From: joachim omolo ouko
News Dispatch with Father Omolo Beste
MONDAY, FEBRUARY 10, 2014

Vivian from Nairobi writes: “Fr Beste what do you say about the members of the Jubilee Coalition who are drafting a motion for the National Assembly seeking to summon Justice Philip Waki to disclose the full contents of an envelope he handed over to the former International Criminal Court (ICC) prosecutor, containing names of key individuals implicated in post-election violence?

Don’t you think this is going to spark yet another clashes among ethnic communities. For God’s sake I pray that Adan Duale should not try this. In Kenya we are just trying to heal from the clashes of 2007/08 and now they want to take us back again surely”.

Vivian you are absolutely right, by bringing Waki to open the other secret envelopes is to spark fire. This comes days after immediate former ICC Chief Prosecutor Luis Moreno-Ocampo admitted in a radio interview last week that he had been under pressure then from some Western diplomats in Nairobi to pressure judges to declare President Uhuru Kenyatta and Deputy President William Ruto unfit to run in the General Election.

National Assembly Majority Leader Adan Duale insists Waki must be brought to the Parliament to reveal other names which were not given to Ocampo. By revealing the secret names in the list according to Duale will help confirm widely held contentions that the cases were part of a nefarious design by the West to fix Uhuru and Ruto.

According to Duale, it was clear Koffi Annan was working with envoys from United States, Britain, France and Germany to have Uhuru and Ruto locked out in order to ensure Raila Amolo Odinga ascended to power.

By revealing secret names Duale wants to demonstrate that Uhuru Kenyatta never supported President Mwai Kibaki as alleged to have planned, financed, and coordinated the violence perpetrated against the perceived supporters of the Orange Democratic Movement, the political party of the President’s rival, during post-election violence from 27 December 2007 to 29 February 2008.

According to Duale Uhuru had no control over the Mungiki organization and as such never directed it to conduct murders, deportations, rapes and other forms of sexual violence, persecutions, and other inhumane acts against civilians in the towns of Kibera, Kisumu, Naivasha, and Nakuru.

Kenyatta was summoned to appear before the Court on 8 April 2011 and the confirmation of charges hearing was held from 21 September 2011 to 5 October 2011, in conjunction with the cases against Mohammed Ali and Francis Muthaura. All the charges against Kenyatta were confirmed by Pre-Trial Chamber II on 23 January 2012.

Francis Muthaura was indicted on 8 March 2011 with five counts of crimes against humanity with regard to the situation in the Republic of Kenya. As the Head of the Public Service, Secretary to the Cabinet, and Chairman of the National Security and Advisory Committee of Kenyan President Mwai Kibaki, he is alleged to have planned, financed, and coordinated the violent response against the perceived supporters of the Orange Democratic Movement (ODM), the political party of the President’s rival, during post-election violence from 27 December 2007 to 29 February 2008.

Specifically, Muthaura was alleged to have directed and paid Mungiki forces loyal to the President to attack civilians and instructed Mohammed Ali, the Commissioner of the Kenya Police, not to intervene against Mungiki forces.

Muthaura was allegedly criminally responsible for murders, deportations, rapes and other forms of sexual violence, persecutions, and other inhumane acts perpetrated by Mungiki forces against civilians who were perceived to be loyal to the ODM in the towns of Kibera, Kisumu, Naivasha, and Nakuru.

Muthaura was summoned to appear before the Court on 8 April 2011 and the confirmation of charges hearing was held from 21 September 2011 to 5 October 2011, in conjunction with the cases against Mohammed Ali and Uhuru Kenyatta. All the charges against Muthaura were confirmed by Pre-Trial Chamber II on 23 January 2012. He was later left free for lack of evidence.

William Ruto was indicted on 8 March 2011 on four counts of crimes against humanity with regard to the situation in the Republic of Kenya. He is alleged to be the leader of an ad hoc organization created by members of the Kalenjin ethnic group which was created to perpetrate violence on behalf of the Orange Democratic Movement (ODM), the political party of presidential candidate Raila Odinga, during post-election violence in December 2007 and January 2008.

On 1 August 2011, the charges were reduced to three counts. Ruto, as the a top leader in the ad hoc Kalenjin organization, directed Kalenjin youths to target civilians of the Kikuyu, Kamba, and Kisii ethnic groups, which were perceived to be supporters of the Party of National Unity, the political party of Odinga’s opponent during the election.

Ruto is alleged to be criminally responsible for the murder, deportation, torture, and persecution of civilians in the towns of Kapsabet, Nandi Hills, Turbo, the greater Eldoret area. Ruto first appeared before the Court, voluntarily, on 7 April 2011 and through the confirmation of charges hearing, which was held in conjunction with the cases against Henry Kosgey and Joshua Sang. All the charges against Ruto were confirmed by Pre-Trial Chamber II on 23 January 2012.

Joshua Sang was indicted on 8 March 2011 on four counts of crimes against humanity with regard to the situation in the Republic of Kenya. He is alleged to a top leader of an ad hoc organization created by members of the Kalenjin ethnic group which was created to perpetrate violence on behalf of the Orange Democratic Movement (ODM), the political party of presidential candidate Raila Odinga, during post-election violence in December 2007 and January 2008.

On 1 August 2011, the charges were reduced to three counts. As a broadcaster for the Kass FM radio station, Sang incited Kalenjin youths to target civilians of the Kikuyu, Kamba, and Kisii ethnic groups, which were perceived to be supporters of the Party of National Unity, the political party of Odinga’s opponent during the election.

He is alleged to be indirectly responsible for indirectly for the murder, deportation, torture, and persecution of civilians in the towns of Kapsabet, Nandi Hills, Turbo, the greater Eldoret area. Sang first appeared before the Court, voluntarily, on 7 April 2011 and through the confirmation of charges hearing, which was held in conjunction with the cases against William Ruto and Joshua Sang. All the charges against Sang were confirmed by Pre-Trial Chamber II on 23 January 2012.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com

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