Robert Nyagahi | NATION Eldoret North MP William Ruto and Medical Services assistant minister Kazungu Kambi at a United Democratic Movement rally in Kilifi on September 30, 2011
By ERIC SHIMOLI eshimoli@ke.nationmedia.com AND JULIUS SIGEI jsigei@ke.nationmedia.com
Posted Friday, September 30 2011 at 22:00
Posted Friday, September 30 2011 at 22:00
IN SUMMARY
- Evidence has emerged that the Eldoret North MP was privately warned against making inflammatory statements following a request by chief prosecutor Moreno-Ocampo to impose on him stricter conditions after the hearings last month
Chief prosecutor Luis Moreno-Ocampo sought to have Eldoret North MP William Ruto slapped with stricter conditions, including threats of arrest, as he prepared to return to Kenya after his confirmation hearings.
Well-informed sources present at The Hague at the time told Saturday Nation that Mr Moreno-Ocampo made at least two appeals to the judges last month when Mr Ruto, Tinderet MP Henry Kosgey and radio presenter Joshua Sang were at The Hague for confirmation of charges hearings.
Mr Moreno-Ocampo reportedly charged that Mr Ruto was threatening family members of witnesses and making public statements to undermine the ICC, allegations which were vehemently denied by Mr Ruto.
Breaking confidences
During the private sessions, the judges however spared Mr Ruto any immediate sanctions and instead asked the prosecutor to make a formal application in open court, said our sources, who sought anonymity for fear of breaking confidences.
But the sessions do appear to have underlined one clear condition which appears to have had a telling effect: “There was also the caveat that he should not publicly speak in a manner that can be construed to be interfering with the investigations or threatening to the witnesses,” said one well-informed source speaking on condition of anonymity.
It is instructive that since Mr Ruto returned from the confirmation hearings he has not publicly issued statements on ICC other than express confidence that he would triumph.
Reached for comment on Thursday, he refused to answer any questions on the matter.
Mr Ruto, Mr Kosgey, Mr Sang, Deputy PM Uhuru Kenyatta, Civil Service head Francis Muthaura and former police commissioner Hussein Ali face multiple counts of crimes against humanity for allegedly bearing the greatest responsibility for the murderous viole3nce that followed the December 2007 General Election.
Impeccable sources present at The Hague during the hearings last month said Mr Moreno-Ocampo had not made a formal application to the court but that the prosecution had exerted pressure for the arrests.
Mr Ocampo’s move came as the confirmation hearings neared the close amid a furore over an interview given to a radio station in Kenya from The Hague by one of Mr Ruto’s confidantes and MP for Belgut, Mr Charles Keter.
Court building
A counsel appearing in the hearings for the victims of the post-election violence told the court that the interview in KASS FM contained statements inciting the public against potential witnesses.
At the end of the hearings for Mr Ruto, Mr Kosgey and Mr Sang’s case, Mr Ruto and his lawyers remained in the court building for more than two hours.
At the time, aides said Mr Ruto and his lawyers were holding a meeting in one of the offices which had been spared for them.
It was during these meetings, our sources said, that the prosecution was exerting pressure on the judges to vary Mr Ruto’s appearance conditions and even order his arrest.
In April Presiding Judge Ekaterina Trendafilova warned the suspects against making dangerous speeches which could retrigger the violence in the country.It was not the first time that Mr Moreno-Ocampo had attempted to have stricter conditions imposed on the six.
And the Chamber had directed that the suspects shall have no contact, directly or indirectly, they shall not interact with any person who is or is believed to be a victim or a witness of the crimes and that they shall refrain from corruptly influencing a witness or tampering with or interfering with the Prosecutor’s collection of evidence.
Although Mr Ocampo filed an application seeking stricter conditions including a gag order, declaration of wealth and listing their addresses with the registrar of the court early this year, the judges did not grant him his wishes.
He also wanted the court to order Mr Kenyatta, Mr Muthaura and Gen Ali to deposit a bond commensurate with their wealth.
He had further sought that the three appear before the ICC every six months so that the court can verify if they have complied with the conditions set out.
In the application then, Ocampo asked that a warrant of arrest be issued against the suspects if they failed to meet the conditions or breach any of them.
The prosecutor argued that if the suspects remained free pending confirmation, adequate conditions should be imposed to guarantee that they continue to appear voluntarily and that they do not obstruct or endanger the investigation or the Court’s proceedings.
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