Army ‘likely to reject Ocampo’
Survivors of Mt Elgon clashes shortly after treatment at Naiberi medical camp near Eldoret Town last June. The treatment was organised by Urgent Action Fund. Photo/ FILE
What you need to know:
- Disciplined forces will never be part of an ICC probe, says Nkaissery
International Criminal Court prosecutor Luis Moreno-Ocampo is likely to face an uphill task when he starts investigating the activities of soldiers and policemen involved in disarmament of Sabaot militia in Mt Elgon two years ago.
The prosecutor convinced the pre-trial three-judge chamber that crimes the army and police are accused of during Operation Okoa Maisha be heard by the special court.
Sensitive security
Though Kenya is under obligation to cooperate, the investigations touching on the army, a traditionally protected and sensitive security arm, may put the prosecutor on a collision course with the military top brass.
Retired generals interviewed on Tuesday said the prosecutor would “face considerable difficulties”.
For long, issues of the military have been “closed” to the public.
“The provisions of the Official Secrets Act are limiting,” said a reluctant Lt-Gen (Rtd) Humphrey Njoroge.
He declined to comment further, saying retired officers had a commitment not to comment on sensitive security matters in retirement.
But Defence assistant minister and retired army Maj-Gen Joseph Nkaissery said “there is no time the armed forces will be part of the ICC investigations”.
In Mt Elgon, he said, the military went into operation to protect civilians from criminals.
“There is no time the forces will go against the rights of civilians because their mandate is to protect,” he said on Tuesday. “I doubt if there is any evidence that they committed any crimes against humanity. The military are not a suspect.”
“The laws governing the military don’t stop it from cooperating with the prosecutor, but there are limits,” said another retired senior military officer who requested anonymity.
But Capt (rtd) Simiyu Werunga says international conventions compel Kenya to cooperate with the ICC official.
“They (military) will try not to open up but they have no choice. International laws require them to support the prosecutor,” he told the Nation on Tuesday.
He said members of the military were in order to assist quell rebellion, “but they must operate within certain international and national laws. Infringement on human rights is not acceptable,” he added.
The ICC judges ruled hundreds were tortured and killed by the security forces in 2008. The army denies this.
