President’s strategy took him to world capitals

The extent of the political, legal and diplomatic battle waged by the Kenyan government ahead of the withdrawal of the case against President Uhuru Kenyatta at the International Criminal Court (ICC) can now be revealed.

It targeted top and influential leaders in London and Washington even as the public focus was firmly presented as an African Union (AU) campaign for fairness before the ICC.

Spearheading the effort were members of the larger Kenyatta family, Cabinet secretaries, elected politicians, some of the President’s personal staff, principal secretaries and directors in the public service with international connections.

Interviews with multiple sources close to President Kenyatta who are familiar with the strategy said from the beginning the plan was to ensure the case against the President did not go to trial.

This was in contrast to Deputy President William Ruto and broadcaster Joshua Sang who are seeking to clear their names in court.

Another campaign targeted European countries like Norway, Denmark and France that were seen to be opposed to any efforts to block President Kenyatta’s trial.

The campaign in these countries adopted strategies similar to those employed by NGOs in advocacy, including distributing fliers to members of the public.

CONCOCT EVIDENCE
Dubbed “Pause! Justice can only come from a Just Process”, the campaign cited the Kenyan Constitution and the fact that more than six million Kenyans voted for President Kenyatta and Mr Ruto knowing that the two had been indicted by the ICC.

“He was voted for because Kenyans believed he was not guilty of the crimes he was accused of, and believed he would easily prove this at trial” one of the fliers declares.

It continues that Kenyans earlier supported the ICC in the belief that the trial would be free and fair but that the President had filed an application showing abuse of the process through conspiracy to concoct evidence; witnesses had lied to the court; criminals were being motivated to testify against the President on the promise that the prosecutor would protect them from prosecution for their crimes.

The focus of attack was Witness 118 and an intermediary who connected the prosecutor with at least 10 witnesses.

The court had acknowledged that there was supporting material that the individual may have coached some prosecution witnesses and sought financial gain.

Further targets included top government officials in key countries. In the UK, for example, the anti-ICC campaign targeted officials in Prime Minister David Cameron’s office, Deputy PM Nick Clegg and then Foreign Secretary William Hague.

STRATEGIC APPOINTMENTS

The UK public relations company BTP Advisers, which was involved in the successful Jubilee campaign in 2013 is understood to have played a role in the international anti-ICC campaigns, including writing opinion articles in newspapers and organising meetings.   

In the United States, focus was on National Security Advisor Susan Rice, among others. US lobbyists were key in organising the meetings.

The message to them was simple. “Look at the evidence being presented in the case against the President. Ask the prosecution if they have looked at the evidence.”

The President, in appointing Cabinet Secretaries and PSs named people who had worked at senior levels in international organisations and those who had contacts with powerful personalities on the international scene.

Foreign Affairs CS Amina Mohammed, for example, had worked for the World Trade Organisation, Presidential Strategic Communication Unit director Manoah Esipisu worked for the Commonwealth Secretariat and has connections with former Secretary-General Kamalesh Sharma and has also worked for the African Development Bank, while Interior PS Monica Juma had worked for the African Union.

INFLUENTIAL VOICES

What these people brought was their ability to connect the presidency with influential international voices to pass on Kenya’s message. Another strategy involved the East Africa Community and the AU.

Kenya’s strategic position in the region, economic power and role in stabilising the Horn of Africa — including ability to influence events in South Sudan and Somalia — also came into play.

President Kenyatta also positioned Kenya as a regional ICT and infrastructure hub, creating competition for contracts between European and Chinese and Japanese firms.