Security chiefs call on ICC to stop trial

By CYRUS OMBATI

Security chiefs who served during post-election violence have moved to The Hague to seek orders to stop ICC chief prosecutor Louis Moreno-Ocampo from indicting suspects linked to the violence, we have reliably learnt.

Nine of the PPOs and PCs who were in office in the period have filed an application at the court seeking to stop Moreno-Ocampo from appearing before the Pre-Trial Chamber II.

Moreno-Ocampo is expected to appear before the Chamber in two weeks’ time to seek the indictment of the suspects.

They also want three judges sitting at the Chamber to stop an ICC process in Nairobi that seeks to interrogate them beginning Tuesday.

The application was made yesterday in a case lodged at the registrar’s office at The Hague, sources said.

- Some of the lawyers who will be representing the security chiefs in The Hague. They will be seeking to protect their clients from being entangled in the ICC case against suspected masterminds of the 2007 post-election violence that rocked the country. [PICTURE: FILE/STANDARD]

It is not clear who lodged the papers given that all the security chiefs’ lawyers were in Nairobi, yesterday.

But other sources say lawyers Evans Monari and Ken Ogeto who are among those representing the security chiefs are expected to travel to the Netherlands tonight to pursue the case. The two refused to comment on the matter.

Sources say lawyers representing the security chiefs report in their applications that they feel their rights are being abused because they are being forced to give evidence before the ICC detectives and High Court judge justice Kalpana Rawal in Nairobi. The application was lodged by a group of lawyers representing the security chiefs under Ogeto, Otachi and Company Advocates.

It was addressed to Pre-Trial Chamber II Judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser who are handling the Kenya case.

Sources at The Hague told The Standard On Saturday that there are five prayers that the security chiefs have made to the judges.

The lawyers argue that the proposed approach contradicts the Office of the Prosecutor’s stated "desire to hold voluntary interviews" in a manner which preserves their rights and "ensures integrity of any evidence given".

If granted, this could derail the whole process of getting justice to the victims of the 2007/2008 post-poll violence victims. Moreno-Ocampo has already indicated he intends to appear before the judges before December 17, to seek indictment letters for at least six people.

A ruling of the application is expected probably on Monday, a day before the grilling of the security chiefs begins.

Those named in the suit papers are Ernest Mwinyi, Kingori Mwangi, Hassan Noor, Grace Kaindi, Njue Njagi, James Waweru, Paul Olando, Japhet Rugut, and Gideon Ashmala.

The then Central PPO Philip Ndwiga has disqualified himself from the process because he is no longer a civil servant although the ICC team in Nairobi has summoned him.

Their move came after Justice Rawal rejected the security chiefs’ application requesting to be provided with questions they are to be asked by the ICC team on Tuesday.

In a ruling dated November 25, Justice Rawal rejected an application by the security chiefs requesting to be provided with questions they are to be asked by The Hague in relation post-election violence.

The Justice Rawal’s ruling was based on submissions made by the security chiefs’ lawyers dated November 15, when Moreno-Ocampo objected a request by the counsel to supply specific details and questions.

"A single answer or set of answers may appear innocent and harmless, but when placed in perspective of the totality of facts and circumstances, it may turn out to be grossly incriminating," they said.

They added: "There is a real risk or danger of the potential witnesses to give evidence and in the process incriminate themselves."

It is on this ruling that the security chiefs argue they are being forced to give evidence and want the Pre-Trial Chamber 11 to intervene.