Ocampo names Kenya chaos suspects

Next steps

• The six expected to inform the Pre-Trial Chamber II their readiness to appear before the ICC judges.

• The three-judge bench will weigh the merits of Mr Moreno-Ocampo’s application and could reject the request to issue a summons to appear, approve it or transform it into an arrest warrant. The Prosecutor expects this to happen in the first part of 2011.

• If the chamber agrees with Mr Moreno-Ocampo’s request, the individuals identified will be expected to go to The Hague to make their initial appearance before the judges.

• A public hearing to confirm the charges will be held.

• It is at this stage where the judges review the evidence and decide whether it is enough to proceed to trial. The six individuals can be represented by their lawyers. The prosecutor expects this will happen in the second part of 2011 or the beginning of 2012.

• The Pre-Trial Chamber II consisting of judges Hans-Peter Kaul, Ekaterina Trendafilova and Cuno Tarfusser will make a decision to confirm the charges and send the case to trial, amend or reject the charges.

• Mr Moreno-Ocampo expects that the trial of the six would begin in the second part of 2012 or early 2013.

The names of suspected masterminds of Kenya's post election violence have finally been revealed.

The six include senior politicians in the Party of National Unity (PNU) and the Orange Democratic Movement (ODM), the main parties that battled it out for the presidency in the disputed 2007 elections.

International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo said Wednesday that the prominent leaders bore "the greatest responsibility" for the violence that left 1,133 people dead and 650,000 displaced.

Finance minister Uhuru Kenyatta, his Industrialisation counterpart Henry Kosgey, Eldoret North MP William Ruto, the head of the civil service Francis Muthaura, former Police Commissioner Hussein Ali and journalist Joshua arap Sang will now receive summons to appear before The Hague- based court.

Mr Moreno-Ocampo was addressing a news conference after presenting before the ICC judges two cases, each involving three individuals.

"The post election period of 2007-2008 was one of the most violent periods of the nation’s history,” said the Prosecutor. 

"These were not just crimes against innocent Kenyans," he said.

“They were crimes against humanity as a whole. By breaking the cycle of impunity for massive crimes, victims and their families can have justice. And Kenyans can pave the way to peaceful elections in 2012.”

Mr Moreno Ocampo said he considered Mr Ruto, Mr Kosgey and Mr arap Sang as the "principal planners and organisers of crimes against PNU supporters".

He said Mr Muthaura used his position as the chairman of the National Security Advisory Committee to "authorise the police to use excessive force against ODM supporters and to facilitate attacks against ODM supporters". Major General Ali also faces the same charges.

Mr Kenyatta is accused of mobilising the outlawed sect Mungiki to attack ODM supporters.

Mr Sang used "his radio program to collect supporters and provide signals to members of the plan on when and where to attack," said the Prosecutor.

He said that “perpetrators” cultivated by Mr Ruto, Mr Kosgey and Mr Sang began to execute their plan by attacking PNU supporters immediately after the results were announced.

"On 30-31 December 2007, they began attacks in target locations including Turbo town, the greater Eldoret area (Huruma, Kimumu, Langas, and Yamumbi), Kapsabet town, and Nandi Hills town. They approached each location from all directions, burning down PNU supporters’ homes and businesses, killing civilians, and systematically driving them from their homes.

"On 1 January 2008, the church located on the Kiambaa farm cooperative was attacked and burned with more than hundred people inside. At least 17 people died. The brunt of the attacks continued into the first week of January 2008."

Mr Moreno-Ocampo accused government officials: Mr Kenyatta, Mr Muthaura and Major General Ali of planning and executing well coordinated retaliatory attacks.

"On or about 3 January 2008, KENYATTA, as the focal point between the PNU and the criminal organization the Mungiki, facilitated a meeting with MUTHAURA, a senior Government of Kenya official, and Mungiki leaders to organize retaliatory attacks against civilian supporters of the ODM.

"Thereafter, MUTHAURA, in his capacity as Chairman of the National Security Advisory Committee (“NSAC”), telephoned ALI, his subordinate as head of the Kenya Police, and instructed ALI not to interfere with the movement of pro-PNU youth, including the Mungiki.