ICC Ocampo rooting for ODM political side before 2012; Kenyans say

Nairobi (Alshahid) – A majority of Kenyan’s especially in the rural areas have began to get massively convinced that ICC prosecutor Moreno Ocampo is probably receiving briefs from PM Raila Odinga’s ODM section.

This has been confirmed through demands by Prosecutor Luis Moreno-Ocampo that Mr Francis Muthaura steps aside from office immediately.

Yesterday Ocampo declared he also wants to ensure Uhuru, who doubles up as Finance minister, has no influence over local processes relating to the ICC.

Curiously, Ocampo spoke a day after ODM in its letter wrote: “Because of the significant positions held in, and influence the suspects wield within Government, they are the ones spearheading the deferral request as a means of defeating the cause of justice. Ultimately, the six suspects the ICC has summoned intend to use the deferral, if granted, as the basis for perpetuating the culture of impunity in Kenya.”

However, several ODM MPs said they would write to the Security Council, asking it to ignore a letter from the ODM that challenges the government’s efforts to have cases against the “Ocampo Six” postponed.

MPs Charles Keter, Joshua Kutuny and Julius Kones said a letter signed by ODM secretary general Anyang’ Nyong’o did not represent the party’s position.

“It represents the view of a section of the party,” Mr Keter said

He threatened the six suspects with detention if they interfere with his witnesses or subvert investigations when ICC investigators come to seek witness testimony in Kenya.

Ocampo insisted the Head of Civil Service has to let go of his office because it allows him undue influence over witnesses and police — given that he chairs the National Security Advisory Committee.

Speaking on a teleconference with journalists, Ocampo, who has vowed he would make Kenya an example to the world on impunity, said he wants to present his new evidence on April 7 when six individuals appear at The Hague. He also announced he would file appeals against some of the findings of the two judges who agreed to issue summons for the ‘Ocampo six’.

Ocampo, however, seemed to suggest to the President, whom he announced he would write to this week, to move Muthaura to a position where he would not be in direct contact either with witnesses or police.

“I shall ensure that Muthaura has no connection with the police. We will send a letter to the Kenya government on this… Before we take testimonies in Kenya we should be sure Muthaura is not in charge of the police. If he remains in charge (of anything) he should (at least) not be in charge of police,” he declared.

Dr Alfred Mutua, who takes his orders directly from the President or through Muthaura, who is his immediate boss, accused ICC of belittling Kenya by communicating the prosecutor’s desire that the Civil Service chief step aside, through the media.

“We want to be sure that should Mr Muthaura remain in power, he has no power over the police service,” Ocampo said. He disclosed he would gather new evidence from Kenya, subject to the condition Muthaura and Uhuru were not in control of the police and the Witness Protection Programme.

While one judge totally rejected Ocampo’s case, the other two who agreed to issue summons also rejected some of the accusations made by the prosecutor. In the videoconference with Kenyan journalists, Ocampo enumerated his plan of action including his intention to meet Kenyan tribal elders to “explain to them the ICC process”.

Dr. Alfred Mutua the government spokesman was explicit: “In the meantime, the status quo prevails, as the Government awaits to receive the letter alluded to by ICC Prosecutor Moreno-Ocampo. Thereafter, the Government will state its position.”

For emphasis he put the words ‘status quo’, which means ‘current state of affairs’, in capital letters.

“Before we disclose to the Kenyan Police about witnesses in Kenya, we should be sure Mr Muthaura is not on top of the police. We want to be sure the police will not be protecting his interests,’’ added Ocampo.

His demands came a day after Orange Democratic Movement, which is led by Prime Minister Raila Odinga, wrote to the United Nations Security Council — which Kibaki’s side has been lobbying to secure deferral of Kenyan cases.

The other individuals facing cases at The Hague are: Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, Postmaster General Hussein Ali and Kass FM Radio presenter Joshua Arap Sang.

In his first application to the judges, Ocampo had requested the judges to order the suspects not to interact but the request was declined. If this order were issued, it would effectively have made Muthaura incapable of functioning since he would have been blocked from meeting Uhuru who is Finance minister.