OCAMPO 6

The International Criminal Court may zero in on just six prime suspects accused of planning and executing Kenya’s post-election violence.

Prosecutor Luis Moreno-Ocampo on Thursday vowed to conduct a quick, robust, independent and impartial investigation which he hopes to conclude by the end of the year and place his case before the judges.

He said he expected to file two cases, each involving at most three suspects, at the end of the investigations. In an interview with Reuters at The Hague, Mr Moreno-Ocampo said he aims to have filed the first cases and complete confirmation hearings in those by the end of 2011, with trials to start as early as 2012.

Kill and destroy

The prime suspects are accused of hiring, financing and moving gangs to kill, destroy and block roads in order to retain or gain power. Some 1,133 Kenyans were killed and more than 600,000 uprooted from their homes after incumbent Mwai Kibaki, of the Party of National Unity, was declared winner of the 2007 presidential election.

His rival, Mr Raila Odinga of the Orange Democratic Movement, rejected the results, saying the vote had been stolen. On Thursday, the prosecutor said he would use Kenya to set “ a historic example” of preventing crimes of mass murder and assured the public that justice was on the way.

‘‘Kenya will provide a historic example on how one country chose to address and prevent massive crimes. I want to explain why all Kenyans must work together and with the court to ensure the prevention of future violence,” he said.

The six, Mr Moreno-Ocampo said, could either be among the 20 names on his list or some new faces if fresh evidence points to other players. “We envision at least two cases against one to three persons in each case. We will focus on those who, according to the evidence that will be collected in the course of our independent investigation, are most responsible,” he said.

At the conclusion of the investigations, he said, it would be the task of the judges and his office to decide either to issue arrest warrants or summons suspects who will volunteer. He said the list of 20 is made up of leaders from the Party of National Unity and Orange Democratic Movement and businesspeople who are closely linked to the politicians.

The ICC, he said, will not ask for the suspension of suspects holding public office nor base decisions on political affiliations. “We are not in a political game. We are a court seeking evidence from leaders of the two parties,” he said.

Saying the investigations will incriminate some and exonerate others, he invited leaders who suspect they are on the list to request for a hearing from his office to explain their innocence. The rights of the suspects will be respected, he said.

The prosecutor said he would be in Kenya next month to seek more evidence on the roles of the 20 suspects. He also expects to meet President Kibaki and Prime Minister Raila Odinga to get assurances of government cooperation.

“The investigation has been authorised (by the Pre-Trial Chamber), I will travel to Kenya in May. We must proceed promptly,” he said. However, he declined to reveal the names of the suspects, arguing that it would be against the law to do so at this stage.

“I am committed to the law. I do justice and cannot identify people without evidence because today (at this moment), they are innocent,” he said. He was addressing a press conference at The Hague, a day after the three-judge bench in a majority vote, allowed him to start investigations into the post election chaos.

In Nairobi, the Law Society of Kenya, the International Commission of Jurists and the civil society welcomed the investigations by The Hague and urged the prosecutor to move with speed. The ICC prosecutor said he would visit the hot spots of the elections chaos, among them Naivasha and Eldoret, to collect evidence.