Uhuru Kenyatta is sure his file at the International Criminal Court does not contain anything that implicates him in crimes against humanity. “We go to The Hague in the full expectation that justice will prevail and the truth emerges. We are innocent,” he said ahead of a series of hearings that may bring him to trial.
By Thijs Bouwknegt, The Hague
“I am fine,” Kenyatta said when he stepped down from a black Mercedes at the court last week. He said he is “absolutely” ready for the confirmation of charges hearings. It is his second time in The Hague this year. In April, he sang Kenya’s independence anthem on the stairs of the ICC, in honour of his father, Kenya’s founding president Jomo Kenyatta. This week he will be on the witness stand to counter allegations that he among “those most responsible” for violence that killed at least 1,133 people and displaced more than 663,000 others.
ICC Chief Prosecutor, Luis Moreno Ocampo filed charges against six alleged ring-leaders of Kenya’s post-elections violence and is trying them in two cases. From the beginning of September three judges have been able to look at the evidence he has collected.
Contrary to the other cases at the ICC, the Kenyan cases draw huge attention. Family and friends of the suspects have reserved seats at the front row in the packed public galleries. They are kindly requested to make no contact with the defendants in court, but the judges do not interfere with the occasional wink of an eye.
Judge Ekaterina Trendafilova explained that her “duty is to distinguish between those cases which should go to trial or not on the evidence provided.” She explained the confirmation hearings are “neither a trial before trial or a mini trial.”
Kenyatta is in the dock together with the head of the country’s civil service Francis Muthaura and former police chief Hussein Ali. They all face allegations of murder, deportation, persecutions and rape. The three suspects entered the courtroom last Wednesday surrounded by a bevy of lawyers, who say that the prosecutor did not do his job and that the wrong men were in front of the judges. “There is zero evidence against Ambassador Muthaura,” said Karim Kahn, adding that “this evidence has the potential to call occasion a miscarriage of justice.”
The prosecution claims that Kenyatta, Muthaura and Ali are the architects of revenge attacks against supporters of Kenya’s main opposition party, the Orange Democratic Movement (ODM). Ocampo told the judges that Kenyatta and Muthaura - who both support President Mwai Kibaki’s PNU – held two key meetings in Nairobi in late 2007 and early 2008 at which revenge attacks on supporters of Raila Odinga’s ODM were discussed.
The prosecutor went on to say Muthaura used a criminal gang called the Mungiki to carry out murders and rapes in the Rift Valley province while police commanded by Ali established “free zones” where crimes could be committed with impunity.
The three suspects shook their heads while listening to Ocampo. They hope to convince the judges that Ocampo’s evidence is too shaky to authorise a trial. Their lawyers hinted that anonymous prosecution witnesses had fabricated evidence, “offering to give evidence to the prosecution if they are given a good way of life.”
Muthaura told the court he feels sad to be presented as a monster by information gathered from the bush.” He said he considers himself “a firefighter who was mistaken or arrested as a nationalist by irresponsible policeman who came to the scene too late.”” He continued: “What I heard from the prosecution was packaged lies from people who want to make money and favours from the prosecutor. He asked the judges “to separate facts from lies and ensure justice is done.”
Kenyatta’s lawyer, Steven Kay, presented his client as a man of peace. On the contrary Kay argued, “no one else was responsible for the violence except supporters of Raila Odinga. The violence was started by the ODM who had been inciting to challenge the election results.” Kenyatta will be heard as a witness on Wednesday.
The prosecutor supports the allegation that ODM supporters had spearheaded the violence in Kenya. In a separate case, the judges heard evidence against three other Kenyans: Kanyatta’s direct opponent William Ruto, alongside former Minister for Industrialisation Henry Kosgey and radio host Joshua Arap Sang. Ocampo accuses them of being part of a “network targeting” PNU supporters “with the ultimate goal of gaining power and creating a uniform ODM voting block.”
Ruto, Sang and Kosgey say they have nothing to do with the violence. “The violence that broke out in Kenya had never been witnessed before. We think the devil must have made a short journey to the republic but not at the invitation of William Ruto,” Ruto’s lawyer David Hooper said, who claimed that Ocampo’s team omitted to investigate properly. “How is it possible that he would have come away empty handed as far as exonerating material is concerned?”
The same line was followed by Sang’s lawyer, who said “that every single item that the Prosecutor brought is exculpatory of my client. There is nothing incriminating in it.” He went on to say his team was “very surprised” that the prosecution did not use its opening statements “to apologise” to Sang.
The hearings run to October 5 and a decision on whether the cases will go to trial is expected just before Christmas.
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Ocampo to do justice for the six,so that no violence again in Kenya and allover the country.
Not only does the OTP @ the ICC need to grasp the politics of Kenya, but also understanding of the political culture too. All politicians and senior civil servants have outside business interests and often familial relationships which can bind them together in subtle ways. For example the PS for Foreign Affairs who appeared for Mathaura is also the owner of the Jacaranda Hotel where an infamous meeting is alleged to have been held. With regards to the police "standing back" and allowing perpetrators access to attack vulnerable communities (denied as being impossible by the defence team), there is empirical evidence that in the month leading up to the 2007 election the police stood back and allowed thousands of unlicensed hawkers to have unlimited freedom the pavements and the roads of Nairobi for their vending. Further the matatu drivers and conductors were allowed to forgo their uniforms in the same period. Normally the vendors would have been tear gassed and the matatu men harrassed. This is clear evidence that the senior politicians influenced the actions of the police. Why not then the same passage of Mungiki for violent PEV activities? The defence painted the police as being dedicated to the job of law enforcement. Unbelievable! Rape of school girls, defilement in police stations, shooting of unarmed civilians, harrassment and bribery are common allegations against the police. As they investigate themselves, no prosecutions take place. Let the guilty be dealt with before the good law. Bribery has no effect in the Hague.
the is no truth there.
the is no truth there.
May justice prevail and may we all get to know the truth.four years down the line we still have displaced people living in camps.Is this really human? http://www.tusijisunde.com/2011/fake-idp-what-should-you-and-i-do/
Let justice take its course as everybody know that people lost their lives and some still spend in the cold even today.Truth will set the suspect free as God is the only one who knows the people behind these killings.Nowadays unlike in the old testament when punishment would come later,God will punish these people on a broad day light.
Let justice take its course as everybody know that people lost their lives and some still spend in the cold even today.Truth will set the suspect free as God is the only one who knows the people behind this killings.Nowadays unlike in the old testament when punishment would come later,God will punish these people on a broad day light.
let justice be done coz justice must not be seen to be done it must seen to believed.
Justices is tool that needs facts care,am astonished that ICC prosecutor had know independent investigation on the case he had to depend on waki report and other bodies.Mr ocampo Kenya is very fanny country and very different from the world you know a Kenya can tell you other thing provided he thinks you will part with few coins, Be careful am for ewer seeing you putting in trail wrong people living out the right culprits.
If the two principles continue to wine and dine about like nothing happened as a result their careless deeds then no justice will prevail
am wondering how many kikuyus live in kisumu i think i show the news vehicles,buildings and bussiness belonging to other tribes being burnt MUNGKI must have travelled that far to do all what was on media surely ocampo or whoever you call your self please do us right and rememeber there is tomorrow children watching over you
may the ocampo team know that what they are fighting is far beyond just man slaughter n rape cases,its not just PEV this is a war on impunity,race to power,corruption and above all tribalism which has been the genesis of division for ages.those seated in those bars as defence witness are people of self interest who would do anything and take any oarth to defend their associates.only kenyans have the pinch of what its like to be in their shoe and it aches to see the defence lawyers talk as if during the PEV they were there taking records in anticipation for the judgement day on the suspects...funny enough most of them would've been out on holidays with their families!(i understand as a lawyer you have to protect your client)but have it in mind that a child is an opharn out there without a home to stay,one is right now disabled and many are dead
and all this your clients would be responsible for perpatrating.whatever you say know the countries fate lies on u.BE WISER
With what i have witnessed and had, Okampo has done nothing at all in regard to independent investigation on this Kenyan violence. What i recommend is reconciliation in all levels for a better and a peaceful Kenya. To me Shoddy work and they are innocent as per the confirmation hearing.
IDIOT YOU
i think they shld be judged .we want justice
i hate you imagine that it is justice . everyone should be liberal minded.
wow that's a true liberal minded man speaking,all this ain't justice trying to prevail itself i tend to think all this is politics,the prosecution side has clearly shown that it hadn't investigated anything,they are mixing up their dates,destinations and also the victims that are alledged to have been evacuated from their homes come from mainly one tribe only so what happens to the large number of internal displaced persons in the camps who are not from the tribes mensioned the prosecution wanna put to us that they simply don't exist.I don't think there will be justice for all.The two principles are walking scot free whereas they are the main reason why the violence errapted,one of them was even seen in the media insighting the public t have a mass action but he is not being seen in the chambers for trial so what kind of justice are we waiting for...
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this are serious criminals who must face trials at the hague/are the people died in kenya have justice in the graves?their families live in agony and trauma daily,and they keeep talking of their justice not justice of the death and the remaining ones.the culture of impunity is going on,why should we allow criminals using money,power,politics in the expense of innocent democratic kenyans.we are watchint to see the truth only from hague.Those who call mass action,they must know mass action is not mass murder,the should go to class.
happy are the peacemakers for they.................., its better have that young citizen and innocent one who knows nothing and will bring up something rather than have old citizen who knows something and turns that something to nothing let justice take place and the lord look at those innocent ones who died and are with Him enjoy the fruits of their innocence futhermore let the guilty one also enjoy the their sweat of destruction.God may your will be done
happy are the peacemakers for they.................., its better have that young citizen and innocent one who knows nothing and will bring up something rather than have old citizen who knows something and turns that something to nothing let justice take place and the lord look at those innocent ones who died and are with Him enjoy the fruits of their innocence futhermore let the guilty one also enjoy the their sweat of destruction.God may your will be done
ocampo do your work coz this pple are worse we give them the votes afteral we lose our life, whereby thats not fair at all.We dont want bad eg like prez kibaki he pleaded on pple and promise that the education will be free but were empty words.those are the kind of pple that has to go to haghe!!!.
ocampo do your work coz this pple are worse we give them the votes afteral we lose our life, whereby thats not fair at all.We dont want bad eg like prez kibaki he pleaded on pple and promise that the education will be free but were empty words.those are the kind of pple that has to go to haghe!!!.
I strongly feel that from the ICC proceedings that i have seen so far,Ocampo didn't do an independent investigation and i am sorry that crime was committed in Kenya but due to Ocampo's laxity,victims might not get the much awaited justice.Ocampo should have known that some Kenyans can go to any length for them to benefit from his evidence protection program,even to denounce their own mother leave alone lying to the prosecutor.
I strongly feel that from the ICC proceedings that i have seen so far,Ocampo didn't do an independent investigation and i am sorry that crime was committed in Kenya but due to Ocampo's laxity,victims might not get the much awaited justice.Ocampo should have known that some Kenyans can go to any length for them to benefit from his evidence protection program,even to denounce their own mother leave alone lying to the prosecutor.
I think Ocampo should have taken Raila and let him explain why after he called for mass action and later on he realized that they have turned to violent crime,why didn't he call off the mass action and safe Kenyans if he is truly a peace loving politician as he claims to be.
its true uhuru is innocent we have gotten this from almost everyone who knows this son of thefirst presdent of kenya. wacha kijana set free.
Mr ocampo stop beating about the bush and end this futa nikufute. call those pple who are mentioned in this.
majority of you guys do not undestand what happened infact uhuru went to kikuyu when he knew they accomplished their mission. this guy gave money to mungiki to buy pangas in my presence in kawangware to go and kill luos why then go and blame raila.
Please, all those with evidence contact Ocampo at the ICC. Now is the time for mwananchi to show they have power rather than to continue to be downtrodden and manipulated for the benefit of the powerful. Leave nothing to chance. Talk to the ICC. It's not too late
As ICC works tirelessly to establish the truth behind the 2007 post election scarmishes,we as Kenyans should get up by our knees and pray for peace,luv and unity.
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