The Verdict on the Ocampo Six is out
ICC judges confirm cases against four top Kenyans
“Pre-trial Judges at International Criminal Court on Monday confirmed charges against four of the Ocampo six Kenyan suspects claimed to have played the biggest role in the 2007 2008 post-election violence that took the country to the precipice of civil war.
Charges against Tinderet MP Henry Kosgey and former Police Commissioner Hussein Ali were not confirmed after the Judges found insufficient grounds for sustaining them.
Judges Ekaterina Trendafilova and Cuno Tarfusser voted to the affirmative while Judge Hans-Peter Kaul dissented.
“After having thoroughly examined and analyzed individually and collectively all the evidence presented, the Chamber, by majority, decided to confirm the charges against four of the six suspects, as will be explained later in more detail.
“Judge Kaul appended a dissenting opinion in both cases. He maintains that the ICC is not competent because the crimes committed on the territory of the Republic of Kenya during the post‐election violence of 2007‐2008 in his view were serious common crimes under Kenyan criminal law, but not crimes against humanity as codified in Article 7 of the Rome Statute,” said Judge Trendafilova who read out the ruling.
“As to the criminal responsibility of Mr. Ruto and Mr. Sang, the Chamber found, on the basis of the evidence presented, that they are responsible for the charges levied against them.
“In particular, Pre‐Trial Chamber II confirmed the charges against Mr. Ruto as an indirect co‐ perpetrator with others, while it found that Mr. Sang contributed to the commission of said crimes against humanity.
“With respect to the criminal responsibility of Mr. Muthaura and Mr. Kenyatta, the Chamber was satisfied that the evidence also established substantial grounds to believe that they are criminally responsible for the alleged crimes having gained control over the Mungiki and directed them to commit the crimes.
“However, in relation to Mr. Ali, the Chamber found that the evidence presented does not provide substantial grounds to believe that the Kenya Police participated in the attack in or around Nakuru and Naivasha. Since Mr. Ali was charged with contributing to the crimes through the Kenya Police, the Chamber declined to confirm the charges against him.”
My Opinion:Ocampo Six and the future
I do hope that this will serve as a deterrent to future crimes in Kenya-especially those that are politically inclined
To those amongst the Ocampo Six whose charges have been confirmed,in as much as there exists no legislation on your suitability to vie for office come general election,my humble suggestion is that you reflect on this clearly and spend time before deciding on the next step in your career
To supporters of the Ocampo four, i do request that you handle this with sobriety and pray for them that you support and their families.
Indeed through the Ocampo six experience,Kenyans now know that violence does not reward in any way