Kenya: Who Is Fixing the “Ocampo Six”?

Ruto and Uhuru are paying for the consequences of rubbishing the ICC

Even before the ICC delivered summons to the “Ocampo six”, there was no doubt in the minds of top suspects as to who was pulling the strings from behind. According to Deputy Prime Minister Uhuru Kenyatta and former Higher Education Minister William Ruto, the master mind behind the ICC project is Raila Amolo Odinga and the motive is to keep them off the 2012 Presidential race.

Converting Raila into a punching bag as part of accounting for their woes has now become routine especially at political rallies. The energy expended by both Uhuru and Ruto in tagging Raila as “the High Priest” responsible for stoking the fire in the ICC hell has been enormous. However, answering the pertinent question as to “who is fixing who” in the situation calls for a closer look at the aggregates in the Kenya ICC equation.

According to a Wikileaks cable dated November 4, 2008, the names of both Uhuru Kenyatta and William Ruto were contained (with other names) in a sealed secret envelope that was handed over to Kofi Annan during the presentation of the Waki Report that was commissioned to investigate the PEV. The cable confirms that US Ambassador, Michael Renneberger, had an inkling of the names in the secret envelope because the Cable proceeded to name Uhuru and Ruto as possible suspects whose prosecutions by ICC were likely to benefit Raila Odinga, Martha Karua and Musalia Mudavadi.

Renneberger’s approximations were based on the premise that the cases would proceed to the ICC if Kenya failed to set up a local Tribunal. Paradoxically, Raila was one of the key politicians fronting for a local Tribunal at the time the said Cable was authored while Ruto and allies were campaigning for the ICC option believing that the process would be long drawn. Focusing on Odinga, and assuming that the names of both Ruto and Uhuru were in Waki’s secret envelope, the only logical conclusion is that if Odinga is the King pin fixing Uhuru and Ruto, then he must have fixed the Waki Report and influenced the content of the secret envelope. Could this have been possible?

The Kenya National Commission on Human Rights (KNCR) published a Report titled “On the Brink of the Precipice: A Human Rights Account of Kenya’s Post 2007 Election Violence”. According to this Report, Ruto and Uhuru were key masterminds of the PEV. To underline their concerns, the two politicians tried to get their names expunged from the Report and Uhuru even went to court but his case was rejected. Once again, if Raila Odinga was the main fixer of both Uhuru and Ruto, then he must have masterminded the inclusion of the two names in the KNCR’s Report and influenced the Court to dismiss Uhuru’s case. Could this have been possible when the President of the Coalition government is a person who has identified Uhuru Kenyatta as his possible successor? Was Kibaki sleeping on the job when Raila was allegedly scheming?

Kenyans need to look beyond the current blame game and focus further to establish the main forces driving the country’s politics. Both the United States and the European Union have been extremely concerned about the situation in Kenya because the country is their hub of activity in East and Central Africa. Sadly, a repeat of the PEV or a new round of political instability in Kenya will have far reaching consequences to both the United States and European governments than to the people of Kenya.

Stretching Ocampo to the limit
These are the powers that controlled the process that led to the signing of the National Accord by forcing both Raila and Kibaki to share power after fixing Kofi Anan to negotiate the process. They are the same powers that control the ICC and the same forces that have been issuing visa bans to top Kenyan politicians to prevent them from travelling to their countries on grounds of corruption. They are the same powers that will veto any attempts to defer the cases of the “Ocampo six” through the United Nations. From the Cables, the United States has met almost every key politician in Kenya to panel beat them into towing the line and from these Cables, both Ruto and Uhuru have been summarily dismissed, either as anti-reformists or heavy consumers of alcohol. Trying to blame Raila Odinga for the ICC process is cheap and myopic.

According to the US State Department, the US government was losing 500 million USD per week during the PEV. In 2012, another election-instigated chaos in Kenya will be unmanageable and this is the nightmare scenario for Western powers who have been fueling the push for institutional reforms in Kenya. The US and British governments could put a stop to the ICC process if they wanted to by simply getting the Kenyan case discussed at the UN Security council then lobbying for a deferral but they are not doing so.

These governments will block the process that may save the “Ocampo six” because politically, they don’t value Ruto and Uhuru. They are already warming up to a possible Raila Presidency because they view Odinga as the only possible hope for Kenya. Unfortunately, Ruto and Uhuru, together with their sycophantic allies, are too blind to see the hand of Imperialism in the process. Surely, can Raila Odinga convince the US and British governments to employ their veto power at the UN so that Ruto and Uhuru can be nailed by the ICC? If Raila can do this, then his powers ought to be elevated to that of a Super power to open the way for him to play a role in International politics.

Ruto, Uhuru and their anti-ICC campaigners have pushed ICC into a corner and stretched Ocampo to the limit. Either, the Court has to flex its muscles or risk being seen as useless on the International scene. Both Ruto and Uhuru have rubbished the ICC process and when Ocampo came to Kenya, they said that he came “for a cup of tea”. When the ICC President came to Kenya to encourage the government to talk to the Court directly instead of resorting to “shuttle diplomacy” to lobby members of Africa Union, he was ignored and given a very low reception. It should not be surprising that the summons were issued at a time when the government had just engaged in the second round of shuttle diplomacy to get the UN to defer the cases.

Further, the evidence gathered by Ocampo has been rubbished by Ruto and Uhuru. The anti-ICC forces have been expending their energy, accusing the Court of inefficiency and attacking Ocampo for being used as a tool for the settlement of political scores. Spin doctors have been brought to malign ICC and to paint Ocampo as an evil force who cannot dispense justice. Under the circumstances, the ICC has to show that it has teeth and can bite. For this reason, it is unlikely that the “Ocampo Six” will evade trial by ICC and therefore, diverting attention to Raila Odinga is a waste of time.

The United States government does not like Ruto because of his anti-reform posture while the Administration is unlikely to settle for Uhuru Kenyatta as next President because a third Kikuyu President immediately after Kibaki is only possible through a new round of rigging that will spell fresh chaos in Kenya. After the Kikuyu ruling class rigged elections in 2007 and installed Kibaki at night as President, millions of Kenyans are looking for a break with the argument that Kenya “does not belong to the Kikuyu”. Thinking Kikuyus agree and it is only lumpen Kikuyus who believe that there is nothing wrong with a third Kikuyu President after Kibaki’s election theft.

The issue of the Kenyans will come up for discussion at the United Nations on Wednesday, March 16, 2011 and my take is that it will be dismissed. Raila has nothing to do with it and the faster Ruto and Uhuru understood this point, the better they will be able to deal with a serious political crisis that threatens to hammer the final nails on the coffins of their political careers in the Republic of Kenya.

Okoth Osewe


  • Peter L.Akhonya

    Before I give my opinion about Ruto and Uhuru,I want to tell the whole World to know much about where Kenyans minds are. I want to tell my brothers Kikuyus tribe that they should respect Raila Odinga 1,000x times for them to have what they have acquired and think it is their right to hang on leadership or powers to retain Presidency in Kenya which they have corruptly enacted their own clause of succession of Presidency and yet they know very well that we don’t have a such law in our both Kenyan constitution.

    Now the point is this; Without Jaramogi Oginga Odinga the father of Raila Amolo Odinga Kenyatta could have not seen anything called Presidency of Kikuyus in Kenya. Oginga campaigned for Kenyatta day and night without resting going in every region to persuaded KADU party which was ready to lead Kenya to have sympathy on Kenyatta who was detained at Kapenguria Prison with other Kikuyus and Ngei (Akamba) Ochieng’ Oneko (Jaluo) While Robert Ngala from (Coast)Masinde Muliro (Luhya) were fighting for Kenyatta to be released even they built a first House for Kenyatta to use when released.That is the white plain truth I witnessed personlly in 1952 onward. Where was Mt.Kenya succession and Ruto and Uhuru by then to lead Kenyans?

    Ruto and Uhuru are insensate and very totally blind and those people following them are ignorants who does not know anything concerning Politics. Kenyans know very well what Kenyatta did to Oginga who installed him to be the first Kenyan President and what he did to Tom Mboya and others.

    Now Daniel arap Moi took over for 24 years, Kenyans knows what he did to Robert Ouko and others. Kibaki is in now finishing the two term of five years each what have all these 3 Presidents done for Kenyans to ask for succession? Kenyans have seen the two Kikuyus Presidents Kenyatta and Kibaki (Central Province) and are satisfied with them, no more Kikuyu will be needed to lead Kenyans. Moi has represented Kalenjins (Rift Valley Privince)for 24 years and Kenyans does not need any Kalenjini to lead again. This time is for Raila Odinga (Nyanza Province)the son of the man who installed Kenyatta to leadership. After Raila Luhya person will take over (Western Province) and others will follow. I think if we follow that gentle sytyle system no more conflict will occur in Kenya and that is why Ruto and Uhuru Kenyatta should know that than making senseless noises for nothing.

    A good question; Do these people think the other tribes in Kenya have no any educated sons and daughter who can lead Kenyans? What can happen if other tribes can also declare to use forces even by Guns or any weapons to demand leadership in Kenya can those people boasting remain the same? Which School did they attend for training which others does not know? Let us seek peace in Kenyan and unite. Otherwise if one tribe can mistakenly repeat what happened in 2007/08 that will be the end of Kenya because other sleeping tribes will join and there will be real destruction than what happened in Ruanda, it will not be for Kikuyu and Kalenjins but for all 42 Kenyans tribes who will need to know what is going on.

    Therefore the six Ocampo’s ICC group should go very peaceful to Hague without engaging other people whom Waki Commission did not name, if they know someone of their partners then they will name him at Hague. Francis Muthaura, Uhuru Kenyatta and Ali should step aside than to embarrass Kibaki.If they know they were together with him, then let them name him,and we shall hear from there.We don’t want to be told but they can tell Ocampo to hear from them. But with Presidency in Kenya, they should forget, no portion for them their regions has already done it.This term is for a different region to wards Western Kenya.

  • Well said Makosewe. My take is that Ruto and Uhuru are poignantly aware that the presidential dream has eluded them and will therefore do all they can to derail Raila, whom they view as an immediate threat to their ill gotten wealth and numerous corruption cases!It is a game of if they can’t have it, neither can RAO.

  • Let GEMA-PNU be reminded again that Kenya does not belong to Kikuyu tribe only .There are other 41 tribes in Kenya where a successor to Kibaki can come ,rather than returning another thieving Kikuyu President>Watc this one>

  • A good piece, Osewe. Uhuru and Ruto are resorting to Divine intervention and the usual “they are finishing us” mentality, which normally drives a Kenyan politician back to her/his rural roots to complain about their political enemies, to gain sympathy.

    During Uhuru’s time as MP, he has never traversed Central Kenya as he’s doing now, running from rally to rally speaking a lot of Kikuyu to demonise Raila Odinga for “sending his name to The Hague”.

    Ruto has also been among his Kalenjin people a lot since his name was announced by Ocampo, and spends time condemning Raila. Did Raila appoint Judge Waki and instruct him to list the Ocampo SIX? Did Raila instruct the Kenya National Human Rights Commission to place those names in their report that was handed over to Kibaki by Maina Kiai? Did Raila appoint Kiai at that time to be Chairman of the Commission? Did Raila instruct Maina Kiai to interview PEV sufferers and record them in films that he is publicly showing in Kenya and abroad?

    Uhuru is now blaming Raila for the eviction of the Mau settlers and also that Raila has confiscated money that is supposed to be given to the IDPs. Raila was mandated by the Cabinet to handle the Mau evictions. Is Raila the Finance Minister to refuse releasing money to the IDPs?

    There is a joke among some Kikuyus that Ocampo is a Luo because his name begins with an O; very funny! So Raila must have named him that. Anyway, let Uhuru and Ruto continue politicising the ICC issue while the real “owners” continue fixing them out of the 2012 elections.

    Below, listen to the sober Muthoni Wanyeki and her team explaining what the SIX should be expecting:

  • Am not a lawyer but legally, how can Kibaki and his shuttle diplomacy team ask for a deferral when there is no case so far? Yes, the SIX have been named by they are not guilty, meaning there is no point asking for a postponement of their case. This can only be asked once there is a case against them. A complete waste of Kenya’s tax money by Msaliti Kalonzo. He now includes asking for justice for the “victims and IDPs” when mentioning the Ocampo SIX. The shuttle diplomacy is not for the victims but the suspects. The IDPs have been suffering for almost 4 years now, and pretending to discuss them now is just for political mileage.

  • KALONZO: What was your argument exactly during the Shuttle Diplomacy? It is almost four years since the PEV and u are dining with the accused and planning political moves for next year with Uhuru and Ruto! Nobody has been charged and IDPs still in camps! 1000 plus people died and no courts or government cares. No local tribunal. How can you face anyone and ask for deferral? Aren’t u embarrassing yourself and us as a country?

  • Mr. Akhonya #1, thanks for giving us that history between the late Jaramogi Odinga and Jomo Kenyatta, which shaped Kenya’s politics to where it is now. We need to revisit such matters continually to know the causes of many of the current political problems affecting the Kikuyus and other communities due to wrong leaders. Unfortunately, very few Kikuyus can handle the truth.

    The Kikuyus widely believe that they deserve the greatest chunk of the “Independence cake”, thus the current numerous number of Kikuyus appointed to key public positions by Kibaki. However, the history of Kenya has very many non-Kikuyu Independence war heroes and heroines. The bitter truth is that Jomo Kenyatta exiled a lot of Kikuyus to the Rift Valley because he grabbed huge tracts of land in Central Province and was not ready to share this with the Mau Mau survivors who returned from the forests to reclaim them land.

    The money given by the British to compensate such people was used by Kenyatta and his Kiambu Mafia together with Kibaki and other influential Kikuyus, to establish holding companies that would then “buy” the huge tracts of land and own then legally. The truth is this was the same British money that was laundered for the scheme to deprive many Kikuyus their rightful land in Central Kenya.

    Read this piece of history below to understand that Kenyatta was a true land grabber:

    Many settlers were returning to Britain. Kenyatta and his cronies quickly formed the Settlement Transfer Fund Schemes (STFS) and asked the British for a loan to the Kenyan government, to buy off land from colonial settlers returning to Britain. Good idea up to this point.

    Britain, having been reassured by Kenyatta that those settlers still wishing to stay on in Kenya would not have their land repossessed, advanced the money. This money was used to buy settler land which was officially sold into the Kenyatta initiated Settlement Transfer Fund Schemes (STFS).

    Next, Kenyatta began to give away and sell for peanuts, these government (STFS)-acquired, former colonial land parcels, to himself, his family and cronies around 1964 and 1965. This is the point when the rain started beating Kenya.

    Kenyatta’s then Vice President, Jaramogi Oginga Odinga, cried foul and rejected these acts of wanton land grabbing. The opportunity to choose nationalism and selflessness over greed and ethnic tendencies was lost. Rather than address this land issue once and for all, Kenyatta opted to REPLACE the settler colonialist in land they had initially grabbed from natives. We have began harvesting the seeds of the mustard sown by Kenyatta in the 1960s. It will not be sweet at all.

    The Seroneys and other Nandi and Kipsigis leaders immediately cried foul when Kenyatta ensued in his land grabbing tendencies. So were many Maasai and Miji-Kenda leaders like Ronald Ngala. Their cries were feeble and over run. Today and tomorrow, their descendants will demand justice and
    restitution in an exercise that threatens to tear apart Kenya’s social fabric.
    Who will shoulder the burden of the fruits enjoyed by Kenyatta and his cronies, Moi and his cronies, and Kibaki and his latter day cronies? Will it be the poor Kenyan taxpayer taking the bill in form of blood, and more taxes?

    Going back….down memory lane….. in the immediate post-independence era, the moment, the Seroneys and Ogingas started crying foul, and nothing was done, we entered a dangerous phase of our nation’s socio-political path.

    The political leadership of Kenya began carving out into two distinct groups. The pro-Kenyatta land beneficiaries, sycophants and apologists were Tom Mboya, Daniel Moi, Paul Ngei and others. Another force resisting the greedy post-Independence governance by Kenyatta was led by Jaramogi Oginga Odinga, and included several former KADU operatives like Ronald Ngala, Jean Marie Seroney, Masinde Muliro, Martin Shikuku and others.

    Kenyatta soldiered on with his grabbing. He concurrently went ahead with the help of Tom Mboya to change the constitution to give immense imperial powers to the Presidency. He further began using such powers to allocate more land to his cronies and sycophants.

    His salivating appetite for Rift Valley land largely motivated his choice of Rift Valley natives as Vice President after Oginga Odinga. First he chose a Maasai, Joseph Murumbi, who read the scheme of land-betrayal on his people and resigned in a huff.

    Then Kenyatta selected Daniel Arap Moi, a Tugen not drawn in the Nandi and Kipsigis land battles, as his next loyal VP. He then descended upon grabbing Rift Valley and Coastal land in a business as usual and “mtafanya nini” attitude that Kibaki is emulating today.

    Kenyatta cronies including Mbiyu Koinange, Njoroge Mungai and others devised a clever scheme to further benefit themselves from the land transferred from the colonialists. They formed land-buying companies through loans which were actually funded with tax-payer money.

    At the height of land buying companies, most of the power brokers acquired huge chunks of land at the expense of the landless, who were meant to be the initial beneficiaries of the scheme.

    According to Widner (in her book), by 1971, more than 60% large-scale farms around Nakuru and 40% of small scale settler farms, were held by Kikuyu, who fared very well from this arrangement, at the expense of other Kenyan communities.

    Another scholar noted that “Using the political and economic leverage available to them during the Kenyatta regime, the Kikuyu, took advantage of the situation and formed many land-buying companies. These companies would, throughout the 1960s and 1970s, facilitate the settlement of hundreds of thousands of Kikuyu in the Rift Valley,” wrote Walter Oyugi in Politicised Ethnic Conflict in Kenya: A Periodic Phenomenon.

    In 1969, Jean Marie Seroney, a leading Nandi politician and MP, issued the Nandi Hills Declaration, laying claim to all settlement land in the district for the Nandi. His demands went unheeded.

    Aping the British, Kenyatta government used a policy of divide-and-rule to neutralise such opposition by parcelling out land to other ethnic groups and thus winning their allegiance. Daniel arap Moi, the then Tugen vice-president was allocated the settler farms of the Lembus Forest and the Essageri Salient to divide the Tugen from the Nandi like Seroney.

    To be continued…

  • “The more Uhuru and his cohorts in Rift Valley and Central provinces obsess with Raila, the more I am convinced that his real issue is not with Raila – it is with the people. Uhuru, like his father, is afraid of a different social order in which the country does not belong to a few, in which leadership is by merit and not inheritance, and in which people are more important than the leaders who represent them.

    It angers him that Raila – either by design or by coincidence – seems to be on the same side as the people. And the more he attacks Raila, the more he makes Raila a symbol of people power.

    No wonder the feeling among many Kenyans that Uhuru treats Kenya like disposable property inherited from his father.”

    By Mundia Njoya (African Affairs)

  • The Hague issue is immensely going to destroy the reputation of the two in the long run, not only outside the areas they enjoy huge support.Their chances of missing out of the 2012 poll is high and for instance people like Peter Kenneth might come in the full limelight of the Mt. Kenya region if not Martha Karua- he hasn’t said anything yet about his presidential ambitions but speculations are already spreading which is a clear indication of an endorsement by the people who appreciate his efforts in nation-building.

  • Joab S WMundia

    Read for yourselves How an evil Bishop had to adress Pev criminals in Eldoret Church in athe same District where they tossed Kikuyu chidren,men &women in a inferno inside the Kiambaa Church!
    In the prayers, the interdenominational clerics asked the six to remain courageous.

    The clerics equated the Ocampo Six to the biblical martyrs and the sacrificial leaders of the pre-independence period who played a key role during the struggle for independence.

    “You are like Shadrack, Abednego and Meshack who overcame trials in the Bible and our freedom fighters that liberated the country from the colonial powers,” said the bishop of Eldoret Diocese ACK, Dr Christopher Ruto, who presided over the prayers assisted by Bishop Patrice Chumba of AIC North Rift Diocese.

  • Wakenya Embu Mu-Enjoy Uhuru Kenyatta Impunity When he was adressing (Mungiki) thugs in Thika/Githurai/Ruiru in the heart of His criminal gangs>

  • Where are watu wa mungu in Stockholm in this time of Hague crisis>HomeOp/EdLetters Letters

    Why’s the church silent as Hague debate rages?

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    Posted Sunday, March 13 2011 at 16:13

    In the history of struggles, the Church has played a significant role since freedom and justice are divine.

    Here in Kenya, the clergy has reached a spiritual and moral death.

    The men and women of God have abandoned their divine calling of serving God and humanity.

    They are nowadays not concerned about anything but themselves.

    Preachers are no longer the Morris Cardinal Otungas, Henry Okullus or Alexander Muges that we used to admire.

    What they mind is financial and economic gain from their highly publicised ministries, some with very peculiar names.

    They are silent about The Hague debate because some are partakers of this satanic cup of ethnicity.

    They are quiet on the tension our political leaders are creating because they also support different camps.

    Their failure to provide moral, spiritual and political guidance led to the post-election violence.

    Not even their prayers and miracles could prevent this from happening.

    This is a big moral and spiritual tragedy of the Church. Church leaders are supposed to be watchdogs of society.

    They should give guidance and ensure peace, righteousness, freedom and justice reign.

    Malcolm X once said: “I believe in a religion that believes in freedom.

    Any time I have to accept a religion that won’t let me fight for my people, I say to hell with that religion.”


  • Thiongo Murigi

    PNU & Gema together with Beth Mugo Uhurus Cousin has said in a Press Conference that UHURU&Muthaura wont resign no matter What?>

  • Uhuru really cares for his Kikuyu IDPs:

  • In Kenya the super rich Africans have no time for the poor youth so it takes a Muzungu effort to sponsor underprivileged Kenyan girls to participate in a beauty contest. Why can’t those female MPs do something interesting for such girls? Instead, they are busy wrangling with their male ‘Mad People’ (MPs) trying to outshine them in corrupt acts and arrogance, in their network of impunity. We salute these people who bring some ray of hope in these young women. Just listen to how the winner is grieving about the youth being sidelined:

  • Blaming Raila for everything:

    IDPs remain in the camps, yet Uhuru has not released money to resettle them – blame Raila because he pushed them out of their Rift Valley homes.

    The PEV – Eh, it was Raila who sent Kenyan security forces and Mungiki to kill non-Kikuyus in Kisumu, Naivasha and Nakuru.

    People are suffering from drought and hunger in Turkana and Ukambani because Raila talked to the rain gods not to bring the rains.

    Kibaki is wearing wet diapers – blame Raila for not changing them.

    Ocampo must be a Luo because his name begins with an ‘O’ – blame Raila for giving him the name.

    Ruto and Uhuru are likely to miss the elections in 2012 – blame Raila for sending their names to The Hague.

    Kibaki stole elections in 2007 – because Raila never gave him the chance to win honestly.

    I cheated on my wife – blame Raila for sending me the woman I cheated with.

    Sally Kosgei said the flag on her ministerial car is only for evading traffic congestion in Nairobi – blame Raila for giving her the post.

    Kalonzo Musyoka’s shuttle diplomacy is a waste of money and will not succeed – blame Raila for sending him on it.

    The Ocampo 6 are off to the Hague – blame Raila who wanted a local tribunal from the beginning yet was rejected by Uhuru and Ruto, among other politicians.

    According to Uhuru, the country cannot run because Raila says so – OH, blame him for the biased judicial nominations by Kibaki. He actually nominated them while Kibaki was snoring on the job.

    Blaming Raila for everything bad in Kenya is a sarcastic list showing how Railaphobic his enemies are.

  • You cant fool the people all the time Kenyans of today are not kenyans of yesterday>Who sits in treasury ?Is it Raila Or UHURU KENYATTA>(Gentiles) are not allowed to be near the treasury>(here)> Gentiles means >Other Kenyan tribes who are not KIKUYUS (GEMA).

  • Here is the Ruto wing of ODM fighting a useless fight against Raila, yet support when Kalonzo uses taxpayer’s money for the nonsense shuttle diplomacy:

  • Letter from ODM to the UN Security Council opposing ICC deferral of the Ocampo 6 cases:

    Your Excellency,


    It is my pleasure and privilege to refer to the ongoing International Criminal Court proceedings relating to Kenya and the deferral request made by a section of the Government of Kenya to the United Nations Security Council.


    The Permanent Mission of the Republic of Kenya presented to the United Nations and to all the Permanent and Observer Missions to the United Nations an Aide Memoire titled “Kenya’s Reform Agenda and Engagement with International Criminal Court (ICC)”.

    Kenya’s Vice-President, H.E. Kalonzo Musyoka has led a delegation to the UN Secretary General to discuss the Aide Memoire, alongside the Communiqué of the 17th Extra-Ordinary Session of the IGAD Assembly of Heads of State and Government on Sudan, Somalia and Kenya, and the African Union Decision on the Implementation of the Decisions on the International Criminal Court on the deferral/referral of the Kenyan Cases at the ICC.

    It is important for the UN Members, the Security Council and Secretary-General to have a complete picture and understanding of the situation in Kenya before making any determination on the Aide Memoire from President Kibaki.

    This petition presents a set of incontrovertible facts which will assist The Security Council and other interested parties to understand why the Kenyan Cases at the ICC should neither be deferred nor referred. These facts justify why the ongoing ICC process is the best and only means of securing justice to the innocent victims of Kenya’s post election violence of 2007/8. It is imperative to underline the fact that the institutions, groups and individuals that were allegedly involved in the planning and execution of the crimes against humanity during the 2007/8 post-election violence in Kenya continue to operate unfettered and occupy important positions of power within and outside government.

    Sixteen Reasons Why the Kenyan Cases at the ICC must neither be Deferred nor Referred to Kenya:

    • The prosecution of the Kenyan Cases at the ICC does not pose any threat to international peace and security. To the contrary, failure to bring to justice the perpetrators of post-election violence poses grave danger to Kenya’s internal peace and security.

    • The ICC process was unanimously approved by the two parties under the Annan-brokered National Accord, and the instruments that paved the way for the process were signed by both the President and the Prime Minister for and on behalf of their respective political parties, which form a coalition.

    • The great majority of Kenyans (more than eighty per cent) support the ICC process as the most credible method to fighting the culture of impunity in Kenya. Surveys by leading institutions in the country have repeatedly confirmed this position.

    • Local (Kenyan) trials will be exposed to:

    o political manipulation by leaders pleading the ethnic card;

    o threats to witnesses, their families and friends. Indeed, many witnesses have been hunted down and killed by State security agents; and

    o undue delays engineered by frivolous and vexatious applications.

    • Local trials are not possible at the moment as there is no national judicial mechanism in place to handle the cases. There have been no investigations and prosecutions since the crimes were committed more than three years ago. Moreover, the criminal justice system has not been reformed to enable it to handle the cases. Although Kenya has enacted the International Crimes Act, it is in doubt as to whether Kenyan courts have jurisdiction over the international crimes committed before January 2009 when the Act became operational.

    • The judicial reforms contemplated under the new Constitution have not been implemented. The judges and magistrates have not been vetted. There is no independent prosecutorial authority.

    • The involvement of the ICC was necessitated by Kenya’s rejection to establish a national judicial mechanism to deal with the crimes committed. In fact, the Government of Kenya repeatedly made verbal and written commitments to cooperate with the ICC and indicated that if it was unable to prosecute the perpetrators of the 2007/08 post election violence by September 2009, the ICC should do so. Those written and public commitments were made by the Government to the ICC Prosecutor both at The Hague and during his official visits to Nairobi.

    • Local trials will be used to shield the suspects from justice. This was recently demonstrated by the nominations of Mr. Githu Muigai and Mr. Kioko Kilukumi to the positions of Attorney-General and Director of Public Prosecutions, respectively, while they are on record as lawyers for two of the ICC suspects. In addition, an ICC suspect chaired the Panel that identified and nominated Justice Visram to the position of new Chief Justice. Although President Kibaki was forced to withdraw his nominations through public outcry, a court order and stinging resolutions of the National Assembly Speaker, the Judicial Service Commission, the Commission on the Implementation of the Constitution, the Law Society of Kenya, the Federation of Women Lawyers and nearly all Kenyan civil society groups; it demonstrated the extent to which President Kibaki’s Party of National Unity and the six individuals summoned by the ICC would go to defeat the cause of justice.

    • The request for a deferral of the Kenyan cases pending before the ICC has been made by one side of the Kenyan coalition government, namely the Party of National Unity headed by President Mwai Kibaki. The Orange Democratic Movement headed by the Prime Minister Raila Odinga, does not support that request.

    • 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 of perpetuating the culture of impunity in Kenya.

    • The deferral request should therefore be seen as evidence that the Party of National Unity and President Mwai Kibaki are both unwilling and unable to prosecute the six suspects for the crimes alleged by the ICC.

    • Since 1992, each general election has been characterized by state sponsored violence and ethnic cleansings leading to mass deaths, evictions, rapes and arson. While there have been official judicial inquiries on these crimes, no prosecutions have ever been conducted, and no culprits have been punished.

    • Extra-judicial killings have increased significantly since 2003. The United Nations Special Rapporteur on Human Rights, Prof. Philip Alston has investigated and made far-reaching findings and recommendations. However, the Government has not taken any action.

    • Both the Cabinet and Kenyan Parliament have on more than two occasions rejected Bills for the establishment of a local tribunal for the cases and instead declared that the trials should be held at The Hague.

    • The ICC process is the only opportunity that Kenyans have to break the culture of impunity and the circle of elections-related violence.

    • In view of the foregoing the request for deferral does not qualify or merit consideration by the UN Security Council within the provisions of Article 16 of the Rome Statute, or through any other provisions. This is particularly the case because the Kenyan Situation at the ICC was not originated by a referral by the UN Security Council. Consequently, the request for a deferral is an unwarranted interference with the Court’s mandate, its independence and impartiality.

    We therefore submit that the request for a deferral by a section of the Kenyan Government be rejected as being incompetent and frivolous.

    On behalf of the Orange Democratic Movement and the Prime Minister of the Republic of Kenya, The Rt. Hon. Raila Odinga, EGH, MP, I would like to request you to bring this letter to the attention of all Council Members of the Security Council and to have it issued as a document of the Council, as a matter of great urgency.

    Please accept, Your Excellency, the assurances of my highest consideration.

    H.E. Mr. Li Baodong
    President of the UN Security Council
    For the Month of March 2011
    c/o The Permanent Mission of the
    People’s Republic of China to the United Nations
    350, East 35th Street
    New York, N.Y. 10016

  • The prosecutor of the International Criminal Court Luis Moreno Ocampo says Head of Civil Service Francis Muthaura and other suspects who violate the court’s orders against interference in evidence and links with witnesses risk having their summons to appear substituted with warrants of arrest. Ocampo wants Muthaura to be blocked from having any power over the police service a situation that puts him in an awkward position given his responsibilities as the Head of Civil Service. This, in essence would be interpreted to mean Ocampo wants Muthaura to step aside following the issuance of summonses to the suspects. But in a swift rejoinder, the government insisted that Muthaura would remain in office as the charges levelled against had not even been confirmed. Alex Chamwada with the details:

  • Ruto is so desparate:

  • Isaac Ruto at #20 lies that Raila was recently in Iran and secretly met the ICC Vice President. Thereafter, the Ocampo 6 were asked to go to The Hague and Kalonzo’s shuttle diplomacy failed. Here is the latest press release of the ICC schedule. Now can he tell us when Raila met this said VP? This MP thinks Wakenya ni wajunga kama yeye.

    Press Release (2011)
    Date By Title
    11.03.2011 Assembly of States Parties President of the Assembly visit to the Organization of American States

    10.03.2011 Northern Ugandan women join ICC staff in International Women’s Day celebrations

    10.03.2011 ICC launches Kenyan-wide TV series Ask the Court

    09.03.2011 Pre-Trial Chamber II delivers six summonses to appear in the Situation in the Republic of Kenya

    08.03.2011 Pre-Trial Chamber I commits Abdallah Banda and Saleh Jerbo to trial

    08.03.2011 Central African Republic: Celebration of “Women’s Week” in Bangui

    07.03.2011 Situation in the Libyan Arab Jamahiriya assigned to Pre-trial Chamber I

    03.03.2011 Training of journalists on the ICC starts in Brazzaville (Republic of the Congo)

    02.03.2011 Office of the Prosecutor ICC Prosecutor to open an investigation in Libya

    02.03.2011 ICC President to visit Southeast Asia

    02.03.2011 Practical information for journalists attending the ICC Prosecutor’s press conference on 3 March at 13:00 at the ICC headquarters

    01.03.2011 Questions and Answers on the ICC proceedings following the UNSC referral regarding Libya

    28.02.2011 Statement by ICC President, Judge Sang-Hyun Song, on United Nations Security Council resolution 1970

    24.02.2011 Clarification on media information regarding the ICC position on the Libyan situation

    23.02.2011 ICC Trial Chamber I rejects Thomas Lubanga Dyilo’s application for a stay of the proceedings

    22.02.2011 Assembly of States Parties President of the Assembly visit to The Hague

    21.02.2011 The President of the ICC, Judge Sang-Hyun Song, visits Addis Ababa, Ethiopia

    11.02.2011 ICC hosts welcome ceremony honouring the Republic of Moldova as a new State Party

  • Listen to this PNU MP threatening Anyang’ Nyong’o and the ODM side that does not support the OCAMPO 6.

  • The GEMA Mafia did not want a local tribunal then, so why now?:

    Muthaura said local tribunal will cause chaos- Wikileaks .
    Tuesday, 15 March 2011 00:04 BY FRANCIS MUREITHI

    Kenya risked being plunged into civil war if a local tribunal was established to try the 2007-08 post-election violence suspects, the Head of Public Service Francis Muthaura told the US embassy in 2009.

    In a diplomatic cable sent to Washington by US ambassador Michael Ranneberger on June 26, 2009 Muthaura warned against creating such a tribunal hurriedly. “With respect to establishment of a Special Tribunal, Muthaura argued that moving too quickly could and even cause civil war,” Ranneberger wrote in a cable which has now been released by Wikileaks.

    Muthaura explained that both President Kibaki and Prime Minister Raila Odinga had pushed hard for the establishment of a special tribunal but their efforts were frustrated by Parliament which rejected a constitutional amendment bill in February 2009.

    Even with Muthaura saying that both Kibaki and Raila were committed to creation of a local tribunal, Ranneberger posted a comment that their efforts could just have been a public relations gimmick and that behind the scenes they were frustrating creation of such a tribunal.“Note that Kibaki and Odinga did meet with Parliamentarians and were, extraordinarily, present in Parliament for the vote, but we have heard from multiple sources that this was largely window dressing without a strong behind-the-scenes push,” Ranneberger wrote after his one-on-one talk with Muthaura.

    According to the cable, Muthaura explained that if the government failed to convince Parliament to pass the bill to establish a special tribunal, the second option was to create such a tribunal using the existing constitution and legal structure.

    Ranneberger however objected to the second option saying the constitution needed to be amended to ensure independence of the special tribunal.

    The envoy wrote that during the meeting, Muthaura admitted the implementation of the reform agenda was slow but blamed it on the wrangles within the grand coalition government. “Although arguing that progress is being made, he (Muthaura) blamed lack of faster progress on differences within the coalition that have obscured the reform agenda,” Rannerberger wrote.

    He explained to Washington that Muthaura was blocking meetings of a special committee created in early 2009 to manage wrangles within the coalition. “We know that Muthaura does not want the committee to meet because he cannot control it,” Ranneberger wrote.“I urged that the coalition management committee be used to promote coalition coordination. The committee was established several months ago to promote coalition coordination, but has met only once,” he added.

    Ranneberger wrote that Muthaura downplayed his request that the government replace Police Commissioner Hussein Ali as part of the police reforms.

    According to the envoy, Muthaura’s position was that police reforms were not about individuals and that the government was waiting for the Task Force on Police Reforms to complete its work and recommend the reforms needed.

  • UHURU thought ICC ni ya mama yake. Now Wako instructs Kenya’s police Boss Iteere to slap the infamous Six with ICC summonses –

    Ocampo Six set to receive ICC summonses

    Attorney General Amos Wako has instructed Police Commissioner Matthew Iteere to serve the Ocampo Six with summonses to appear from the International Criminal Court.

    A highly placed source at the AG’s chambers said Mr Wako held a meeting with Mr Iteere in his offices in the morning over the summonses and later wrote a letter asking the police boss to serve them with the documents.

    On Wednesday, the AG is expects the police boss to submit to him the certificates to confirm that deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto and Tinderet MP Henry Kosgey have been served.

    “The Attorney General will tomorrow (Wednesday) be expecting to receive certificates from the Police Commissioner showing that the summonses were served,” said a source.

  • PNU Impunity defender Mp for Laikipia kiunjuri displaying arrogancy & stupidity>watc the Video>

  • Mungiki Revenge attacks in Naivasha and Nakuru –

  • The death of Oscar&Oulo

  • Hi uhuru had a right to protect his people it was a point of reflex..coz clearly kikuyus walikuwa wanamalizwa if you remember he intervened at the last minute..yes i support wha t he did Kenya ni yetu sisi wote sio ya mtu fulani Ruto was getting orders we know from who just as muthaura too so Kibaki n Raila are all to blame they all rigged in one way or the vile ICC doesn,t want to mention them for security purposes..we are clever now these politicians are the ones who have divided us nobody else..biggest problem today in Kenya is poverty not tribalism..we need to wake up n remove all these greedy politicians from power n leave it to the youth wazee waende wakalale nyumbani..even Moi shud go to the ICC..too remember molo clashes plus more etc…

  • In 2009, William Ruto preferred The Hague to a local tribunal immediately after Judge Waki had handed over the Envelope to Kofi Annan. He was then against Raila Odinga who wanted a local tribunal.Why does he now want a local tribunal? Here is the evidence, thanks to the Nation newspapers archives:

    Ruto: Why I prefer The Hague route

    Posted Saturday, February 21 2009 at 21:55

    In Summary

    •Agriculture minister wants Annan to hand over Waki envelope to ICC prosecutor without further delay

    Agriculture minister William Ruto wants the secret envelope containing names of the post-election violence suspects handed over to the International Criminal Court at The Hague without further delay.

    Mr Ruto says the two-month period given by former UN secretary-general Kofi Annan to Kenya to make a new attempt at setting up a local tribunal to try the suspects was unnecessary.

    “Kofi Annan should hand over the envelope that contains names of suspects to the International Criminal Court at The Hague so that proper investigations can start,” Mr Ruto said. “Mr Annan should allow us to move forward. We cannot just get stuck in one place addressing the same thing.”

    Mr Ruto’s latest stand contradicts the position of Prime Minister Raila Odinga, leader of his ODM party, who prefers a local tribunal.

    A government motion to set up a special local tribunal was defeated in Parliament earlier this month, raising the possibility that suspects whose names were given to Mr Annan in a sealed envelope by the Waki Commssion could be taken to The Hague for trial.

    The Hague option was to be activated should Kenya fail to establish a local tribunal as proposed by the commission that investigated the post-election violence.

    Mr Ruto – whose constituency was among those worst hit by violence — spoke during the week he weathered a storm in Parliament over a maize scandal in which brokers are believed to have benefited by trading with national food security reserves at a time when the country was facing widespread hunger.

    The minister described the attempt to pass a no-confidence motion against him as his most trying moment politically.

    “It touches the soft belly of the nation. Food and hunger are very sensitive and delicate issues. When a whole machine has been turned against you as the cause of hunger in the face of hungry people, it is very trying to try to explain your contribution. Thank God I managed to explain myself,” the minister told the Sunday Nation.

    In a wide-raging interview Friday, Mr Ruto maintained that Justice and Constitutional Affairs minister Martha Karua had approached him seeking to form a political alliance ahead of the 2012 elections.

    “She attempted to draft me into the 2012 succession game. She sent emissaries to me, and we met twice, but I declined because we had just come out of a very difficult time of violence. She has tried to deny this saying I had baggage. When did she discover I had baggage, and which William Ruto was she desperately looking for?” he asked.

    But Ms Karua told the Sunday Nation that there was no way she would have sought an alliance with “someone who has baggage over corruption cases”.

    Ms Karua has repeatedly asked Mr Ruto to “take political responsibility” and resign over the maize scandal. The matter attracted a new ally for Mr Ruto in Energy minister Kiraitu Murungi, who challenged Ms Karua to show what practical steps she had taken to fight corruption instead of asking her colleagues to resign.

    Analysts saw Mr Murungi’s stand as the purchase of political insurance from Mr Ruto should the Energy minister have to face a censure motion in Parliament over the Triton scandal involving petrol storage and distribution.

    However, Mr Murungi said that his position was informed by a principled stand against “the doctrine of political responsibility where ministers pay for the crimes of civil servants.”

    And speaking in Sotik on Saturday, Mr Ruto faulted the Waki Commission’s post-election violence report yet again, saying it was “full of rumours and hearsay”.

    He said it was misleading for the report to state that the violence had no relation with the announcement of the presidential results.

    The minister alleged that the Waki report targeted those who complained about the outcome of the last General Election while leaving out those who he claimed engineered an alleged electoral fraud.

    And for a third time, the extent of the frosty relations within the grand coalition Cabinet came out in the open.

    Mr Ruto accused Ms Karua of “doing nothing” to fight corruption and asked her to resign.

    The minister was accompanied by his Roads counterpart Franklin Bett, assistant minister for Energy Charles Keter, MPs Joyce Laboso (Sotik), Isaac Ruto (Chepalungu), Francis Chachu (North Horr) and Sotik DC Amphrey Nakitare.

    Mr Ruto said that witch-hunting would not help improve the lives of Kenyans and urged leaders to come up with coherent plans to fight corruption instead of fomenting political hate. He urged Kenyan leaders to take responsibility and lead from the front if they expect to build a united and healthy nation.

    The minister at the same time censured church leaders who publicly criticised President Kibaki and Prime Minister Odinga during a meeting at the Kenyatta International Conference Centre.

    He said it would have been more equitable had the church leaders booked appointments with the President and the PM at State House to discuss their issues.

  • Kacc instructor

    Enjoy The Thieving Kikuyus hiding under PNU Thieving Party >Jameni Kenya yetu imeharibika>watch this Video (luft fakturas)used by corrupt Rulling-class wenye Nchi>

  • UN Security Council won’t rule immediately on Kenya’s ICC deferral request

    By KEVIN J. KELLEY in New York (email the author)
    Posted Tuesday, March 15 2011 at 20:37

    The United Nations Security Council will not rule Wednesday on Kenya’s request for a deferral of its International Criminal Court cases, a UN spokeswoman quoted by the Kenyan Daily Nation newspaper has said.

    “The Security Council cannot vote” on Wednesday, spokeswoman Anne Siddall said. “The council votes only in a formal meeting.”

    The scheduled session at UN headquarters in New York does not qualify as an official Security Council meeting, Ms Siddall explained.

    She said the gathering will take the form of an “interactive dialogue” involving the Council’s 15 member states and representatives of Kenya and the African Union.

    The meeting’s purpose may thus be to determine whether Kenya’s request for a 12-month deferral should be formally taken up by the Council.

    Kenya’s UN ambassador did not reply to a Daily Nation query as to who would represent the country at the Wednesday meeting and what he or she would say.

    An AU official in New York also did not respond to a request for comment on Wednesday’s session.

    The Security Council president for the month of March – China’s UN Ambassador Li Baodong – agreed to convene the session on the basis of a consensus among council members that Kenya’s plea deserved at least to be heard, Ms Siddall said.

    The meeting will not be open to the press or public, the spokeswoman added. She said this type of unofficial, private forum allows Security Council members to “feel more comfortable about being able to express themselves more freely”.

  • Here is a provisional schedule for the UN Security Council in March 2011. Kalonzo lied that there would be an informal meeting on the ICC deferral on March 16th.

    Click to access powe.pdf

    At UN, Kenya ICC Meeting Is Canceled by Security Council, No Ban Summary
    By Matthew Russell Lee

    UNITED NATIONS, March 16 — A week after a delegation from Kenya delivered a pitch for deferral of International Criminal Court cases to UN Security Council members and reportedly Secretary General Ban Ki-moon, the Council was scheduled to meet on the topic on Wednesday afternoon.

    Inner City Press was in front of the Council, seeking to cover the Kenya meeting as well as the Council’s ongoing consultations on Libya. The sign in front of Conference Room 8 next to the Council chamber advertised the Kenya ICC meeting all morning.

    A group of Kenyan diplomats came down to the Council area at 3 pm, looking around. The sign had been changed: “Canceled.” Inside, the conference room was empty.

    “When it is rescheduled for?” Inner City Press later asked the Kenyan. It hasn’t been, they answered.

    The trip by Kenya’s vice president to meet Ban Ki-moon and UN mission had been described as a success — by the Kenyan delegation. Ban Ki-moon, in fact, never confirmed the content of his meeting. On March 8, Inner City Press asked Ban’s spokesman Martin Nesirky:

    Inner City Press: the Secretary-General met at 11:00 a.m. with the Vice President of Kenya, [Stephen] Kalonzo, and I wanted to know, now that that meeting has happened, did the matter of deferring the ICC [International Criminal Court] prosecution of Kenya arise? And separately, what is the Secretary-General’s view on such a suspension?

    Spokesperson Nesirky: Well, I need to await a readout on that meeting; so I don’t really have any further comment at this time. But we have requested a readout and I would expect one. Okay?

    Inner City Press: Would that say specifically whether ICC arose or not? I mean, I guess the readout…

    Spokesperson Nesirky: Well, as I say, let’s see, let’s see. We have asked for it and let’s see what happens.

    But no read out was ever given. And now the Security Council’s meeting on Kenya and the ICC has been canceled.

    In fact, a Council Permanent Representative earlier in the month pitched the Press on the argument that the Security Council need not, or even cannot, vote to suspect ICC action on Kenya, since unlike Darfur in Sudan, the Council did not refer Kenya to the ICC. Whatever the merits of the argument, the unceremonious canceling of the Kenya ICC meeting may speak for itself.

  • Post-election Kiambaa fire survivors oppose deferral bid

    By James Munyeki

    Survivors of the Kiambaa Kenya Assemblies of God Church fire tragedy have opposed Government’s move to seek deferral of cases at the International Criminal Court.

    The 24 survivors who live at Rironi Camp in Kipipiri District opposed any delays in prosecuting suspected masterminds of post-election violence.

    They said the deferral bid was against their wish and would deny them justice.

    “We have been waiting for justice all this long and every day that passes without anyone being made to face trial amounts to a denial of justice on our part. These same politicians caused the violence that shattered our lives forever,” said their chairman Anthony Ng’ang’a.

    Mr Ng’ang’a said it was unfortunate that politicians were using their plight to gain political mileage in the quest for power ahead of 2012 General Election.

    They said they were ready to testify at The Hague to ensure justice is served and those who killed innocent Kenyans face the full force of the law.

    Ng’ang’a said leaders from nations that are supporting the deferral bid should visit them and evaluate the magnitude of post-election violence effects before backing the move that he termed ill advised.

    “Why is the Government planning to defer the matter and yet we are here in camps suffering? They should come and ask us what we would like done to the suspects,” he noted.

    Some of the victims suffered over 25 per cent burns on their bodies while others are still under medication.

    The IDPs accused the Government of spending so much money on shuttle diplomacy at their expense.

    Thirty-five people lost their lives at the church in Eldoret after it was set on fire by their assailants who were out to eject them from Rift Valley.

    Among the victims who live in the camp is young Mike Misheck who was thrown out of the window by her burning mother to save his life. Misheck is now three years old.

  • Pro idps Kweli hawa ni wakenya?
  • Look how African President lacks common-sense>Watch the Video>

  • Here we go again. Kalonzo Musyoka blames Raila Amolo Odinga “TINGA” for the failed hearing of the deferral case by the UNSC.

    By Alex Ndegwa

    A much-hyped meeting between members of the UN Security Council and a mission spearheaded by Vice President Kalonzo Musyoka to defer two ICC cases against the Ocampo Six has been cancelled.

    The planned meeting, which had the backing of China, a key member of the Security Council, never took off amid conflicting reports as to whether it was even scheduled, or what may have forced its cancellation.

    A clearly miffed Musyoka sarcastically told journalists to “Go and ask Tinga about it,” when questioned about the meeting’s failure.

    Tinga (tractor) is a nickname of Prime Minister Raila Odinga and and the VP seemed to suggest the cancellation was prompted by a petition to the Council by the PM’s Orange Democratic Movement (ODM) party discrediting claims by President Kibaki’s Party of National Unity that the ICC cases could fan violence.

  • Kalonzo and Kibaki GEMA are really being fixed. The Shuttle Diplomacy has been SHATTERED!!! Kenya ina wenyewe. GEMA is getting irrelevant by the day!! Washindwe kabisa.

    UN Security Council rejects Kenya’s deferral bid –

    Posted Saturday, March 19 2011 at 10:47

    Kenya’s bid for the suspension of International Criminal Court action against the Ocampo Six has flopped following a rejection of the plea by key UN Security Council members.

    An informal meeting between Kenyan envoys and members of the council on Friday yielded no breakthrough for Kenyan officials. UN Security Council members including permanent members US, Britain and France said they would reject the request.

    A veto by any of the three countries would be enough to doom the mission, championed by President Kibaki’s allies, for a deferral of ICC action.

    The Reuters news agency quoted French ambassador to the UN Gerard Araud saying Kenya stood no chance for success when asked if the Security Council might accept the request.

    “No, I don’t think so. The conditions of the implementation of Article 16 are not fulfilled.”

    Article 16 of the Rome Statute, which set up the ICC, allows the Security Council to suspend the court’s proceedings if prosecutions at The Hague would constitute a threat to international peace and security.

    “Every council member has told them individually that their request will be rejected,” a council diplomat told Reuters on condition of anonymity.

    “One point of today’s (Friday) meeting was for the council to collectively make that clear to the Kenyans.”

    The rejection by the Security Council will come as a setback to government, which has being on a shuttle diplomacy led by Vice President Kalonzo Musyoka, to lobby the UNSC to postpone The Hague trials.

  • A time to reflect as clock ticks after ICC summonses
    Published on 12/03/2011
    By Donald Kipkorir

    “To everything, there is a season, and a time to every purpose under the heaven; … a time to plant and a time to pluck up…” Ecclesiastes 3:1-2

    On April 7, Messrs Francis Muthaura, Uhuru Kenyatta, William Ruto, Hussein Ali, Henry Kosgey and Joshua arap Sang have a date with the Pre-Trial Chamber of the International Criminal Court (ICC) at The Hague, The Netherlands.

    This first stage of trials at the ICC may look simple but are actually complex. Once the suspects have surrendered themselves to the court, the charges shall be read to them, and the Pre-Trial Chamber may still dismiss or confirm or vary the charges. Once the charges are confirmed as drawn or amended, a Trial Chamber will be constituted to hear the cases to completion.

    The Pre-Trial Chamber thereafter commits the suspects to detention until completion of the hearing, or they are released on very strict and mandatory bail terms. The outcome of what happens at The Hague on April 7 is not therefore cast in stone.

    What is however certain is that after April 7, Kenya’s political landscape will never be the same again.

    The carefully scripted political succession plan, whether overt or covert, will be thrown into tailspin. There are many pretenders to the presidency when Mwai Kibaki’s tenure ends in December 2012. As certain as the seasons, the tribes of Kikuyu, Kalenjin, Luo, Kamba and Luhya will each present a male candidate for the presidency irrespective of their chances of crossing the minimum constitutional thresh-hold.

    One does not need to be a soothsayer to know that the leading candidates of these tribes are Uhuru, Ruto, Raila Odinga, Kalonzo Musyoka and Musalia Mudavadi.

    If the Pre-Trial Chamber confirms the charges as they are or with amendments, the bitter truth is that the political and business lives of the Ocampo Six will irrevocably change.

    The trial process will then proceed for five years and beyond, and even up to 10 years. No one has continued with normal life after going through the ICC process. The Ocampo Six must therefore focus all their energies and resources to the outcome of April 7. Constitution of the Trial Chamber will remove them from direct participation in Kenya’s political and economic life forever. No amount of money or support will buy a comeback.

    If the Trial Chamber is constituted, Uhuru and Ruto will as well throw to the North Sea any keys they had cut for State House. Any presidential ambitions they had have to be reposited temporarily in chosen surrogates as they await their children to be of age.

    The surrogates have to be true regents; those who will not forget them and the fact that they are to hold office for a season and for a purpose. Klagema Motlanthe, South Africa’s Deputy President, held fort as surrogate President for Jacob Zuma during the turbulent resignation of Thabo Mbeki. My friends near and around the two intimate that Speaker Kenneth Marende and Minister Samwel Poghisio are the leading surrogates.

    No matter what the Constitution and The National Cohesion and Integration Act 2008 say, Kenya is a federation of tribes. Devolving of the country to 47 counties is an affirmation of this truth. The sooner we admit and accept our base tribal instinct, the better.

    Only an alcoholic or drug addict benefits from rehabilitation once he accepts his addiction. Kenya tries to run away from tribalism to non-tribalism in denial. It cannot and will not work. In this tribal matrix, do we have the pre-eminence of Raila, Uhuru and Ruto in national politics. Any other argument that their leadership is built outside their tribes is voodoo politics.

    As Uhuru and Ruto begin their countdown to The Hague, Kenya has to go into a meditation mood to reflect on its future. It is divine coincidence that the summonses were issued when Roman Catholics have begun the Lenten month. After his baptism by John the Baptist, Jesus withdrew to the desert and for 40 days, remained in solitary meditation.

    As his followers, Roman Catholics observe the Lenten period that began on March 9 by fasting and penitence, to try to relive the life of Jesus. It is not always successful, but heaven does not frown on attempts. Kenya has been forced by ICC to observe this period and out of it, choose whether it would remain intact or not post-ICC confirmation hearings. To pretend otherwise, will be aping that proverbial ostrich.

    It behooves Uhuru and Ruto to, at all times, remain dignified and statesmen. They can let their rabid followers send Kenya into the pits of chaos, or guide us to be stoic. It is in such times that true leadership shines.

    We may never know who caused the first fire, killed the first person, or made the first rape after the bungled 2007 presidential election. But we know that it was caused because both Kibaki and Raila refused to concede ground. By the chaos, the hand of the clock of our economy and nationhood was set back. Let that episode be a lesson well learnt.

    I do not mind supporters of the suspects hurling abuses against ICC at funerals. They can even continue with their shuttle diplomacy. We can even threaten to paralyse the ICC process.

    All these are theatrics that have no legal basis. The ICC process is unstoppable other than by its in-built mechanisms. The process can only be temporarily suspended by full concurrence of the five permanent members of the UN Security Council or by the ICC itself if the material state demonstrates ability and goodwill by arresting and charging the suspects for the same offences before an acceptable local tribunal.

    The US has already demurred and thus the route via UN is as dead as dodo. On the other hand, we have not set up an acceptable local tribunal nor have we arrested and charged the Ocampo Six.

    As we make the countdown to April 7, Kenya is collectively called to rise up to the mountain and find national unity, even if built on tribal pillars. When we look at Somalia to our east and DRC and Cote d’ivorie to the west, we see national promises nipped by meaningless civil wars wrought by tribal leaders gone rogue.

    My friendship and support for Uhuru and Ruto is beyond reproach, but my love for Kenya is greater. If indicted, let them give us their surrogates to support, and we will fall in line.

    As Uhuru is Roman Catholic and Ruto, born-again Protestant, let them tell their supporters, the words of Jesus after his 40-days fast, “Get You behind me, satan …” and save our country. We will remember you forever for that. Meanwhile, we wish you fair and expeditious process at The Hague.

  • Kenya’s latest Facebook presidential polling:

    Raila 2,906 49.8%
    Karua 1,390 23.8%
    Uhuru 1,142 19.6%
    Ruto 234 4.0%
    Musyoka 94 1.6%
    Wamalwa 70 1.2%

    Total 5,836

  • THE United States wrote to Police Commissioner Major General Hussein Ali at the height of the 2007-08 post-election violence advising against a shoot-to-kill policy.

    A diplomatic cable newly released by Wikileaks reveals that former American ambassador Michael Ranneberger wrote to Ali on February 22, 2008. “We have recently become aware that certain officers in charge have directed personnel under their command that “the immediate use of deadly force is authorised to quell any and all new political protests”,” wrote Ranneberger. “Obviously, reports of this nature are both alarming and contrary to established rules of engagement and, in the spirit of true cooperation, I feel compelled to bring this to your immediate attention, as we have enjoyed a tremendous partnership across an array of law enforcement and security issues,” said the envoy. “Consequently we believe that the established rules of engagement and situation-specific circumstances should continue to dictate minimal use of deadly force,” Ranneberger concluded.

    Ali, who is now the Post Master General, is among six key suspects that International Criminal Court chief prosecutor Luis Moreno Ocampo wants tried over the post election violence. It is not known if the American letter will form part of Ocampo’s evidence.

    The hearing for the confirmation of charges against Ali will be held on September 21 along with Finance Minister Uhuru Kenyatta’s and Public Service boss Francis Muthaura’s.

    Ali, represented by lawyer Evans Monari, has denied the allegations of crimes against humanity made by Ocampo. Ranneberger’s letter is contained in a cable sent to Washington on February 28, 2008.

    Ranneberger states that police sources claimed that the Nyanza Provincial Police Officer “issued a stunning directive to his Station Commanders telling them that during any future political protests in the region, deadly force is immediately authorized.” “He further assured the officers that any query as to the nature of the death or injury resulting from this order should be directed to him personally and that he would support the “victimized” officers,” the cable stated.

    The embassy added that its Investigator reported that a consignment of live ammunition, allegedly received from Israel, had just been received in Kisumu, and that 30 Kenyan Army troops had arrived in the lakeside city on February 21 to be joined by an additional 100 regular police and General Service Unit personnel.

    The cable noted that this could be seen as “prudent reinforcement on the part of the government” since regular police had been unable to control the violence that erupted after the December 2007 elections. “On the other hand, it could be an indication that the government does not expect the peace talks to succeed and is readying for a violent crackdown in that event,” Ranneberger said.

    Ranneberger added that according to an Embassy source, elements of the “Kikuyu-dominated Party of National Unity are backing so-called ‘Forest Guard’ militia, which includes Mungiki members”. He claimed that the militia was being organized and led by a retired Brigadier General. “This movement is reportedly receiving funding from a number of Kikuyu businessmen,” wrote Ranneberger.


  • Ocampo’s evidence on Uhuru, Muthaura and Ali:

    Click to access Evidence-on-Uhuru-Ali-Muthaura.pdf

  • What do outsiders have to do with our elections? Let them take their preferred candidates and elect them anyway. Its long since we stopped looking over our shoulders everytime the European ambassadors and their American counterpart poked their noses! That is one lesson Kibaki has taught us.

  • Nganga, Kibaki has not taught us anything because the Wazungu still call shots in Kenya whether we like it or not. Uhuru is invoking colonialism to cover his accused ass so as to show he is a hero who helped Kikuyus during the PEV.

    The China Kibaki taught us to follow does not give a damn about democracy and so by Uhuru touting new allies in their name, he is simply playing to the gallery because his best paid lawyers are British. Why not bring some from China? He also contracted a top-British PR company at $16 million to “clean up” his ICC-ridden image to look good during the just ended presidential campaigns.

    If you want to predict Kenyan under Western sanctions in case Uhuruto refuse the ICC process if they become leaders, then picture the current Zimbabwe under uncle Bob who just celebrated his 89th birthday to the tune of $600,000 yet the poor flock he leads live on nothing. His Central Bank had a reserve of $219 at the end of 2012.

    Look at Kenya beyond the lenses of tribe- Kikuyuism. Kenya habors international interests and other ethnicities must not suffer due to the selfishness of a man who does not want to face justice for what he is accused of.

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