ODM to hire lawyers for Ruto, Kosgey over ICC cases

The Orange Democratic Movement has indicated that it will hire lawyers to represent its members named as post election violence suspects by the International Criminal Court.

ODM also announced that it will sponsor a Bill to provide for the establishment of a credible judicial mechanism to try the cases facing the Ocampo Six.

The lawyers will represent Eldoret North MP William Ruto, Henry Kosgey (Tinderet) and radio presenter Joshua Sang.

Orange MPs led by parliamentary secretary Ababu Namwamba and deputy secretary-general Joseph Nkaissery said the lawyers will be asked to accompany the three suspects for their initial appearance at The Hague on April 7.

“Whether it is at a court in Kibera or at The Hague every suspect has a right to a fair trial and justice,” said Mr Namwamba.

The legislators said the decision was arrived at the National Executive Committee and Parliamentary Group meeting on Tuesday.

They declined to name the lawyers, saying only that they would accompany the three and support them. 

“The party will hire legal experts to hold brief, accompany the members and support them,” said Gen Nkaissery.

Mr Ruto, the Eldoret North MP and deputy leader, is a rebel within the party and does not see eye-to-eye with Mr Odinga.

Relations between Mr Kosgey and the Odinga faction have been frosty since the announcement that he was one of the six people the ICC claims bear the greatest responsibility over the violence that claimed at least 1,133 people and displaced an estimated 650,000 from their homes.

While Mr Sang is not principally an ODM member, ICC Prosecutor Luis Moreno-Ocampo listed him as a suspect under the party's banner when released his list. The others, Finance minister Uhuru Kenyatta, head of Civil Service Francis Muthaura and Postmaster General Hussein Ali were lumped under the PNU.

The party also took a swipe at the efforts by coalition partner PNU to shield the Ocampo Six from prosecution by attempting to have the ICC defer the case for a year.

“The shuttle diplomacy where the Vice President has been lobbying characters, some of who are candidates of international investigations has the brought the country ridicule and odium,” said Mr Namwamba.

They said that by taking the position to have the cases referred to Kenya, the intention was to protect the dignity and sovereignty of the country. 

Mr Namwamba maintained that the party has consistently been for the creation of a local tribunal despite previous failed attempts.

The bill for the establishment of a local tribunal will be brought to Parliament next week and will cover all details as  provided for by the Rome Statute, Gen Nkaissery said.

MPs at the press conference included  ministers Franklin Bett, Mohamed Elmi and assistant ministers Margaret Kamar, Maalim Mohamed, Dhadho Godana and MPs Rachel Shebesh, Omar Zonga and Dr Joyce Laboso.

The latest move marks a major climb down from the party position on the trials.

In a hard hitting statement in Parliament on Wednesday, Prime Minister Raila Odinga said the Ocampo Six should be ready to prove their innocence at the ICC.

“We cannot all the time be talking about the innocence of the six. More than 1,300 Kenyans were killed, some were burnt in a church and in Naivasha others were shot. Justice for them must also be done. 

"That innocence of the six must be proved through a fair judicial process. If you are mentioned, go through the process,’’ Mr Odinga while responding to a question by Mutito MP Kiema Kilonzo during the Prime Minister’s time in Parliament Wednesday.

“If you are a suspect do not tell us you are innocent. Go and clear your name there (at the Hague)."

Mr Odinga, who is the ODM party leader, also called for an independent prosecutor and the involvement of foreign investigators such as the Federal Bureau of Investigations (FBI) and the UK's Scotland Yard if the trials are to be handled locally.