January 18, 2018

ICC case cuts to heart of Kenyan political leadership

Here’s a brief summary of what was announced by ICC prosecutor, Luis Moreno Ocampo in The Hague this morning. Two bold cases, cutting to the very center of Kenyan political power – no “small fish” here. The Prosecution has requested a summons for these six to appear – with a clear stipulation that if they do not appear before the court voluntarily, he will go for arrest warrants. I haven’t had the chance to read the full Art. 58 applications yet (about to jump on a plane so it will be good in-air reading). From a quick scan, the public application is heavily redacted in anycase. Watching the reactions of not only the Kenyan political elite and civil society, but also the AU over the coming days will be fascinating.

CASE #1 :Crimes against PNU supporters:

The Prosecution believes the following are responsible under Art. 25 (3) (a) (co-perpetration) or (d) (common purpose) for:

– murder (Article 7(1)(a))

– deportation or forcible transfer of population (Article 7(1)(d))

– torture (Article 7(1)(f))

– persecution based on political affiliation (Article 7(1)(h))

William Ruto

Minister for Higher Education (though currently suspended on corruption charges)

Henry Kosgey

Minister of Industrialization (and a close ally of Prime Minister Raila Odinga)

Joshua arap Sang

Radio host (Kass FM’s breakfast show – broadcasting in Kalenjin to some 4.5 million listeners)

CASE #2: Crimes against ODM supporters:

The Prosecution believes the following are responsible under Art. 25 (3) (a) (co-perpetration) or (d) (common purpose) for:

– murder (Article 7(1)(a))

– rape and other forms of sexual violence (Article 7(1)(g))

– deportation or forcible transfer of population (Article 7(1)(d))

– other inhumane acts causing serious injury (Article 7(1)(k))

– persecution based on political affiliation (Article 7(1)(h))

Uhuru Kenyatta

Minister of Finance ( and son of Kenya’s founding president Jomo Kenyatta)

Francis Muthaura

Head of the civil service; secretary to the cabinet (close to President Kibaki)

Major General Hussein Ali

Post Master General (and former head of Kenyan police)

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