Panic over Ocampo's list to ICC

The handing over of list of suspected perpetrators of Kenya's post-election violence of 2008 to the International Criminal Court judges has caused fear, panic and anxiety across the country especially in areas that were hardest hit by the chaos.

Senior officials of the three arms of the police: Regular, Administration and General Service Unit have also not been spared as ICC Chief Prosecutor Luis Moreno-Ocampo stated that they were used in the chaos.

The Waki Commission report on post-election violence linked more than 400 deaths of the 1,133 people killed during the two months of the post election violence to the police.

A survey by the Sunday Nation in some of the areas that were affected by the skirmishes indicated that many of the suspected financiers and organisers of the chaos had been thrown into a panic.

There is also fear among the victims.

“No one knows what is going to happen. It is as if it is now clear some of the perpetrators will be taken to the Hague,” Mr Ken Wafula whose organisation, Centre for Human Rights and Democracy has been championing for rights of victims of the chaos, said.

A former Eldoret councillor Mr Kipkorir Menjo said: “People are fatigued. They want the truth to come out. The naming of the suspects will bring new political equation ahead of 2012 polls.”

The Kenya National Commission on Human Rights whose report together with that of the Waki Commission is being used by Mr Moreno-Ocampo to push for the trial of the suspects said the biggest part will be if prosecutor will be authorised to conduct investigations and later demand that the suspects be handled to ICC.

“If the names are made public will there be political will to hand over the suspects to the ICC. President Kibaki refused two ministers to step aside to allow investigations of graft in their ministries, will he accept to hand over some of the ministers to the Hague?” KNCHR vice-chairman Hassan Omar, questioned.

Mr Omar said following the handing over of further information to the pre-trial chambers by the prosecutor, it is expected the judges will expeditiously deliberate on the application within shortest time possible.

“The fact that the judges asked for further information means they had started working of the prosecutor’s application which they have been having for the last four months,” Mr Omar said.

If granted the request, Mr Omar elaborated, Mr Moreno Ocampo could come to the country soon to start his investigations and within four to six months Kenyans could be able to know the names of suspected key perpetrators of the killings.

Mr Omar agreed that the handing over of the 20 names had caused anxiety with many Kenyans wondering whether the authorisation will be allowed, who were in the list and that the more the process delayed the country would be nearing the 2012 elections.

“The prosecutor should be allowed to come as soon as possible when there are still avenues to collect evidence and ensure witnesses are protected,” Mr Omar said.

The vocal vice-chairman said although the prosecutor had given 20 names they could be increased or reduced depending on investigations. The names, he said, were only given to clarify to the pre-trial chambers the kind of investigations to be done and the levels of the perpetrators.