By Machel Waikenda Right from the word go when immediate former prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo claimed his office was investigating alleged perpetrators of post-election violence in Kenya in 2010, and after summons of six Kenyans by the Pre-Trial Chamber II on 8 March 2011, the process has depicted a chronicle of an outright sham and possible witchhunting expedition. In Ocampo’s initial list, Uhuru Kenyatta, William Ruto, Henry Kosgey, Francis Muthaura, Joshua Arap Sang and Mohammed Hussein Ali, all accused of crimes against humanity, were listed as Kenyans who bore the greatest responsibility during the raging violence. These cases have been crumbling, one after another, clearly vindicating ICC’s critics on the objectivity of the Prosecutor’s office in handling the Kenyan cases. On 23 January 2012, the Pre-Trial Chamber II confirmed the charges against Kenyatta, Muthaura, Ruto, and Sang and declined to confirm the charges against Ali and Kosgey. Thereafter, the case against Muthaura came crumbling and collapsed as it is bound to happen for the cases that lack of substantive evidence. Of significant interest is the fathomable and embarrassing impression by Prosecutor’s office on shallow investigations, of witnesses recanting testimonies like a leaking bucket thereby painting a grim picture on the nature of justice Fatou Bensouda’s prosecution team is pursuing. The lateness of the first prosecution witness during the trial of Deputy president William Ruto at the Netherlands-based court illustrates a rather disturbing impression on prosecution’s hope honouring the court schedule given that this case was pre-planned and not an impromptu or emergency session. Without discussing the material facts of the cases, in fact, Judge Eboe-Osuji described the scenario as a “shame” while adjourning the session to next week Tuesday. Moreover, in my opinion, it’s imperative to think outside the box on whether there exist any witnesses left from the fast-shrinking list.
Posted on: Sun, 15 Sep 2013 17:58:43 +0000
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