ICC monitoring Ruto, Uhuru over hate speech

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International Criminal Court Director Jurisdiction, Complementarity and Cooperation Division Phakiso Mochochoko (right) and Associate International Cooperation Adviser Shamiso Mbizo during a press conference at Serena Hotel in Nairobi July 26, 2012. Mr Mochochoko said the ICC was monitoring Mr Kenyatta and Mr Ruto over engaging in hate speech. BILLY MUTAI  

By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted  Thursday, July 26  2012 at  17:58

The International Criminal Court is monitoring whether Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto are engaging in hate speech or inciting violence.

The Hague-based court had set non-engagement to hate speech, inciting violence or engaging in similar crimes as conditions to them remaining free.

Officials from the ICC prosecutor’s office Thursday said that they would ask the court to reconsider the decision to have them free if they are found to be defying the conditions.

“If any of the suspects defies the conditions, the judges are aware of the conditions and the suspects are aware of the conditions and if they violate any of the conditions, they know what will happen to them.

"They are being monitored and everything is being done to look at what they are saying,” Phakiso Mochochoko, Head of the Jurisdiction, Complementarity and Cooperation Division said.

He added that if there is any evidence that they have defied the conditions, this will be brought to the judges who will decide what to do including lifting their freedom.

Mr Mochochoko said that there will be no immunity for the two if they are elected to any position.

He, however, declined to say whether there is any evidence yet if the suspects have failed to meet the conditions or they have been linked to any intimidation of witnesses.

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He was speaking at Serena Hotel in Nairobi. He was accompanied by Ms Shamiso Mbizvo, who is the Associate International Cooperation Adviser in the prosecutor’s office.

Bensouda planned visit

The two met Attorney-General Githu Muigai and the Cabinet sub-committee on the ICC where they discussed a planned visit by Prosecutor Fatou Bensouda to Kenya and the government’s cooperation with the court.

Mr Mochochoko said that they raised the issue of intimidation of witnesses with the Kenyan Government and were investigating issues relating to this including on social media.

He added that though the government has been cooperating with the court, there are still requests that are pending or have been delayed.

“Our witnesses are out of Kenya but this does not mean that some people can have access to them,” Mr Mochochoko said.

The ICC official also said that no witness has left the prosecution and they would consider the merits of any of the accused decision to turn into a prosecution witness. He added that their focus is to consolidate "our case against the four whose charges were confirmed by the Pre-Trial Chamber".

He also said that the ICC was keenly studying Miguna Miguna’s book terming it as “an interesting read” but said he could not comment on whether it can form any basis for evidence in the ongoing cases.

Addressing the recent move by the African Union to form an continental court to try any of the accused, Mr Mochochoko said that the change in the jurisdiction of any of the cases would only happen if the procedures of the court are followed.

“There are criteria that must be met for anyone to take away a case from the ICC. The mere creation or saying that we are creating a court here and it is going to automatically take over the cases that is just mere fiction. That is not going to happen,” Mr Mochochoko said.

He added that anyone who wants to change the jurisdiction of the cases must go before the judges and the prosecution and will be given the opportunity to make submissions over the matter.