroboration in order to reach a fair conclusion", but does not mention any probe on any of the other Ocampo Six suspects.
The alleged crimes he lists include mass murder, rape and deportation — which also feature in one of the ICC cases.
Challenging admissibilityThe letter is among documents, including the official report on police reforms, which the State has annexed to the case challenging admissibility of ICC cases on her subjects.
"A report by the Director of the CID to the Chief Public Prosecutor of 5 May 2011 (attached hereto) confirms that this investigation into the six suspects is presently being conducted," write the two British lawyers hired by the State to fight off ICC cases against its citizens. They are Sir Geoffery Nice and Mr Rodney Dixon."
Their official response to Prosecutor Luis Moreno-Ocampo’s decision on why ICC should never let go Kenya’s cases argued that because of restart of investigations in Kenya, "the requirements of Article 19 are plainly satisfied, and the Chamber is respectfully requested to order that the two cases presently before the ICC are inadmissible."
The CID boss confesses the reason the investigations into Ruto’s case No. 10/2008 in Nakuru dragged on for the last three years was because of "unreliable and uncooperative witnesses".
The accusations against him were that, together with others from the Kalenjin community, he "incited Kalenjin youths to commit violence against non-Kalenjins living in some parts of Rift Valley Province."
Ironically the allegations against Ruto first reached Police following an investigation by "a team of senior officers" deployed by former Commissioner of Police Hussein Mohamed Ali — who is one of the Ocampo Six.
The Standard also saw documents indicating Attorney General Amos Wako directed and approved fast investigations for crimes committed during the post election crisis in Rift Valley Province mid-June 2008. The list was agreed upon in a meeting on June 16, 2008, which was attended by CID Director the late Gatiba Karanja, his deputy, and CID head of investigations. The minutes show that Wako then briefed the meeting on the resolutions of the National Security Committee. He also directed them to review and re-evaluate post-election violence cases, and make recommendations to him in two weeks. To date, nothing has come of the order communicated to the meeting by Wako, but another police source revealed the State decided to go slow because of the volatile nature of politics at the time, and gave the example that following the arrest of Uasin Gishu businessman Jackson Kibor over violence claims, Prime Minister Raila Odinga led demands for his release.
Tobiko, following an approval of lists of suspects by the National Security Committee, prepared the details of four teams of police and officials from the State Law Office.
Some actionIt also emerged Wako held several meetings with state officials on June 16-9, 2008 to plot the investigations in Rift Valley, Coast and Nyanza Provinces and later approved Tobiko’s recommendations on June 21 2008.
Muhoro claims in his letter to Tobiko, and which is now in ICC files, that the CID "was now on the ground conducting investigations as directed (by Police Commissioner Mathew Iteere)". He added: "It is also reviewing all the previous inquiries and reports to assist in investigations."
When contacted, Police Spokesman Eric Kiraithe declined to comment on the contents of the CID letter, only saying, "that issue is very high up on policy".
However, Kiraithe revealed very soon there would be some action in this front. He, however, did not specify what it is or against whom. Without elaborating, Kiraithe said the Kenyan landscape has since shifted with the passage of the new Constitution and everybody has been "demystified".
Kiraithe told The Standard so many hurdles have since been overcome, and they believe they are capable of resolving issues surrounding the post-election violence.
Kenya has hired lawyers to help win a referral of the ICC investigations and cases to Kenya; a challenge lawyers say can only succeed if local authorities can demonstrate there are active investigations against the suspects, locally. The Government also launched a separate suit to challenge admissibility of the case against the Ocampo Six. The Standard has seen documents the CID and other Government departments lodged before the court to demonstrate active investigation of the 2007/2008 violence.
Significantly, Ndegwa’s letter shows any investigations against Ruto were or are conducted under the Police Act, Cap 84 Laws of Kenya and not under the International Crimes Act of 2009 — which covers international crimes levelled against him by the ICC. Among actions the CID boss boasts the State has undertaken to help resolve the post-election violence crimes is President Kibaki’s appointment of Justice Phillip Waki’s Judicial Commission of Inquiry.
He does not, however, concede the President was merely executing what was agreed upon in Kenya’s mediation talks at the Serena Hotel arbitrated by former UN secretary general Dr Kofi Annan.