Writes LEO odera Omolo
Kenya’s first batch of mass killings suspects come face to face with an International Criminal Court judge, opening another sad chapter for the country in 48 years of self-rule.
But even as Kenya’s citizens take their place in a courtroom that has starred infamous genocide suspects such as the late Slobodan Milosevic of Serbia-Yugoslavia, Chief Prosecutor Luis Moreno-Ocampo will be seeking more stringent conditions against the Kenyan suspects.
The news of the ICC opening cases at The Hague against the suspects dominated the front pages of Kenya’s leading dailies like the STANDARD, DAILY NATION, THE NAIROBISTAR and even the PEOPLE’S DAILY, paper which is owned by one of the suspects, the Deputy pime Ministe and Mnister for Finance Uhuru Muigai Kenyatta.
Moreno-Ocampo’s rude shock for the six include orders they provide, under oath, their financial statements, production of bond of personal security to ensure appearance when required, provision of all forms of contacts, including telephone and e-mail addresses, as well as commitment to appear at The Hague at least once every six months.
All the six, if Moreno-Ocampo has his way in court, will be required to ensure they do not make statements that can be interpreted as threats to potential witnesses, or even try and tamper with prosecution evidence.
Top positions
One of the post election violence suspects Mr Uhuru Kenyatta waves at the crowd at the airport as he left for the Hague on Thursday night
The new conditions, however, seem to weigh heavily against Deputy Prime Minister, Uhuru Kenyatta, Head of Civil Service Francis Muthaura, and Postmaster General, Hussein Ali, who he said he needed to restrain because of their influential positions in Government.
If they fail to meet any of the conditions, Ocampo wants the ICC judges to issue warrants of arrests against the suspects. He says the conditions are to make sure they comply with the requirements and decisions of the court.
At the same time, Prime Minister Raila Odinga went live on television to declare this was also the time for the country to reflect on the pain of those who suffered the brutality of the violence. “Justice for the victims and fair process for the suspects,’’ were his prayer.
He also asked the country to confront the truth, saying it was the only thing that would set her free. He also assured the world the stability and security of the country was not under threat because of the anxiety set off by the ICC process.
The appearance of the first three suspects this morning, and another three tomorrow morning, marks the first time eminent Kenyans will be facing trial in a foreign court. They will be in dock for international crimes they are suspected to have perpetrated and because the competence of Kenya’s judicial system, and the Government’s commitment to justice for post-election violence victims failed the test of the international community.
Ocampo filed his application for the imposition of the new conditions against the six, and more so against Uhuru, Muthaura and Ali, on Wednesday. The three hold significant positions in Government and appear before the ICC judge tomorrow for formal identification and to be officially read the charges against them.
Prime Minister Raila Odinga addresses the nation on the ICC process in his office, on Wednesday. [PHOTO: BONIFACE OKENDO/STANDARD]
Today, would be groundbreaking entry into ICC for Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and Kass FM’s Joshua arap Sang. They are expected before the judge at 11am, but though covered by the general terms of the conditions, it is against the Uhuru trio that Ocampo specifically sought on Wednesday’s orders.
Ocampo’s argument is that he wants Uhuru, Muthaura and Ali bound by the new conditions so that they do not undermine investigations. Ruto and Kosgey are out of the Cabinet, while Sang does not hold public office.
Political sentiments
Ocampo wants the judges to issue an order to compel the three suspects to refrain from making public statements that touch on the case, the charges, the investigation, or the evidence. If issued, this particular order would gag the suspects from making political statements.
Even though, in his application the prosecutor says that all the suspects should refrain from making public statements, he specifically wants the judges to issue targeted orders against Uhuru, Muthaura, and Ali. “Due to their senior positions of authority in Kenya, any statements that the suspects may make concerning the violence or their co-operation with the court could, intentionally or unintentionally, be regarded by actual or potential witnesses as pressure to cease co-operation with the court, or impact future witnesses’ willingness or desire to cooperate,” the prosecutor argues in his application.
Given that the prosecutor lost bid to revive charges against the three for crimes committed in Kisumu and Kibera, it appears he wants to turn the heat on them by giving them stricter conditions.
The revelations of Ocampo’s ‘ambush’ on the suspects appeared to put a damper on their upbeat mood, as they entered The Netherlands.
When Ruto, Kosgey and Sang arrived at Schipol Airport on Wednesday, escorted by more than 30 MPs, Kenya’s Ambassador to The Netherlands Ruthie Rono was at hand to receive them. She escorted them to Steigenberger Karhaus Hotel where they spent the night.
Kenyan flag
Just like Ali, who arrived on Tuesday morning, the three went straight to consult their lawyers. At the airport, the MPs escorting Ruto, who were all donning caps decorated with colours of the Kenyan flag that Ruto wears at rallies they sang patriotic songs before boarding a bus to Carlton Beach Hotel. Some of the MPs already at The Hague are Eugene Wamalwa, Jeremiah Kioni, Linah Jebii Kilimo, Jamlek Kamau, Ferdinand Waititu, Isaac Ruto and Peris Simam
With the MPs, members of the civil society, and Kenyan journalists at The Hague, not everyone would sit inside the court during proceedings.
By Wednesday evening, space at the public gallery had been reserved for a few people to follow the proceedings.
Kioni said nobody or political party was catering for the MPs’ travel expenses. “Each MP is catering for his or her own expenses, and we have to inform our constituents of what is going on here, when we get back,” he said.
“Kenya is not a failed State. We believe in our country,” said Kioni.
Upon hearing charges against them, the Chamber will set a date for confirmation of the charges. The pre-trial process may take six months.
The ICC on Wednesday also released an instruction that lawyers representing the Ocampo Six will be required to contact ICC’s Victims and Witness Unit before approaching a witness.
Judge Trendafilova set the condition in an application that was filed by Uhuru, Muthaura and Ali. In her decision delivered on April 4, the judge said witnesses are not the property of any party, but conveyors of information.
Ruto’s lawyer, Kithure Kindiki argued this would be challenged, given the fact that Ocampo had not supplied them with evidence.
Ends