Ocampo to add charges to Ali, Uhuru, Muthaura

THURSDAY, 29 DECEMBER 2011 00:07 BY NZAU MUSAU

Kenya's Finance Minister Uhuru Kenyatta (2nd L) and Cabinet secretary Francis Muthaura (2nd R) appear at the International Criminal Court in The Hague April 8, 2011. Kenyatta and two other officials appeared on Friday at the International Criminal Court to hear charges of murder, forcible transfer, rape and persecution. REUTERS/Bas Czerwinski/Pool (THE NETHERLANDS - Tags: CRIME LAW POLITICS)

IT will not be over for the Ocampo six after a decision on confirmation of charges hearing is given sometimes mid next month but before January 21.

 Outgoing prosecutor Luis Moreno Ocampo has indicated that he is seriously contemplating additional charges for the second set of suspects- deputy Prime Minister Uhuru Kenyatta, former police boss Hussein Ali and head of civil service Francis Muthaura.

 In an exclusive interview with the Star factored in a story carried elsewhere in this paper, Ocampo told the Star that he will make a decision on adding up charges of crimes which occurred in Kibera and Kisumu “after the decision” on confirmation is made.

 Ocampo's office has been coming under intense pressure from supporters of the court and especially the women movement to take up Kibera and Kisumu back in the scope of the two cases after they (Kibera and Kisumu) were dropped by the judges early last year for want of evidence. “We have evidence regarding Kibera and Kisumu and we continue to collect more. The Office will decide on requesting charges be added to the current cases after the decision on confirmation of charges,” Ocampo said.

 Initially, Ocampo had charged the three of acting as co-perpetrators in contributing to the commission of crimes against humanity on ODM supporters in among other areas Kibera and Kisumu.

 The two places were the epicentre of ruthless police reprisals of post-election protests. The other epicentres of the violence - mainly in Rift Valley largely entailed civilians rising against civilians on the basis of their ethnicity and political affiliation.

 But in admitting the case early last year, judges of pretrial chamber knocked out the two areas from the scope of the case saying the prosecution failed to provide accurate, factual and legal submission which would require the chamber to examine whether the police acts of violence were part of an attack pursuant to a state policy.

 They nevertheless agreed there are reasonable grounds from material presented that the police used excessive force on civilian residents of Kisumu leading to “over 60 deaths” and that police raid in Kibera resulted in deaths, injuries and rape.

 Ocampo tried to appeal but was stopped and told he had misunderstood the judges ruling. He has since been gathering more evidence on the two areas where many cases of police rapes and shootings allegedly occurred.