ICC did not have to get involved in Kenya

Dec 16, 2010

INTERNATIONAL Criminal Court (ICC) prosecutor Luis Moreno-Ocampo on Wednesday named six high ranking Kenyans as being most liable for planning the post-election violence that broke out in Kenya 2007.

INTERNATIONAL Criminal Court (ICC) prosecutor Luis Moreno-Ocampo on Wednesday named six high ranking Kenyans as being most liable for planning the post-election violence that broke out in Kenya 2007.

Ocampo named deputy prime minister and finance minister Uhuru Kenyatta, suspended minister William Ruto, industrialisation minister Henry Kosgey, public service head Francis Mutahura, former police chief and ex-military attaché to the high commission in Kampala, Gen. Mohammed Hussien Ali and radio executive Joshua arap Sang after several months of investigation.

The blood spill sparked by the controversial declaration of President Mwai Kibaki as winner of the 2007 polls led to the death of at least 1,200 people.

To begin with, this is an eye-opener for anybody planning crimes against humanity, it is a signal that perpetrators, however powerful, will not be able to hide behind the skirts of their respective governments.

However, Ocampo need not have got involved in this case if the Kenyan government had shown more resolve in investigating and prosecuting the case itself.

Given that the suspects are high ranking officials, it is maybe no surprise that the Kenyan government, despite international entreaties, continue to twiddle their thumbs in setting up a local tribunal on the matter.

If the named do not present themselves voluntarily to the ICC, Ocampo will be forced to issue arrest warrants.

Meanwhile, Ocampo’s actions have widespread support among the Kenyan public, who have lost faith in their government.

The lesson for all observers is that strong institutional capacity is critical to not only prevent impunity, but to punish instances of it wherever they arise, otherwise like Kenya, you can be faced with the embarrassment of someone coming to clean your dirty linen for you.



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