Sunday, January 22, 2012

Anxiety as nation awaits ICC ruling



By Standard Team

It could be the single ruling whose ink will rewrite Kenya’s history and its winds shake the political arena from Monday at 1:30pm.
It might unite the country or split it down the middle and once its dust settles Kenya might never be the same again.
At 1.30pm Monday, the Pre-Trial Chamber judges will decide if ICC Chief Prosecutor Luis Moreno-Ocampo's evidence on the six post-election violence suspects is admissible. [Photo: File/Standard]
That is why the Government on Sunday announced security had been tightened across the country, just in case disorder sets in.
It has the capacity to build or break the careers of those affected, all depending on whether or not they will be committed to full trial.
The ruling to be given by International Criminal Court (ICC) on the so-called ‘Ocampo Six’ and what it possibly will say is a matter of speculation on every Kenyan lip.
Others, including the suspects, argue that in fairness and justice there will be no charges confirmed, while another side says they will as part of the war against impunity.
On Monday at 1:30pm, the country will come to a standstill as Justice Ekaterina Trendafilova calls her court to order and sets off the process of ruling on the two cases.
It will be the culmination of a long and circuitous road to the confirmation hearing for six prominent Kenyans.
It could also be the beginning of another energy sapping and torturous road for some or all of the six should the court commit them to full trial.
The six men who will be on the edges of their seats, waiting for each of the Judges’ word fall off the lip are Deputy Prime Minister Uhuru Kenyatta, former Cabinet ministers William Ruto and Henry Kosgey, former Police chief Maj-Gen (Rtd) Hussein Ali, Head of Civil Service Mr Francis Muthaura and Kass FM Head of Operations Mr Joshua Arap Sang.
The three ICC Pre-Trial Chamber II judges, whose ruling is ready to be fished out from the ICC vaults and read to the world, are Justice Hans-Peter Kaul, Justice Cuno Tarfusser, and Justice Trendafilova who is the presiding charge.
No looking back
But even as the ruling, which is also eagerly awaited by the victims of post-violence skirmishes, got closer to being unveiled to the world, news filtered out that both Uhuru and Ruto would meet at a Nairobi hotel for lunch and watch the news from The Hague together with MPs who support them. Both were also out in the political field on Sunday, struggling to enhance their chances for election as President.
Uhuru was in Kisii for Kitutu Masaba MP Walter Nyambati’s homecoming party and said nothing would stand in the way of Kenyans if they remain united.
"This judgement will come and pass but Kenya will be there to remain," he told a rally at Manga.
He is expected to follow the proceedings of the court at Panafric Hotel on Monday afternoon.
All MPs from Uhuru’s Party of National Unity (PNU) and ODM MPs allied to Ruto have been asked to be present at the gathering. PNU Chief Whip Johnstone Muthama asked the MPs to congregate at the hotel for a lunch meeting.
"Mheshimiwa, kindly let us meet at the Panafric Hotel, Simba Room, Mezzanine Floor to monitor and deliberate together on the ICC verdict," said part of the message sent to MPs.
Analysts and political observers concur that the historic ruling will have weighty political and security implications on the future of the country.
It will also bring to the fore the simmering debate on whether, if charges against them are confirmed, Ruto and Uhuru would still be in a position to take part in elections, or even if it would still be tenable for Muthaura to hold office at the centre of government operations in the country and the presidency.
Defer the charges
On Sunday, Justice Minister Mutula Kilonzo cautioned that if suspects take over leadership, they could suppress evidence against them and eliminate witnesses.
He said few countries would allow persons accused of international crimes on the ballot paper.
"And sadly, my party leader, the first lawyer Vice President in Kenya can entertain the thought. Tell him to clean up his act," said Mutula in a direct jab at Mr Kalonzo Musyoka.
The Government has for the last three years fought hard to defer the charges and President Kibaki’s wing of government would predictably be happy if they were dropped altogether.
That, however, means the new Judiciary led by Chief Justice Dr Willy Mutunga and Director of Public Prosecution Keriako Tobiko will be expected to take over and ensure that those responsible for the violence are prosecuted.
Lawyers said if the charges are confirmed, the suspects will be invited to the court where charges will be read to them afresh for them to either plead guilty or not guilty. Thereafter, the court will set a date for hearing and the Trial Chamber tasked with listening to the case will come up with the hearing schedule.
Depending on the conduct of those whose charges have been confirmed, the prosecution may ask for a warrant of arrest if he or she is of the view they will abscond. If at all the prosecution obtains the warrant, the accused will remain at The Hague until the cases are determined.
On the other hand if they are of good behaviour, summons will be issued for them to attend court and the court will impose conditions.
The cases could take from two to three years but if the ICC decides not to confirm the charges, it may ask the prosecution to gather more evidence.
The prosecutor may also ask for summons to be issued against the suspects to allow them to give their side of the story as far as the charges are concerned.
Alternatively, the charges may be dismissed altogether and the suspects become free people. But even if confirmed the suspects still have the option of appealing.
On Sunday all the suspects except Uhuru, who was busy in Kisii, and Ali who is a Muslim, were in church, praying that the outcome of Monday ’s ruling goes their way.
Ruto was at Burnt Forest, a violence hot spot where thousands of families spent over a year living in makeshift tents after they were violently evicted from their homes. He chose to go for prayers at St Patrick’s Catholic Church, where some of the victims got refuge during the post-election violence.
Keeping peace
Ruto was in a jovial mood as he mingled and shook hands with members of the congregation and later told leaders peace was top of agenda irrespective of the ICC verdict.
"The Lord has been good to me all long and he would continue to be my savior at all times...that is why I have come here to thank Him and preach peace," said Ruto.
He added: "I am not worried and I want Kenyans not to worry too and accept whichever verdict the court would give".
Uhuru laughed and cracked jokes with his hosts in Kisii and remained jovial through out the function. He said his wish was to see a Kenya where all were free to work, reside and do business anywhere without fear of any reprisal particularly during election campaigns.

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