The Hague: Ali’s turn to challenge Ocampo
Kenyans may on Monday learn how the attacks and killings in Naivasha and Nakuru were carried out as former police chief Hussein Ali starts his defence at The Hague.
Maj-Gen (Rtd) Ali will present witnesses who were in the thick of action in some of the hotspots of the post-election violence to challenge claims that police were under instructions not to interfere with the Mungiki revenge attacks.
“Tomorrow Kenyans will know exactly what happened and we have good witnesses who were on the ground as things happened,” his lawyer Evans Monari said on Sunday on phone from The Hague.
Maj-Gen Ali is the sixth suspect in the Kenyan case at the International Criminal Court (ICC) to take the stand.
Deputy Prime Minister Uhuru Kenyatta and Head of Public Service Francis Muthaura testified last week. (READ: Muthaura, Uhuru defence lay blame for violence on Ali)
Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio presenter Joshua Sang appeared before the judges early last month. (SEE IN PICTURES: Ruto, Kosgey, Sang at ICC)
ICC prosecutor Luis Moreno-Ocampo alleges that Maj-Gen Ali, who is facing the lesser accusation of being a co-perpetrator of the crimes against humanity, was executing a plan hatched by Mr Kenyatta and Mr Muthaura to preserve PNU’s hold on power by all means.
“The prosecution will rely on the testimony of several witnesses, official government reports and reports of independent human rights groups,” said prosecution lawyer Adesola Adeboyejo during the opening.
The prosecutor alleges that the former police chief contributed to the commission of crimes in a three-fold manner.
First, that he instructed security forces that were under his control not to obstruct the movement of the Mungiki and pro-PNU youth into the Rift Valley in preparation for the attacks against perceived ODM supporters in Naivasha and Nakuru.
Second, that he ensured that the police response to the attacks was inadequate.
Third, that he failed to arrest or initiate the prosecution of any of the main perpetrators of the attacks in Naivasha and Nakuru.
In his defence, Maj-Gen Ali will be keen to demonstrate that he was in full control of the police force and did not take instructions from anyone. The prosecution argues that the police commissioner took instructions from Mr Muthaura.
His defence is led by Mr Monari, American lawyer Gregory Kehoe, who has represented former military generals in international tribunals, Mr Otachi Bwo’Omanwa, a defence counsel at the International Criminal Tribunal for Rwanda and Canadian John Philpot.
The Nation learnt that Maj-Gen Ali’s defence will also show that more than 50 police officers were killed during the violence, some by the Mungiki.
He will also counter claims that after the post-election violence, a special police unit, the Kwe Kwe Squad, was used to eliminate Mungiki members who had inside knowledge of the killings in Nakuru and Naivasha.
Mr Moreno-Ocampo alleges that the Uhuru group used the police network to impose order.
“Ali is individually criminally responsible pursuant to Article 25(3)(d) of the Statute for crimes against humanity as defined in Article 7 of the Statute.
“Ali’s responsibility includes crimes carried out by a group of persons acting with a common purpose. Ali contributed to the commission of the alleged crimes by direct perpetrators from the Mungiki and pro-PNU youth.”
