Panic as ICC warns on alleged threats to witness families

Kenya was yesterday reeling from the dawning reality that in slightly over a fortnight, some of its elite leaders would be international outlaws.

Prosecutor Luis Moreno-Ocampo’s most emphatic statement yet - that December 17 will mark a turning point in the quest for justice over the 2007 post-election violence and that the leaders will face trial in 2012, thereby effectively locking them out of leadership - has created unprecedented anxiety and panic.

From the top offices in the land to the grassroots where the ordinary man and woman have been yearning for justice, the word on everyone’s lips was the identity of the six prize targets of the ‘celebrity’ prosecutor, whose scalps have included Sudanese President Omar El-Bashir and some Congolese leaders.

ICC Prosecutor Luis Moreno Ocampo during the just-concluded forum on reforms and reconcialiation in Nairobi. He moves to the Pre-Trial Chamber of the ICC on December 17, where six prominent Kenyan suspects are expected to be exposed. [PICTURE: FILE]

And from The Hague itself, there was concern over the safety of the families of witnesses who are allegedly being threatened following Moreno-Ocampo’s declaration on his course of action. But the ICC Prosecutor said the threats would not stop the presentation of the cases.

"The Prosecutor is identifying those who are organising such threats and will eventually request arrest warrants for individuals who persist," said the terse statement last night.

"Those who believe they may be suspects should defend themselves in a court of law, not by threatening or interfering with witnesses," it added.

Also concerned was former UN Secretary-General and Kenya mediator Kofi Annan, who defended the ICC over accusations that it was being used to end the ambitions of some politicians while creating an easy path to State House for others.

Annan said the politicisation of the process would not detract the court from "punishing criminals who masterminded the post election violence".

He asked who would address the plight of the violence victims if the ICC did not act now. "How will they get justice if we cow and let the perpetrators go scot-free?" he posed.

Focus shifted to the expected indictment of six prominent Kenyans as 16 MPs held a press conference at Parliament Buildings where they reacted to Prime Minister Raila Odinga’s parting shot to Ocampo not to forget that the chaos were triggered by rigged elections. Cabinet Minister Beth Mugo led another group of MPs from President Kibaki’s Party of National Unity (PNU) who demanded that Raila must be included in the list of suspects "to spare the country from more trouble". They disputed the PM’s version that the violence was caused by the rigged 2007 presidential election, and instead contended that it was ODM’s mass action call that led to the killings.

At the same time, it has emerged that security chiefs who served during the post-election violence period have moved to The Hague for orders stopping Moreno-Ocampo from seeking indictments of suspects.

The Standard On Saturday learnt that nine of the Provincial Police Officers and Provincial Commissioners who were in office at the time filed an application at the ICC, The Hague, seeking to stop Ocampo from appearing before the Pre-Trial Chamber II. They also want three judges sitting at the Chamber to stop an ICC process in Nairobi that seeks to interrogate them beginning Tuesday over the violence that led to 1,300 deaths.

Yesterday, 16 MPs from Rift Valley and Central provinces warned of the likelihood turmoil and promised to move a Motion in Parliament to discuss the issue. But the ICC prosecutor has repeatedly vowed to press on and "make Kenya an example to the world on how to fight impunity".

The MPs dismissed investigations by Ocampo saying they were flawed and marred by political interests.

On Wednesday, Ocampo told Kibaki and Raila in closed-door meetings that he was ready to file two cases targeting six prominent persons over crimes against humanity.

At Parliament Buildings, Nithi MP Kareke Mbiuki claimed the ICC process was a "weapon" to eliminate some leaders from the political field. The angry MPs took issue with Ocampo’s remarks, with MP Sophia Abdi declaring that the ICC Prosecutor had "no business in our country and we want him to keep off".

She said the ICC investigations had attracted political interests and intrigues aimed at eliminating certain people. Chepalungu MP Isaac Rutto accused Ocampo of behaving like a politician by making outbursts and issuing threats to the Kenyan leaders.

But former Justice Minister Martha Karua dismissed the MPs’ sentiments, saying Ocampo should be allowed to continue with his work.

"The country failed to establish a local tribunal and hence Ocampo should prosecute perpetrators of the violence," said Karua.