One of the lasting impressions from the initial appearance of the ‘Ocampo Six’ at the Pre-Trial Chamber II this week will undoubtedly be the utmost civility and attention to detail that local viewers witnessed during the proceedings.

Presiding Judge Ekaterina-Trendafilova addressed them and their counsel with plenty of decorum and respect, and none of the suspects’ rights were violated, although they were reminded to respect the discipline of the court by arriving on schedule. Kenyans saw that the suspect really have nothing to fear if they respect the conditions imposed by the Chamber, as they are innocent until proved guilty.

No Manipulation

In this sense, the International Criminal Court scored a coup against those keen to portray The Hague process as a kangaroo court under the manipulation of politicians.

It is probably to debunk this myth that the judges opted for an open court with proceedings transmitted live.

Today marks the end of the initial appearance of the six at The Hague, and the beginning of a process that may or may not result in their trial for crimes against humanity, starting with their confirmation of charges hearings on September 1.

Regardless, there is a growing consensus that the six should tread very carefully from now on. They must watch how they speak and what they say, because they are suspects and the prosecutor is still gathering evidence: Presiding Judge Ekaterina-Trendafilova may have smiled a lot, but her warnings are loaded with plenty of steel and should be taken seriously by the suspects and their experienced defence counsel.

Yesterday, she warned Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey, and radio journalist Joshua arap Sang to avoid breaking any of the conditions the court has set for them, lest their summonses be substituted with arrest warrants. Her warning came after she had informed the three and their learned counsel that the court was aware of attempts in Kenya to trigger violence should all six be charged with alleged crimes against humanity.

Before all this, former UN Secretary General Kofi Annan had expressed concern over the tone local political discourse had taken, and warned politicians in general to watch their tongues.

Tone Down Language

There is also every reason to believe the judge will repeat the same warning today to Deputy Prime Minister Uhuru Kenyatta, Postmaster General and former police commissioner Maj-Gen (Rtd) Hussein Ali, and Head of the Public Service and Secretary to the Cabinet Francis Kirimi Muthaura.

Interestingly, ICC Prosecutor Luis Moreno-Ocampo, no doubt informed by information seeping through from his investigators in Kenya, is now seeking tougher conditions to be imposed on Uhuru and his co-accused.

We cannot speculate on what that information is, but it would do well for all six suspects to do their bit and tone down the language that has been spewing forth from their rallies. They should listen to the wise counsel of their lawyers and avoid making inflammatory statements that could be interpreted negatively as threats.

All six suspects return Sunday and plan to attend a homecoming rally at Uhuru Park the following day organised by their supporters.

They have every right to hold rallies, but it comes with responsibility. It would be very tempting and easy to dismiss the warnings by the Pre-Trial Chamber II judge once they land on home soil, and are swept away by the power of emotions unleashed by their welcoming party, but that would be foolish indeed.

Alas, we fear our words are in vain and normal service will resume. Indications are that the suspects plan to launch presidential campaigns when they return and continue where they left off.

But the 50 plus MPs who escorted them are forgetting that they abandoned critical House business of passing supporting legislation that would ensure a peaceful General Election next year. They should suspend the circus and return to parliamentary duty.

After all that is why they were elected in the first place.