Ocampo demands to know why suspects are still holding office

By Cyrus Ombati

International Criminal Court Prosecutor Luis Moreno-Ocampo has written to the Government demanding to know why some of the ‘Ocampo Six’ suspects are still in office.

Ocampo demanded an explanation why Francis Muthaura, Uhuru Kenyatta and Hussein Ali are still holding State jobs despite being named as criminal suspects.

He argues that, "there is a public perception the individuals are very powerful and influential within Government thus creating a climate that is not conducive for impartial investigations and proceedings".

Mr Uhuru holds the portfolio of Deputy Prime Minister and Minister for Finance.

He is also the chairman of Kanu. Ambassador Muthaura is the Head of Civil Service, Permanent Secretary in the Office of the President and the secretary to the Grand Coalition Cabinet.

Military

Mr Ali became Police Commissioner, but is now is the Postmaster General. Moreno-Ocampo’s sentiments are contained in a strongly worded letter addressed to Internal Security Minister George Saitoti, which was a follow-up to an earlier letter of March 16 that was copied to Cabinet minister who sit on the committee that handles ICC issues.

Members of the Committee include Attorney General Amos Wako, Justice Minister Mutula Kilonzo and Lands Minister James Orengo.

The letter is also copied Kenya’s Ambassador in the Netherlands, Prof Ruthie Chepkoech Rono.

legal system

"I write to ask you to clarify whether and/or when, in accordance with the Kenyan legal system, the Government of Kenya intends to request that Mr Muthaura, Mr Kenyatta, Mr Kosgey and Mr Ali fully resign from public office and from all functions," Moreno-Ocampo’s letter reads in part.

The practice in Kenya has been that only when charges are preferred against public officers do they step aside to pave way for investigation until they are cleared by the courts.

Saitoti was also asked to refer any queries relating to the issues Ocampo raised with Ms Shamiso Mbizvo.

"Should you have any questions relating to this request or in case of additional information, please do not hesitate to make contact."

The prosecutor’s letter is dated July 14 and appears to have been dispatched by diplomatic bag from The Hague.

From the contents of the letter, it appears Ocampo is still relying on information that Kosgey is still a Cabinet minister.

Kosgey stepped aside from the Industrialisation docket when he was implicated in the alleged irregular importation of cars into the country and charged with abuse of office.

He still remains ODM chairman and MP for Tinderet.

Muthaura, Uhuru, Ali and Kosgey have been charged alongside suspended Higher Education Minister and Eldoret North MP, William Ruto and Kass Fm radio presenter Joshua arap Sang.

crimes against humanity

The ICC Pre-Trial Chamber II in its argument during summonses found reasonable grounds to believe that Ruto, Kosgey and Sang were criminally responsible as indirect co-perpetrators pursuant to Article 25(3)(a) of the Rome Statute for crimes against humanity of murder, forcible transfer of populations and persecution.

The confirmation of charges hearing will be on September 21. The summonses to appear were issued on March 8 and the initial hearing, which was attended by the suspects’ lawyers was on April 8.

Uhuru, Ali and Muthaura face charges levelled by the Pre-Trial Chamber II, which found reasonable grounds to believe that Muthaura — together with Uhuru — were criminally responsible as indirect co-perpetrators for the crimes against humanity of murder, forcible transfer of population, rape, persecution and other inhumane acts.