Prosecutors at the International Criminal Court will from Wednesday present their case against three Kenyans. Uhuru Kenyatta, Francis Muthaura and Mohammed Hussein Ali will come to The Hague to present evidence that they were not involved in crimes against humanity committed three years ago. Judgment on whether their cases will go to trial is expected just before Christmas.
Kenyatta is the accused with the highest profile in the Hague. The ICC says he mobilised a local militia called the Mungiki to hit back at people who had sparked violence in the wake of Kenya’s presidential elections. Kenyatta, who is deputy prime minister in Kenya's coalition government, is expected to be the sole figure in the so-called 'Ocampo six’ to take the stand to fend off accusations of committing crimes against humanity in a move analysts say could be risky because he is likely to be questioned by the court.
Post-election violence
More than 1,300 people were killed and hundreds of thousands displaced, following disputed elections in December 2007. After the dust settled, the Kenyan parliament voted down a bill to establish a tribunal to prosecute those responsible for the killings, rapes and forced evictions that took place during the fighting.
The 30-day bloodshed between Kenya’s Orange Democratic Movement and the Party of National Unity damaged the country’s reputation for stability in an otherwise turbulent region.
Because Nairobi, which is a signatory to the Rome Statute, chose not to send an official invitation to the prosecutor, Ocampo took matters into his own hands. In May 2010 he started investigating crimes against humanity. It took a year to bring his investigation before the Court in two cases.
The cases
Kenya’s Deputy Prime Minister Uhuru Kenyatta is in the dock together with the head of the country’s civil service Francis Muthaura and former police Chief Hussein Ali. They are charged with murder, deportation, persecutions and rape. These three are seen as allies of President Mwai Kibaki, belonging to the Party of National Unity (PNU).
The other case comprises former Higher Education Minister William Ruto, former Minister for Industrialisation Henry Kosgey and radio host Joshua Arap Sang. They back Kibaki’s political rival, Prime Minister Raila Odinga, of the Orange Democratic Movement (ODM).They are accused of being part of a “network targeting members of the civilian population supporting the PNU, in order to punish them and evict them from the Rift Valley with the ultimate goal of gaining power and creating a uniform ODM voting block.”
Ruto, Kosgey, and Sang came to The Hague earlier this month to argue that there is no evidence to back to charges against them.
The Ocampo Six
Dubbed the ‘Ocampo Six’, they are all accused of crimes against humanity. Uhuru Kenyatta and William Ruto, who have both announced that they intend to run for president in 2012, reject the charges, saying they are politically motivated because other contenders, who were already on the political stage at the time of the atrocities, are not on Ocampo’s list.
The suspects had appeared voluntarily before the court on 7 and 8 April 2011, following summonses to appear issued by the judges.
The Kenyan government tried to interfere and did everything in its power to bring the case back to Kenya. But the ICC’s appeals judges rejected claims Nairobi can deal with the cases itself and that there is no need for the ICC to interfere. Nairobi says that, with its new constitution, “national courts will now be capable of trying crimes from the post-election violence, including the ICC cases.”
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I think what we are trying is to run away from reality, trying to force the kenyan environment to suit us instead of suiting ourselves in it, trying to adopt what other great Nations are at the moment forgetting that time and resources have placed them there. before we can start trying Uhuru, Ruto n the likes, why cant we take the challenge of solving the problem of our maker; seeing the leaf in our brothers eyes without seeing the log in ours. Tribalism, Ignorance, Poverty n Poor literacy levels are all to blame for the 2007/2008 not those we are referring as masterminds of planning evil.
Tribalism n Ignorance is so deep rooted until even at tribe level it has resulted to nepotism. major reason to this is due to scarce resources (poverty) in our households. If we can as a country to solve this at the household level then we can have our Dream Nation.
Poor literacy levels is evidenced by the level of jobless youths in our Nation. Joblessness is due to lack of technical skills with the youths meaning poor training. Not even the private sector is ready to train (not jobs for starters or offers for training in our corporates. this is evidenced by fact that every other job advertisement requires people with experience )
If as individuals, we can shift our blames from the political class n check ourselves to remove the leafs n logs in our eyes then with time n resources we can get there where we always dream of.
Uhuru, Ruto n the likes were only trying to correct the mistakes of our maker.
Ocampo was not politically motivated .The Kenya government failed to prove beyond reasonable doubt that they could handle the cases.So Ruto and Uhuru should not cry foul . Infant it was Ruto who championed for the Hague option.At the time his slogan was "don't be vague lets go to the Hague." for more on this click on: http://www.tusijisunde.com/2011/hague-the-latest-tourist-attraction-site/
i like the proceedings at the HAGUE but let it not be in vain.we hope justice will eventually prevail.i hope Raila will also be implicated coz people were fighting for him.
kenyhan solutions is not found in HAGUE but rather let ocampo address issues that led to violence.kenyans face alot especially the poor who follow there leaders so that they can be given money.let ocampo address issue such as poverty,security and rise in economy.
oooh!ok its another time of trial in icc,after it wat do u expect as kenyans?let justice b done coz poor kenyans really suffered alot while innocent about politics issues.take time en look at those who are at camps?those who died?God help.thy were equally innocent.Why not politicians to suffer insteady?
Most of the people who have commented above are from either of the two tribes that were at the centre of the mayhem. So most of the comments are one sided and emotional, totally devoid of any aota of neutrality. The suggestion that the person who called for mass action has not been prosecuted and so the process is unfair can only be propagated by juveniles who can not think for themselves. He may have called for mass action but did he tell you to buy a machete and go kill your neighbour?
People must learn to bear their own sins.
One tribe planned to murder and evict the other which then retaliated. That is public knowledge and does not need any level of intelligence to understand.
There is a lot of talk of there will be no peace come 2012. What makes two tribes think that they are indespensible from 40 other tribes? And what makes them think that they have a monopoly of violence?
The truth is if your tribal chiefs are innocent they will be set free. But if your tribal chiefs perpetuated that mayhem it proves that they are irresponsible and unfit to lead. For that they should be hanged at the Hague.
Ocampo is doing the right thing.All eyes from Kenya and the world are looking at the hague to give us justice. Let them be a lesson to others. They committed the crime and should face the trial.
This is a political trial and it will take a drastic dimension after confirmation of which they will do it anyway to appease thier masters.
It is only the President of Republic of kenya to make a bolt decision in december after the ruling and say Kenya will handle thier matters regardless of the so call treaties membership kwani wata do/.
We need peace to prevail in our beloved country and solution of our unique problems should be locally based period.
Imagine next year is an election period and Haque trail is on this country will be polarised and you know the conseques.
Mzee Kibaki amu.
Ocampo is only dealing with those who had the gratest responsibility,then our goverment can dig deeper.
I dont know what Tabiko is waiting For he should have started proscuting the small fishes.
i strongly believe that solution of our country is not in Hague,the problem is not few individuals but communities.The seed of tribalism has been growing among ourselves.The so called justice doesn't embrace the spirit of good neighborhood and thus its an enemy of reconciliation that realize eternal peace.According to the situation in kenya some communities are becoming bitter about the other,who are seen as enemies of their political & economic achievements.You do u think kenya will realize peace by jailing 6 men??? We should go to root cause of our problem rather than been blackmailed by so called justice.Let us not celebrate its too early.....
The good citizens of the beloved country Kenya,write anything u wish to be read, but remember there is the power of the word.
We all know that we are independent nation so there is no way british can interfere with our affairs'let justice prevail we know who cause the violence if he was a pure why didn't he accept that he is a losser after all struggle he did not sit on that seat.the ocampo six are innocent the one who is guilty is no where to be seen.God knows where the truth is.let us keep on watching.
the tribal crises in kenya is a mess which was left by kenyan colony which used divdd and rule
now the whites are back
does itmean justice does not exist in any african countries ?
was icc made for african countries and arabic countries ?
now how can they justify their justices if they leave key players out
even if you fail to post my comment it is true,
kenya will now be highly divide and annan should prepare to come back.
the world should understand that it was not icc which brought peace in kenya
if icc could prevent injustice where was it at the time of violence !
it has failed to bring into question the key violence shooters infact it is protecting them
it has been mentioned by witness that raila has a case
for that reason he should go and defend himself
otherwise now kenyan will figt agaist one tribe
which is gaining favor from icc and caused violence
imagine no one
that is injustice of high order
lets we pull out of icc
hury up
The chiken are comming home to roost,going by the responses of yesterdays interogation/cross examination of one Katee,at the ICC,i can only conclude that a white lie is a white elephant project and a tall oder,you can only lie or constract`truth that far`,only to be conerd between a rock and a very hard sufface,it appeard to me like Katee was a prosecution witness,as opposed to a deffence witness,he simply confirmed all the allegation that Ocampo has heen leveling against the six suspects without even an iota of contradiction.
NO ! NO! way, guys icc is deepening hate among kenyan tribes
we know who called for violence .icc is messing kenyans by failing to call justice to all but to some , because the key player of violence is absent
he has been left out .where is justice now.key players are not there and in there absence it is being mentioned that they contributed to violence by the witness !if at all icc was seeking for true justice for all,then let it call real criminals for execution
warning ! now 2012 will mean 41 tribes will punish one tribe,politicaly ,socialy, economicaly....... which has been left out and its leader is the one who called for violence
so for heveans sake lets we pull out of icc
it has no justice at all! itis a decor of american leader who are of kenyan origin and are protecting their tribe back here which is very violent
NO ! NO! way, guys icc is deepening hate among kenyan tribes
we know who called for violence .icc is messing kenyans by failing to call justice to all but to some , because the key player of violence is absent
he has been left out .where is justice now.key players are not there and in there absence it is being mentioned that they contributed to violence by the witness !if at all icc was seeking for true justice for all,then let it call real criminals for execution
warning ! now 2012 will mean 41 tribes will punish one tribe,politicaly ,socialy, economicaly....... which has been left out and its leader is the one who called for violence
so for heveans sake lets we pull out of icc
it has no justice at all! itis a decor of american leader who are of kenyan origin and are protecting their tribe back here which is very violent
Just why pretend that we kenyans don`t know the true origin of the skirmishes. why sacrifice afew while the house should be full?
Get the whole lot of the perpetrators and justice will be seen done.
The `alter` at the Hague does not look holy as several of the lords of war remain free masquareding the peace makers.
others are contending the highest offices yet they blew the whistle to begin violence, they were the refrees and patrons of the same.They were very sure of the way Kenya would go if they lost the election. Surely, it is ironical that it was exactly so!!
Ocampo, come for the true criminals now!!
In kenya, no case upon the prominent people goes through. No justice is ever done. You can hear today that one stole, killed, involved in corruption, anglo leasing, golden bag, killed mboya, jm kariuki, Dr. Ouko etc --- but after two days you will hear from the news that he is not guilty and is set free and can now continue to be a minister and must be paid for his time wasted ( this amount will now involve millions of poor people in kenya). I WONDER WHERE OUR LAWYERS ARE TRAINED. MY QUESTION IS, DO THEY ALSO DO THE RIGHT COURSE OF LAW? that is kenyan law. NOW WE ARE WAITING FOR HAGUE'S LAW.
The solution is not in the Hague at all.41 tribes have been hunting one tribe so this is a case solved by Kenyans to know the cause of this brutality. This have been recurring after every five years and it will happen come 2012 not unless solved by Kenyans.
The solution is not in the Hague at all.41 tribes have been hunting one tribe so this is a case solved by Kenyans to know the cause of this brutality. This have been recurring after every five years and it will happen come 2012 not unless solved by Kenyans.
First we need prof, secondly testimonies and the live evidence from the root, am sure here many will be brought in to justice. even displaying the pictures will also make these people out to face their respective punishments.
well, i think what the ocampo is doing is to show the Kenyans that you can't bring the low into your hands. in the might name of the Lord our Creator, all are equal. So ICC try to show the world what you got. coz what we saw on video is not human at all.
i used to live in kuresoi. i saw the kikuyus beings shot with allows. i went to the forest to fight for my community and if it happens again i will do the same. my eyes saw horror and horror became part of every fight i fought. there will never be justice for the friends i lost to poisonous arrows. And to all those who criticize mungiki this is just an outfit of sons of MAUMAU, fighting for what their fathers were fighting for.
vengeance is not fairness but i will not cower from fighting for this community even if the 41 tribes are all against one. JUST FIND A BETTER SOLUTION. IT IS NOT IN HAGUE. IT IS IN KENYA. CALM THE TIDES OF TRIBALISM AND START SEEING ALL KENYANS AS EQUAL AND PEACE WILL PREVAIL. OTHERWISE 'AN ALLOW SHOT IN DARKNESS IS COUNTERED BY ANOTHER OF SAME MEASURE.' We too need peace
LET THOSE FOUND GUILTY PAY FOR IT.WE BORE THE BRUNT OF IT.THEY SHOULD ALSO FACE THE MUSIC.PEOPLE LIKE ANONYMOUS SHOULD SHELVE THEIR TRIBALISTIC TENDENCIIES AND LET THE RIGHT THINKING KENYANS COMMENT ON ISSUES.I WONDER IF HE'S ONE OF THE OCAMPO SIX.SHAME ON YOU.
RIGHT THINKING KENYANS LIKE KARIUKI SHOULD BE BORN.
I happen to be a victim of ethnic clashes since 1992 and in 2007 I happened to witness what was going on and if u thinks u will get justice through uncoordinated investigation like the one done by ICC prosecutor, I think we have lost our steps as Kenyans. It was hilarious to see prosecutor naming the areas that was attacked by so called Mungiki with a lot of confidence and even Kapkures was in the list. To those who don’t understand what was happening were really torched by a well coordinated desk top research but to us who understand the course of PEV we were shocked and we knew that we will never get justice.
I happen to be a victim of ethnic clashes since 1992 and in 2007 I happened to witness what was going on and if u thinks u will get justice through uncoordinated investigation like the one done by ICC prosecutor, I think we have lost our steps as Kenyans. It was hilarious to see prosecutor naming the areas that was attacked by so called Mungiki with a lot of confidence and even Kapkures was in the list. To those who don’t understand what was happening was really torched by a well coordinated desk top research but to us who understand the course of PEV we were shocked and we knew that we will never get justice.
I happen to be a victim of ethnic clashes since 1992 and in 2007 I happened to witness what was going on and if u thinks u will get justice through uncoordinated investigation like the one done by ICC prosecutor, I think we have lost our steps as Kenyans. It was hilarious to see prosecutor naming the areas that was attacked by so called Mungiki with a lot of confidence and even Kapkures was in the list. To those who don’t understand what was happening was really torched by a well coordinated desk top research but to us who understand the course of PEV we were shocked and we knew that we will never get justice.
It is great that some truth should be shed.I don't hate the Ocambo six but if it were the government prosecuting we could not have gone far ,Why is Kivuitu who brought all these hatred at large?Another election is coming and as a Kenyan I hate to be cheated openly,that is nature.Never cheat in election again.
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