Second group of Ocampo Six to appear in court

Public Service head Francis Muthaura (left), Deputy Prime Minister Uhuru Kenyatta (centre) and Former Police Commissioner Hussein Ali. Photos/FILE

National attention turns to post-election violence suspects Uhuru Kenyatta, Francis Muthaura and Hussein Ali on Friday when they make their initial appearance before the International Criminal Court.

The trio will appear before the three-judge bench comprising Ekaterina Trendafilova (presiding), Hans-Peter Kaul and Cuno Tarfusser.

But their emotional burden was made heavier on Wednesday when Prosecutor Louis Moreno-Ocampo asked the court to impose tough conditions on them.

The judges may accept or reject the requested conditions. If the court accepts the conditions but the suspects ignore them, a warrant of arrest will be issued.

The prosecutor wants the three to be appearing in person before the judges at least once every six months.

He also seeks an order to ensure that they do not make any public statements that contain or can be construed as containing “an open or veiled threat to actual or prospective witnesses or victims”.

In addition, they should submit complete financial information. The three have been linked to the 2008 post-election violence, mainly in Naivasha and Nakuru.

Mr Kenyatta is accused of teaming up with Mr Muthaura to coordinate Mungiki revenge attacks in Naivasha.

The court has also been told that Mr Muthaura, the Public Service chief, and Mr Kenyatta, a deputy prime minister, are responsible for murder, forcible transfer and rape committed in Nakuru and Naivasha.

The ICC prosecutor alleges that Major-Gen Ali, who commanded the police at that time, was instructed by Mr Muthaura to order the police not to interfere with the Mungiki.

“There are thus reasonable grounds to believe that the contribution made by Ali to the commission of the alleged crimes was intentional and relevant enough so as to amount to a contribution ‘in any other way’ within the meaning of article 25(3)(d) of the Statute.”