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Sunday 26 October  
Ocampo names Kenyan suspects
Den Haag, Netherlands
Den Haag, Netherlands

ICC names Kenyan post-election violence suspects

Published on : 15 December 2010 - 12:30pm | By International Justice Tribune (Photo: AFP)
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The prosecutor of the International Criminal Court on Wednesday named six Kenyans, including two top politicians and a journalist, he suspects of masterminding the 2007-08 post-election violence that claimed more than 1300 lives.

By Thijs Bouwknegt & Linawati Sidarto

Chief Prosecutor Luis Moreno Ocampo said in The Hague he was requesting summons for suspended education minister William Ruto, industrialisation minister Henry Kiprono Kosgey and radio journalist Joshua Arap Sang on charges of murder, deportation, persecutions and torture.

The war crimes prosecutor will also seek summons for Kenya's secretary to the cabinet Francis Kirimi Muthaura, finance minister Uhuru Muigai Kenyatta and former police chief Mohammed Hussein Ali on allegations of murder, deportation, persecutions and rape.

“These are not the only people involved in the crimes, but these are the people most responsible,” said Ocampo, who has been investigating the crimes in Kenya since May this year.

The prosecutor filed two separate cases with different charges. ICC judges will study the summons and decide whether there the cases will go to court. Ocampo's office has indicated that no other people will be summoned aside from these six suspects.


Ocampo believes crimes against humanity were committed by:

  • William Samoei Ruto: Minister of Higher Education, Science and Technology (suspended), MP for Eldoret North. During the violence: MP for Eldoret North.
  • Henry Kiprono Kosgey: Minister of Industrialisation, MP for Tinderet Constituency, ODM Chairman. During the violence: MP for Tinderet.
  • Joshua Arap Sang: Head of Operations, KASS FM. During the violence: Radio broadcaster.
  • Francis Kirimi Muthaura: Head of the Public Service and Secretary to the Cabinet and Chairman of the National Security Advisory Committee.
  • Uhuru Muigai Kenyatta: Deputy Prime Minister and Minister of Finance.
  • Mohamed Hussein Ali:Chief Executive of the Postal Corporation of Kenya. During the violence: Commissioner of the Kenya Police.
Criminal plan
Ocampo stressed that in early December 2007, shortly before the result of the elections were revealed, Ruto and Kosqey of the Orange Democratic Party (ODM) already “began preparing a criminal plan to attack those identified as supporters of the PNU (Party of National Unity), in particular in the area of Rift Valley.”

The prosecutor further said that radio journalist Sang “played a crucial part in this.” Sang was “involved in the planning of this operation, collecting supporters and also using the radio messages to pass code messages.” After the election results were announced, “they immediately started the operation. Their followers – thousands of members of this network – began to attack different places.”

In turn, “members of the government also committed crimes,” Ocampo said. Muthaura, who was the chairman of the National Security Advisory Committee, “authorised police to use excessive force against civilians, shooting and killing more than a hundred people they identified as supporters of the ODM party,” the prosecutor stated. Kenyatta, he said, organised the Mungiki ethnic group to attack other groups.

Ruto, Kosqey and Sang are part of the ODM, which contested the victory of Mwai Kibaki’s PNU. Muthaura, Kenyatta and Ali were part of the ruling authorities. Kenyatta is the son of Kenya’s founding President Jomo Kenyatta.

"Many things to do"
Ocampo further stressed that “there are many things to do in Kenya” aside from the process of seeking justice. “Victims must be protected, there are still many people homeless. There are those who are raped who need assistance.” He pointed out that Kenya’s process of discussion and healing requires “roles for many other actors.”

He reiterated that the ICC would hand out arrest warrants for anyone who obstructs its judicial process, including the intimidation of witnesses and their families. Last week, Ocampo said that families of those believed to be ICC witnesses have been threatened.

Meanwhile, Kenya's police chief on Wednesday warned against violence after the ICC’s announcement. Mathew Iteere said security had been tightened as police had received information on plans to fuel unrest in the east African country.

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